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The Legal Implications of Public Support Policies Targeting Research, Development and Innovation in the European Union

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  • Dutt Pawan Kumar
  • Nyman-Metcalf Katrin

    (TalTech Law School, Tallinn University of Technology, Ehitajate tee 5 Tallinn 19086, Estonia)

Abstract

The research problem of this article focuses on how the public support system in Estonia can help small and medium-sized enterprises (SMEs) to acquire and commercialise their intellectual property rights (IPR) in a sustainable and legally permissible manner. The study aims to analyse and determine which specific public support measures are needed by SMEs for acquiring and commercialising IPR and how to design such public support within the legal boundaries set under European Union (EU) laws. The theoretical framework used in this study is built around the social system as defined by Parsons. The 4S Model (based on scope, scale, skill and social networking) derived by researchers from the said social system is considered. Further, 19 key attributes were devised by the authors in conjunction with the role of motivation to form a revised framework. The analysis employs qualitative research methods. To apply the framework of social systems theory, the authors used semi-structured interviews as a method to study the public support measures required by Estonian stakeholders. This was also analysed in the framework of EU State aid law, which poses both restrictions and exemptions. This research presents several desired support measures. Although the public support systems for acquiring and commercialising IPR by SMEs are restrained by legal frameworks within the EU, the analysis of the relevant laws and cases shows that State aid for RDI purposes is legally permissible within the EU, depending on the state’s willingness and availability of funds.

Suggested Citation

  • Dutt Pawan Kumar & Nyman-Metcalf Katrin, 2021. "The Legal Implications of Public Support Policies Targeting Research, Development and Innovation in the European Union," TalTech Journal of European Studies, Sciendo, vol. 11(2), pages 102-129, September.
    • Handle: RePEc:vrs:bjeust:v:11:y:2021:i:2:p:102-129:n:6
    DOI: 10.2478/bjes-2021-0017
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    References listed on IDEAS

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    1. de Rassenfosse, Gaetan & van Pottelsberghe de la Potterie, Bruno, 2009. "A policy insight into the R&D-patent relationship," Research Policy, Elsevier, vol. 38(5), pages 779-792, June.
    2. Marcos Sanso-Navarro & María Vera-Cabello, 2018. "The long-run relationship between R&D and regional knowledge: the case of France, Germany, Italy and Spain," Regional Studies, Taylor & Francis Journals, vol. 52(5), pages 619-631, May.
    3. Philippe Aghion & Jean Tirole, 1994. "The Management of Innovation," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 109(4), pages 1185-1209.
    4. Nikulainen, Tuomo, 2008. "A Historical Perspective on Patents and Industry Growth in Finland - Connections and Lags," Discussion Papers 1159, The Research Institute of the Finnish Economy.
    5. Janita Andrijevskaja & Tonis Mets & Urmas Varblane, 2010. "Knowledge-based entreprenuership in Estonia," CASE Network Studies and Analyses 407, CASE-Center for Social and Economic Research.
    6. Basberg, Bjorn L., 1987. "Patents and the measurement of technological change: A survey of the literature," Research Policy, Elsevier, vol. 16(2-4), pages 131-141, August.
    7. Moritz Zöllner & Michael Fritsch & Michael Wyrwich, 2016. "An Evaluation of German Active Labor Market Policies and its Entrepreneurship Promotion," Jena Economics Research Papers 2016-022, Friedrich-Schiller-University Jena.
    8. Blind, Knut & Edler, Jakob & Frietsch, Rainer & Schmoch, Ulrich, 2006. "Motives to patent: Empirical evidence from Germany," Research Policy, Elsevier, vol. 35(5), pages 655-672, June.
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