OVERVIEW

WIPO/IPLT/DUB/04/7.B

ORIGINAL: EnglishDATE: April 2004

JMAN UNIVERSITYOF SCIENCE AND

TECHNOLOGY

ASSOCIATION OF ARABUNIVERSITIES

THE ASSOCIATION OF ARABPRIVATE INSTITUTIONS FOR

HIGHER EDUCATION

WORLD INTELLECTUALPROPERTY ORGANIZATION

UNDER THE PATRONAGE OFHIS HIGHNESS SHEIKH HUMAID BIN RASHID AL-NUAIMI

WIPO ARAB REGIONAL CONFERENCEON THE TEACHING OF INTELLECTUAL PROPERTY LAW

organized bythe World Intellectual Property Organization (WIPO)

in cooperation withAjman University of Science and Technology (AUST),

the Association of Arab Universitiesand

the Association of Arab Private Institutions for Higher Education

Ajman, May 2 to 4, 2004

COMMERCIAL EXPLOITATION OF INTELLECTUAL PROPERTY ASSETSOF UNIVERSITIES AND RESEARCH INSTITUTIONS THROUGH

LICENSING AND TECHNOLOGY TRANSFER

Lecture prepared by Dr. F. Willem Grosheide, Professor of Law,Utrecht University, Netherlands

Dubai Conference May 2004

Molengraaff Institute Center for Intellectual Property Law

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OVERVIEW

• University mission

• Academic freedom

• IPR Policy

• Case study

• Annex: Berlin Contract



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MISSION 1

• Do universities have a mission in this respect?

- Primary mission universities: academic teaching (dissemination of knowledge) and research (creating of knowledge) prepairing able professionals and creating knowledge (academic freedom).

- Secondary mission universities: creating technology and transferring it for social benefit (academic social responsibility).



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MISSION 2

• DO UNIVERSITIES HAVE A MISSION IN THIS RESPECT?

- Interaction with private industry: if not an academic mission, it is a need for funding of academic research.

- In light of succesful technology transfer and with an eye towards the potential income commercial exploitation of ipr’s has become a status symbol.



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ACADEMIC FREEDOM 1

• How to guarantee academic freedom towards private industry in case of sponsored research?

• What about cooperation with private industry in which academic employees have equity or are consultants?



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ACADEMIC FREEDOM 2

• How to harmonize different research objectives and cultures?

- Universities: research is curiosity driven and priorities are set by the academic researcher and discoveries or inventions are offen serendipitous with an eye towards publications.

- industry: research is driven by increasing shareholder value and priorities are set by management and discoveries and inventions are controlled and confidential with an eye on company growth.



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ACADEMIC FREEDOM 3

• University concern: why partner with industry?

- university-industry collaborative papers are more offen cited than single university publications

• Industry concern: why partner with academics?

- university laboratories are a rich source of new technology.



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IPR POLICY 1

• Any university involved in or contemplating commercial exploitation of intellectual property assets should establish an ipr policy encompassing

- definition of ownership

- inclusion of rights and obligations of employees

- introduction of revenue sharing

- actionplan for staff involvement



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IPR POLICY 2

• Universities have several reasons for engaging in licensing out

- facilitating the commercialisation of publicly funded research for the public good

- reward, retain and recruit staff

- generate income and promote economic growth



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CASE STUDY

UTRECHT UNIVERSITY

&

AKZO NOBEL



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OVERVIEW

Documents

academic mission

funding of academic

academic employees

knowledge academic freedom

academic researcher

research institutions

university concern

private industry