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Changes to university IPR regulations in Europe and the impact on academic patenting

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Most European countries since the end of the 1990s have been moving away from inventor ownership of patent rights towards different systems of institutional ownership. This shift is based on the objectives of policymakers to make conditions similar to those in the US, where the 1980 Bayh–Dole Act allows universities to retain intellectual property rights (IPR) over inventions that come out of federally funded research. This article challenges the view that direct comparisons with US experience will enable us to predict the effects of the implementation of institutional IPR ownership systems in Europe. We provide an overview of the current state of regulation on academic patent ownership in selected European countries which shows that, despite the changes to institutional ownership that have been implemented, there is wide diversity in national systems and several important differences with the US framework. Our analysis of patterns of ownership of academic patents shows that there has not been a general increase in university patenting since 1990, and seeming increases may be due to more complex dynamics in academic patenting and academic patents ownership. The paper concludes with a discussion of how changes in IPR regulations and management of technology transfer by universities, and public policies supporting technology transfer are affecting academic patenting and research activities in universities

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Paper provided by University of Turin in its series Department of Economics and Statistics Cognetti de Martiis LEI & BRICK - Laboratory of Economics of Innovation "Franco Momigliano", Bureau of Research in Innovation, Complexity and Knowledge, Collegio Carlo Alberto. WP series with number 201015.

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Length: 47 pages
Date of creation: Nov 2010
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Handle: RePEc:uto:labeco:201015

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  1. Francesco Lissoni & Patrick Llerena & Maureen McKelvey & Bulat Sanditov, 2008. "Academic patenting in Europe: new evidence from the KEINS database," Research Evaluation, Oxford University Press, vol. 17(2), pages 87-102, June.
  2. Czarnitzki, Dirk & Hussinger, Katrin & Schneider, Cedric, 2008. "Commercializing Academic Research: The Qaulity of Faculty Patenting," Working Papers 05-2008, Copenhagen Business School, Department of Economics.
  3. Martin Meyer & Puay Tang, 2006. "Exploring the "Value" of Academic Patents: IP Management Practices in UK Universities and their Implications for Third-Stream Indicators," SPRU Working Paper Series 143, SPRU - Science and Technology Policy Research, University of Sussex.
  4. Joaquín Azagra-Caro & Nicolas Carayol & Patrick Llerena, 2006. "Patent Production at a European Research University: Exploratory Evidence at the Laboratory Level," The Journal of Technology Transfer, Springer, vol. 31(2), pages 257-268, 03.
  5. Sidonia von Proff & Guido Buenstorf & Martin Hummel, 2012. "University Patenting in Germany before and after 2002: What Role Did the Professors' Privilege Play?," Industry and Innovation, Taylor & Francis Journals, vol. 19(1), pages 23-44, January.
  6. Gustavo A. Crespi & Aldo Geuna & Bart Verspagen, 2007. "University IPRs and Knowledge Transfer. Is the IPR ownership model more efficient?," ICER Working Papers 02-2007, ICER - International Centre for Economic Research.
  7. Antonio Della Malva & Francesco Lissoni & Maria Patrick Llerena, 2010. "Institutional Change and Academic Patenting: French Universities and the Innovation Act of the 1999," KITeS Working Papers 029, KITeS, Centre for Knowledge, Internationalization and Technology Studies, Universita' Bocconi, Milano, Italy, revised Jan 2010.
  8. Francesco Lissoni & Peter Lotz & Jens Schovsbo & Adele Treccani, 2009. "Academic patenting and the professor's privilege: evidence on Denmark from the KEINS database," Science and Public Policy, Oxford University Press, vol. 36(8), pages 595-607, October.
  9. Geuna, Aldo & Nesta, Lionel J.J., 2006. "University patenting and its effects on academic research: The emerging European evidence," Research Policy, Elsevier, vol. 35(6), pages 790-807, July.
  10. Donald S. Siegel & Reinhilde Veugelers & Mike Wright, 2007. "Technology transfer offices and commercialization of university intellectual property: performance and policy implications," Oxford Review of Economic Policy, Oxford University Press, vol. 23(4), pages 640-660, Winter.
  11. Argyres, Nicholas S. & Liebeskind, Julia Porter, 1998. "Privatizing the intellectual commons: Universities and the commercialization of biotechnology," Journal of Economic Behavior & Organization, Elsevier, vol. 35(4), pages 427-454, May.
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Cited by:
  1. Pojo, Sabrina Da Rosa & Vidal, Valéria Schneider & Zen, Aurora Carneiro & Barros, Henrique M., 2013. "Management of Intellectual Property in Brazilian Universities: a Multiple Case Study," Insper Working Papers wpe_330, Insper Working Paper, Insper Instituto de Ensino e Pesquisa.
  2. Wipo, 2011. "World Intellectual Property Report 2011- The Changing Face of Innovation," WIPO Economics & Statistics Series, World Intellectual Property Organization - Economics and Statistics Division, number 2011:944, March.
  3. Sterzi, Valerio, 2013. "Patent quality and ownership: An analysis of UK faculty patenting," Research Policy, Elsevier, vol. 42(2), pages 564-576.
  4. Tischler, Joachim & Walter, Sascha, 2014. "Das Patentierverhalten akademischer Gründer nach Abschaffung des Hochschullehrerprivilegs," EconStor Preprints 96157, ZBW - German National Library of Economics.
  5. repec:wip:wpaper:4 is not listed on IDEAS
  6. Sterzi, Valerio, 2011. "Academic patent value and knowledge transfer in the UK. Does patent ownership matter?," MPRA Paper 34955, University Library of Munich, Germany.
  7. Friedrich Dornbusch & Thomas Brenner, 2013. "Universities as local knowledge hubs under different technology regimes – New evidence from academic patenting," Working Papers on Innovation and Space 2013-10, Philipps University Marburg, Department of Geography.
  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. Francesco LISSONI (GREThA, CNRS, UMR 5113) & Michele PEZZONI (KITeS, University of Bocconi) & Bianca POTI (CERIS-CNR) & Sandra ROMAGNOSI (Parco Scientifico Università \"Tor Vergata\"), 2012. "University autonomy, IP legislation and academic patenting: Italy, 1996-2007," Cahiers du GREThA 2012-26, Groupe de Recherche en Economie Théorique et Appliquée.
  10. Acosta, Manuel & Coronado, Daniel & Martínez, M. Ángeles, 2012. "Spatial differences in the quality of university patenting: Do regions matter?," Research Policy, Elsevier, vol. 41(4), pages 692-703.
  11. Bodas Freitas, Isabel Maria & Geuna, Aldo & Rossi, Federica, 2013. "Finding the right partners: Institutional and personal modes of governance of university–industry interactions," Research Policy, Elsevier, vol. 42(1), pages 50-62.
  12. Pluvia Zuniga, 2011. "The State of Patenting at Research Institutions in Developing Countries: Policy Approaches and Practices," WIPO Economic Research Working Papers 04, World Intellectual Property Organization - Economics and Statistics Division, revised Dec 2011.

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