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

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
Date of revision:
Handle: RePEc:uto:labeco:201015
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  1. 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.
  2. 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.
  3. Dirk Czarnitzki & Katrin Hussinger & Cédric Schneider, 2011. "Commercializing academic research: the quality of faculty patenting," Industrial and Corporate Change, Oxford University Press, vol. 20(5), pages 1403-1437, October.
  4. 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.
  5. Francesco Lissoni & Patrick Llerena & Maureen McKelvey & Bulat Sanditov, 2007. "Academic Patenting in Europe: New Evidence from the KEINS Database," KITeS Working Papers 202, KITeS, Centre for Knowledge, Internationalization and Technology Studies, Universita' Bocconi, Milano, Italy, revised Jun 2007.
  6. Joaqu�n M Azagra-Caro, 2011. "Do public research organisations own most patents invented by their staff?," Science and Public Policy, Oxford University Press, vol. 38(3), pages 237-250, April.
  7. 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.
  8. 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.
  9. Gustavo Crespi & Aldo Geuna & Bart Verspagen, 2007. "University IPRs and Knowledge Transfer. Is the IPR ownership model more efficient?," SPRU Working Paper Series 154, SPRU - Science and Technology Policy Research, University of Sussex.
  10. 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.
  11. 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.
  12. Stefano Breschi & Fabio Montobbio & Francesco Lissoni & Antonio Della Malva, 2007. "L'attività brevettuale dei docenti universitari: l'Italia in un confronto internazionale," ECONOMIA E POLITICA INDUSTRIALE, FrancoAngeli Editore, vol. 2007(2), pages 43-70.
  13. Baldini, Nicola & Grimaldi, Rosa & Sobrero, Maurizio, 2006. "Institutional changes and the commercialization of academic knowledge: A study of Italian universities' patenting activities between 1965 and 2002," Research Policy, Elsevier, vol. 35(4), pages 518-532, May.
  14. 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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