Legal Status of Public Universities and Research Organizations in the Context of Technology Transfer

The article analyzes the legal status of universities and research organizations in the context of their technology transfer activities. The author defines the legal content of the technology transfer concept and analyses regulatory provisions governing the disposal of intellectual property rights. The importance of an “exclusive right” both for the theory of law and for the practice of intellectual property protection is emphasized. It is argued that examination of only the general provisions of the law, which grants exclusive rights, is not sufficient to reveal legal problems of technology transfer in the sphere of science and education. In the analysis of legal identity of universities and research organizations as economic entities the two types of legal provisions are considered. The first group of norms regulate activity of publicly funded and autonomic institutions in Russia. The second group consists of specific norms devoted to the functioning of scientific organizations and universities. The key legal barriers to technology transfer between research sector and industry are identified. The major milestones in evolution of the legal and regulatory environment in the field are highlighted. The focal points of the national policy concerning distribution of intellectual property rights for publicly financed developments of universities and research organizations are described. The author reveals the main drawbacks of the current legislative framework that determine legal status of scientific and higher education organizations as economic entities are revealed. The author draws attention to the developments in intellectual property law, which can provide additional legal instruments to facilitate commercialization of scientific research output of universities and scientific organizations. The successful experience of foreign countries is used to justify introduction of these legal instruments in the Russian legislation framework.