Inefficiencies in markets for intellectual property rights: experiences of academic and public research institutions

Butnik-Siverskiy О. Economic and legal prospects of activation of science parks activity on the way to neoeconomics. The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutionsand / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of science parks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities witha science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from the standpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity, having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-upcapital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It isnoted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.Keywords: intellectual and innovation environment, science park, founding agreement, statutory capital, intellectual property rights, license agreement, legal status

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ECONOMIC AND LEGAL PROSPECTS OF ACTIVATION OF SCIENCE PARKS ACTIVITY JN THE WAY TO NEOECONOICS

Theory and Practice of Intellectual Property ◽

10.33731/42020.216944 ◽

2020 ◽

Author(s):

Олександр Бутнік-Сіверський

Keyword(s):

Higher Education ◽

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Higher Education Institutions ◽

Research Institutions ◽

Science Parks ◽

Science Park ◽

State Budget ◽

Start Up

The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutions and / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of scienceparks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities with a science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from thestandpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity,having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-up capital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It is noted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.

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Intellectual Property Rights Protection

10.1093/oxfordhb/9780190900533.013.20 ◽

2021 ◽

pp. 369-383

Author(s):

Can Huang ◽

Naubahar Sharif

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Innovation System ◽

Public Research ◽

Intellectual Property Rights Protection ◽

Property Rights Protection ◽

Research Organizations ◽

Public Research Organizations ◽

Legislative Changes

This chapter provides background on China’s intellectual property rights (IPR) system. It explains the surge in patenting activity in China over the past two decades. Given the central role played by universities and public research organizations, the chapter details the legislative progress made in management of intellectual property with respect to technology transferred from these two key actors in China’s innovation system. The chapter also outlines the challenges that still remain with regard to management of intellectual property and patent licensing on the part of Chinese universities and public research organizations. Finally, the chapter documents the most recent legislative changes in China’s IPR system in order to strengthen it further.

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Intellectual Property Rights

Advances in Business Strategy and Competitive Advantage - Bioentrepreneurship and Transferring Technology Into Product Development ◽

10.4018/978-1-7998-7411-9.ch006 ◽

2021 ◽

pp. 95-110

Author(s):

Vijay Laxmi ◽

Mary Shobha Rani Inala

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Life Sciences ◽

Intellectual Property Protection ◽

Research Institutions ◽

Trade Secrets ◽

Public Benefit ◽

The Mind ◽

Professional Guidance

Intellectual property rights (IPRs) denote distinct types of conceptions of the mind for which property rights are documented. Basic and clinical scientists at research institutions often make ideas that have health benefits if developed and applied to the improvement of human wellbeing. Therefore, learning the basics of intellectual property protection and obtaining professional guidance in its management avoids such losses with a minimal burden of confidentiality on the investigator by using any of the mechanisms (patents, trademarks, copyrights, trade secrets, and know-how agreements). The probability of scientific findings becoming accessible for public benefit is low without suitable intellectual property protection. This reality is particularly true in the life sciences and biotechnology arenas comparative to other areas of science, and hence, it is a prerequisite to know about intellectual property rights and their significance for better development.

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PARTICIPATION OF UNIVERSITIES IN THE DEVELOPMENT OF INNOVATIVE ACTIVITIES

Business Strategies ◽

10.17747/2311-7184-2021-7-210-212 ◽

2021 ◽

Vol 9 (7) ◽

pp. 210-212

Author(s):

N. A. Khramtsova ◽

K. B. Rybakova

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Public Research ◽

Trade Off ◽

Research Systems ◽

Research Activities ◽

Over Time

The centrality of universities in public research systems has grown over time as interactions with industry take place. This interaction poses two problems. One concerns individual scientists and the potential trade-off between core research activities and those required to successfully develop and commercialize scientific inventions. A second dilemma arises with the tension between the industry's need to rely on clear and solid intellectual property rights and the totality of scientific enterprises.

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ANALISIS SITUASI HAK KEKAYAAN INTELEKTUAL BIDANG KESEHATAN DI INDONESIA

Buletin Penelitian Sistem Kesehatan ◽

10.22435/hsr.v21i2.341 ◽

2018 ◽

Vol 21 (2) ◽

pp. 97-103

Author(s):

Selma Siahaan ◽

Basundari Sri Utami ◽

Retno Gitawati ◽

Rini Sasanti Handayani ◽

Mukhlisul Faatih ◽

...

Keyword(s):

Qualitative Research ◽

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Scaling Up ◽

Research Institutions ◽

Cross Sectional ◽

Health Products ◽

Ipr Policy ◽

Depth Interviews

The information about intellectual property rights (IPR) related to health products in Indonesia is limited. This manuscript aims to describes the situation of health innovative researches including their products (patented and copyrights) in the last 5 years (2009-2013). This is a cross-sectional exploratory qualitative research, followed by the identifi cation of data and information related to health IPR documents retrospectively from 2009 till 2013. In-depth interviews conducted on IPR managers in 5 (fi ve) government research institutions, Indonesia Institute of Science, Agency for the Assessment and Application of Technology and 7 (seven) universities in Java island. The results showed that the IPR policy is strong, because it is written in the Act, majority of institutions state that IPR is their main indicators, however, the priority of health innovative researches is low. Generally, patented products were not planned to be patented from the beginning. Not all institutions have IPR management structured and incubation unit for development and “scaling up” of researches results, so that, patented health products were potentially not to be commercialised. This shows that there is still a gap between policy and its implementation in terms of research innovation. Governments should actively promote and utilize the patented health products of Indonesia. Abstrak Informasi tentang Hak Kekayaan Intelektual (HKI) di Indonesia yang terkait dengan produk kesehatan masih sangat kurang. Tulisan ini bertujuan memaparkan situasi penelitian inovatif dan produk hasil penelitian kesehatan terkait HKI (paten dan hak cipta) dalam 5 tahun terakhir (2009-2013). Studi ini merupakan penelitian kualitatif eksplorasi potong lintang disertai identifi kasi data dan informasi pada dokumen HKI bidang kesehatan secara retrospektif dari tahun 2009 sd 2013. Wawancara mendalam dilakukan terhadap pengelola HKI di 5 (lima) lembaga litbang kementerian, Lembaga Ilmiah Pengetahuan Indonesia, Badan Pengkajian dan Penerapan Teknologi dan 7 (tujuh) universitas di pulau Jawa. Hasil penelitian menunjukkan bahwa dasar kebijakan HKI Indonesia telah kuat karena sudah dituangkan kedalam Undangundang, hampir semua institusi yang disurvei menjadikan HKI sebagai indikator utama, hanya penelitian yang berorientasi HKI kesehatan masih kurang diprioritaskan. Pada umumnya hasil penelitian yang dipatenkan tidak direncanakan sejakawal. Belum semua institusi memiliki unit pengelola HKI secara terstruktur dan unit inkubasi untuk pengembangan dan scaling up hasil penelitian agar dimanfaatkan masyarakat luas sehingga produk paten kesehatan berpotensi menjadi yang tidak bisa dikomersialisasikan. Hal ini menunjukkan bahwa terdapat gap antara kebijakan dan implementasinya dalam hal penelitian inovasi. Pemerintah perlu secara aktif membantu mempromosikan dan memanfaatkan hasil produk kesehatan yang telah memperoleh HKI.

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