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Effects on academia-industry collaboration of extending university property rights

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  • Finn Valentin

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  • Rasmus Jensen
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    Abstract

    Several recent studies show European university scientists contributing far more frequently to company-owned patented inventions than they do to patents owned by universities or by the academic scientists themselves. Recognising the significance of this channel for direct commercialisation of European academic research makes it important to understand its response to current Bayh-Dole inspired reforms of university patenting rights. This paper studies the contribution from university scientists to inventions patented by dedicated biotech firms (DBFs) specialised in drug discovery in Denmark and Sweden, which in this respect share a number of structural and historic characteristics. It examines effects of the Danish Law on University Patenting (LUP) effective January 2000, which transferred to the employer university rights to patents on inventions made by Danish university scientists alone or as participants in collaborative research with industry. Sweden so far has left property rights with academic scientists, as they also were in Denmark prior to the reform. Consequently, comparison of Danish and Swedish research collaboration before and after LUP offers a quasi-controlled experiment, bringing out effects on joint research of university IPR reform. In original data on all 3,640 inventor contributions behind the 1,087 patents filed by Danish and Swedish DBFs 1990–2004, Difference-in-Difference regressions uncover notable LUP-induced effects in the form of significant reductions in contributions from Danish domestic academic inventors, combined with a simultaneous substitutive increase of non-Danish academic inventors. A moderate increase in academic inventions channelled into university owned-patents does appear after LUP. But the larger part of the inventive potential of academia, previously mobilised into company-owned patents, seems to have been rendered inactive as a result of the reform. As a likely explanation of these effects the paper suggests that exploratory research, the typical target of joint university-DBF projects in drug discovery, fits poorly into LUP’s requirement for ex ante allocation of IPR. The Pre-LUP convention of IPR allocated to the industrial partner in return for research funding and publication rights to the academic partner may have offered more effective contracting for this type of research. There are indications that LUP, outside the exploratory agenda of drug discovery, offers a more productive framework for inventions requiring less complicated and uncertain post-discovery R&D. Copyright Springer Science+Business Media, LLC 2007

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    Bibliographic Info

    Article provided by Springer in its journal The Journal of Technology Transfer.

    Volume (Year): 32 (2007)
    Issue (Month): 3 (June)
    Pages: 251-276

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    Handle: RePEc:kap:jtecht:v:32:y:2007:i:3:p:251-276

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    Web page: http://www.springerlink.com/link.asp?id=104998

    Related research

    Keywords: University technology commercialization; Research collaboration; Biotechnology; I23; L65; O31; O34; O38;

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    References

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    2. D'Este, P. & Patel, P., 2007. "University-industry linkages in the UK: What are the factors underlying the variety of interactions with industry?," Research Policy, Elsevier, vol. 36(9), pages 1295-1313, November.
    3. Julia Porter Liebeskind & Amalya Lumerman Oliver & Lynne G. Zucker & Marilynn B. Brewer, 1995. "Social Networks, Learning, and Flexibility: Sourcing Scientific Knowledge in New Biotechnology Firms," NBER Working Papers 5320, National Bureau of Economic Research, Inc.
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    5. Jason Owen-Smith & Massimo Riccaboni & Fabio Pammolli & Walter W. Powell, 2002. "A Comparison of U.S. and European University-Industry Relations in the Life Sciences," Management Science, INFORMS, vol. 48(1), pages 24-43, January.
    6. Simcha Jong, 2006. "How organizational structures in science shape spin-off firms: the biochemistry departments of Berkeley, Stanford, and UCSF and the birth of the biotech industry," Industrial and Corporate Change, Oxford University Press, vol. 15(2), pages 251-283, April.
    7. S. Breschi & F. Lissoni & F. Montobbio, 2007. "The Scientific Productivity Of Academic Inventors: New Evidence From Italian Data," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 16(2), pages 101-118.
    8. Bruno Van Pottelsberghe & Sabrina Saragossi, 2003. "What patent data reveals about universities: the case of Belgium," ULB Institutional Repository 2013/6211, ULB -- Universite Libre de Bruxelles.
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    Cited by:
    1. Gustavo Crespi & Pablo D'Este & Roberto Fontana & Aldo Geuna, 2008. "The Impact of Academic Patenting on University Research and its Transfer," SPRU Working Paper Series 178, SPRU - Science and Technology Policy Research, University of Sussex.
    2. Emanuele Bacchiocchi & Fabio Montobbio, 2006. "Knowledge diffusion from university and public research. A comparison between US, Japan and Europe using patent citations," KITeS Working Papers 193, KITeS, Centre for Knowledge, Internationalization and Technology Studies, Universita' Bocconi, Milano, Italy, revised Dec 2006.
    3. Astebro , Thomas B. & Braunerhjelm, Pontus & Broström , Anders, 2012. "Does Academic Entrepreneurship Pay?," Les Cahiers de Recherche 970, HEC Paris.
    4. Antje Klitkou, 2012. "ERAWATCH Countryn reports 2011: Denmark," JRC-IPTS Working Papers JRC77810, Institute for Prospective and Technological Studies, Joint Research Centre.
    5. Alberto Marzucchi & Davide Antonioli & Sandro Montresor, 2012. "Research cooperation within and across regional boundaries. Does innovation policy add anything?," JRC-IPTS Working Papers on Corporate R&D and Innovation 2012-04, Institute of Prospective Technological Studies, Joint Research Centre.
    6. Kenney, Martin & Patton, Donald, 2011. "Does inventor ownership encourage university research-derived entrepreneurship? A six university comparison," Research Policy, Elsevier, vol. 40(8), pages 1100-1112, October.
    7. Bruneel, Johan & D'Este, Pablo & Salter, Ammon, 2010. "Investigating the factors that diminish the barriers to university-industry collaboration," Research Policy, Elsevier, vol. 39(7), pages 858-868, September.
    8. Jacobsson, Staffan & Lindholm-Dahlstrand, Åsa & Elg, Lennart, 2013. "Is the commercialization of European academic R&D weak?—A critical assessment of a dominant belief and associated policy responses," Research Policy, Elsevier, vol. 42(4), pages 874-885.
    9. Thursby, Jerry & Fuller, Anne W. & Thursby, Marie, 2009. "US faculty patenting: Inside and outside the university," Research Policy, Elsevier, vol. 38(1), pages 14-25, February.
    10. Kenney, Martin & Patton, Donald, 2009. "Reconsidering the Bayh-Dole Act and the Current University Invention Ownership Model," Research Policy, Elsevier, vol. 38(9), pages 1407-1422, November.
    11. Sidonia von Ledebur, 2009. "University-owned Patents in West and East Germany and the Abolition of the Professors' Privilege," Working Papers on Innovation and Space 2009-02, Philipps University Marburg, Department of Geography.

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