Commercialization of Intellectual Property by Universities and Scientific Institutes: U.S. Experience and Possibility for its Use within Ukraine

Authors

  • P.N. Tsybulev Institute of Intellectual Property of National University "Odessa Law Academy", Kyiv
  • V.F. Korsun Ukrainian Science and Technology Centre, Kyiv

DOI:

https://doi.org/10.15407/scin10.03.047

Keywords:

intellectual property, commercialization of an intellectual property, US experience.

Abstract

The model of intellectual property commercialization in the U.S. universities is reviewed. The success of this model to a large extent is provided by three fundamental conditions, which follow from the Bayh-Dole and Stevenson-Wilder laws: a) universities and federal laboratories are granted ownership rights to intellectual property developed with federal funds, b) universities and federal laboratories are given the responsibility and obligation to commercialize these rights, and c) to share the royalties and licensing fees between the university or laboratory and the inventors. The authors propose to enshrine by the law the obligation for the developer to transfer intellectual property created with public money to industry.

References

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The State Department for Intellectual Property: Annual Report for 2012. (2013). Kyiv: State Department for Intellectual Property (in Ukrainian).

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Bayh-Dole Act of 1980; Public Law 96-517.

Stevenson-Wydler Technology Innovation Act of 1980; Public Law 96-480.

Small Business Innovation Development Act of 1982; Public Law 97-219.

University and Small Business Patent Procedure Act of 1980.

Trademark Clarification Act of 1984; Public Law 98-620.

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National Institute of Standards and Technology Authorization Act for FY 1989; Public Law 101-189.

Published

2024-06-12

Issue

Section

The World of Innovations