Week 13 Flashcards
Patents as a subject of technology transfer from universities to January 7 to 11 private sector. Commercialisation of patents at universities. IP policies and patents.
What it is Technology transfer ?
in the most simple way this is the process of bringing intellectual property to the market more precisely I may say that this is the process of transferring scientific findings from one organization to another for the purpose of further development and commercialization.
1
- identifying new technologies
- protecting technologists through patents and copyright
- Forming development and commercialization strategies (marketing and licensing) or creating a startup company
Reegulations definition:
Technology transfer is defined there as intellectual property rights assignment or licensing agreement related to say and purchase of the product provided that passing on the intellectual property rights didn’t constitute the primary object of the agreement.
1
- Knowledge should be systematic
- knowledge must exist in certain places (documents_
- must be able to be presented (transfered from one person to another)
- must have purpose orientation (utilized for useful purposes in industry)
Where should be found correct provisions based on technology transfer?
Should be looked into national legislations
Article 7 TRIPS:
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conductive to social and economic welfare, and to a balance of rights and obligations
Activities
- Providing solutions to technical problems
- Identifying alternative technologies
- Evaluating specific technologies offered for acquisition
- Identifying rights in the public domain
- Identifying the patentability potential of R&D activities at early stages of development
- Avoiding the risk of R&D duplication
- Solving potential disputes involving patents
- Providing assistance during the development and marketing of new products
- Monitoring trends in R&D activities
- Monitoring the success of funded R&D activities
1
- Awareness building
- IP Identification
- Evaluation
- Protection
- Transfer
- Monitoring/Enforcement
Services provided by technology transfer centers:
- Processing and safeguarding patent and copyright agreements
- Determining patentability (including receiving patent disclosures, undertaking patent searches as well filing patent applications) nationally and internationally
- Evaluating and identifying the commercial potential of an invention
- Obtaining appropriate patent protection
- Locating suitable commercial development partners and marketing the technology
Bayh-Dole act as model regulation
- Ownership shift - High Education Institutions (HEIs)are entitled to innovations developed under federally-funded research programmes
- Scope: non-profits - including universities, and small business, the notion of “subject invention”
- Duties of universities: to collaborate with industry; to file patents; to give license preference to small businesses
- The government rights: a non-exclusive license to practice the patent; march-in very specific circumstances.
Soft Law regulation:
- Key recommendations to Member States for establishing or adapting intellectual property/KY policies
- Code of Practice for universities and PROs with operational principles for setting up institutional policies and KT system
- List of best practice examples for member states to support implementation of the recommendations.