intellectual property and technological development: the challenges of establishing university...

29
Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23, 2007

Upload: hailee-pettet

Post on 01-Apr-2015

216 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Intellectual Property and Technological Development: The

Challenges of Establishing University Industry Links

Beatriz BorherWIPORio de Janeiro, May 23, 2007

Page 2: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Why University-industry links are important for innovation?

• Knowledge – a determinant factor for Competitiveness

Page 3: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Fonte: Science and Engineering Indicators 2006

Growth (%) of the World’s Sales - Industrial Sector (1995-2003)

0

2

4

6

8

10

12

14

High TechnologyGoods

All ManufacturingSectors

High TechnologyServices

1995-2000

2000-03

Page 4: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

High-technology share of total manufacturing,by country/region: 1990–2003

Source: National Science board, Science and Engineering Indicators, 2006

Page 5: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

The Share of the High Technology Sector in the Total of the Industrial Production – 1980, 1990,

2001

Source: National Science Board, Science and Engineering Indicators, 2004

Page 6: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

R&D Investiment

Page 7: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,
Page 8: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

R&D expenditures of selected region and countries: 1990–2003

Source: National Science board, Science and Engineering Indicators, 2006

Page 9: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Academic R&D as share of total R&D,by country/economy: Most recent year

Source: National Science board, Science and Engineering Indicators, 2006

Page 10: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Science and Technology shortening distances

• New Technologies: i.e., Information Technology, Biotechnology

• A Window of Opportunity - Developing Countries

• The role of universities and research centers

Page 11: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

• Patenting by Academic institutions

increased markedly between 1988 and 2003, quadrupling from about 800 to more than 3,200 patents.

• The growth of filling concentrates in life science and biotechnology.

(National Science Foundation - Science and Engineering Indicators, 2006)

Page 12: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Citations of S&E material in U.S. patents:1987–2004

0

0.5

1

1.5

2

2.5

1987 1989 1991 1993 1995 1997 1999 2001 2003

Source: National Science Indicator, NSF, 2006

Citations (average per patent)

Page 13: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,
Page 14: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Academic patenting and licensing activities: Selected years, 1991–2003

NA = not available

NOTES: Number of institutions reporting given in parentheses. See appendix table 5-55.

SOURCE: Association of University Technology Managers, AUTM Licensing Survey (various years). See appendix table 5-69.

Science and Engineering Indicators 2006

1991 1993 1995 1997 1999 2001 2003

Gross royalties 130.0 242.3 299.1 482.8 675.5 868.3 1,033.6

Invention disclosuresreceived

4,880 6,598 7,427 9,051 10,052 11,259 13,718

New U.S. patentapplications filed

1,335 1,993 2,373 3,644 4,871 5,784 7,203

U.S. patents granted NA 1,307 1,550 2,239 3,079 3,179 3,450

Startup companiesformed

NA NA 169 258 275 402 348

Millions of Dollars

Page 15: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

PCT Ranking 2006

• Philips Eletronics (HL) 2.495• Matsushita (JP) 2.344• Siemens (AL) 1.480• Nokia (FI) 1.036• Bosch (AL) 962• 3M (US) 727• BASF (AL) 714• Toyota (JP) 704• Intel (US) 690• Motorola (US) 637

Page 16: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Developing CountriesPCT Filling, 2006

• Korea 5.935• China 3.910• India 627• Singapure 402• South Africa 349• Brazil 265• Mexico 150

Page 17: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

The first 500 in PCTEmerging Economies

China (2)

13° – Huawei Technologies CO

92° – Zie Corporation

India (2)

104° - Ronbaxy Lab

155° - Council for Scientific and Industrial Research (CSIR)

Singapure (2)

99° - National University of Singapure

432° - Agency for Science Technology and Research

Page 18: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Why University-Industry are particularly important for Developing Countries?

• High concentration of R&D investments on the public sector

• New Technologies – Higher Chances for catching-up

• The need to take advantage of the present assets while working for a change (more investment from the private sector)

Page 19: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Patent Filing in Brazil 1999 - 2003

Source: Pedidos de Patente BR publicados, BANCO DE DADOS EPOQUE, INPI.

In 1990, 8% of the patents were filed by universities and research centers. In 2003, this share grew to 26%.

In 1990, 8% of the patents were filed by universities and research centers. In 2003, this share grew to 26%.

Page 20: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Many challenges to facilitate university industry links

Focus on TTOs• International Trend – growing numbers of TTOs

in the US, Europe – different models

• Public Policies for the establishment of TTOs – Bayh Dole, Innovation Law in Brazil

• The Challenge of structuring TTOs: competencies of managers, accommodating the different cultures (the production of knowledge X the marketing of knowledge)

Page 21: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Ownership of academic intellectual

property in OECD countries: 2003

Debate during 2001 over awarding ownership to universities

Consideration of legislation in 2003 to restrict faculty’s right to retain ownership of publicly funded research.

Legislation passed in 2001 to give ownership rights to researchers. Legislation introduced in 2002 to grant ownership to universities and create technology transfer offices

Private technology transfer offices authorized in 1998

Legislation passed in 2003 to allow universities to retain ownership of publicly funded research

Universities, rather than government, given rights to faculty inventions in 1985

Recent debate and consideration of legislation to allow universities to retain ownership of publicly funded research

Country University Faculty Government

Australia x na na

Austria x na na

Belgium x na na

Canadaa x x na

Denmark x na na

Finland na x na

France x na na

Germany x na na

Iceland na x na

Ireland x na na

Italy na x na

Japanb na x na

Mexico x na na

Netherlands x na na

Norway na x na

Poland x na na

South Korea x na na

Sweden na x na

United Kingdom x o na

United Statesc x o ox = legal basis or most common practice; na = not applicable; o = allowed by law/rule but less commonOECD = Organization for Economic Co-operation and Developmentownership of intellectual property funded by institutional funds varies, but publicly funded intellectual property belongs to institution performing research.president of national university or interuniversity institution determines right to ownership of invention by faculty member, based on discussions byinvention committee.universities have first right to elect title to inventions resulting from federally funded research. Federal government may claim title if university does not. Incertain cases, inventor may retain rights with agreement of university/federal partner and government.SOURCES: OECD, Questionnaire on the Patenting and Licensing Activities of PROs (2002); and D.C. Mowery and B.N. Sampat, International emulation ofBayh-Dole: Rash or rational? Paper presented at American Association for the Advancement of Science symposium on International Trends in the Transferof Academic Research (February 2002).Science and Engineering Indicators 2006

Page 22: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Technology Transfer Offices

To promote the use of the IP system, facilitating the interaction of the academic community with the private sector

to encourage the submission of invention disclosures

to evaluate the chances of protection

to decide on the value of technology

to facilitate the marketing of technology through licensing and through the establishment of start-ups

Page 23: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Assessing the impact of Organizational Practices on the Relative Productivity of University Technology Transfer Offices

(Siegel, D., Waldman, D., Link, Albert)

Research Policy, 32 (2003)

Page 24: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Stakeholder Actions Primary Motive (s)

- Secondary motive (s)

Organizational Culture

University - Scientist

Discovery of new knowledge

Recognition within the scientific community

Financial gain and a desire to secure additional research funding

Scientific

TTO Works with faculty and firms/entrepreneurs to structure deal

Protect the university’ s intellectual property

Facilitate technological diffusion and secure additional research funding

Bureaucratic

Firm -entrepreneur

Commercializes new technology

Financial gain Maintain control of proprietary technologies

Entrepreneurial   

Characteristics of UITT Stakeholders

Page 25: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Barriers to university-industry links

• Common vision (TTO+ Firms + University)– Lack of understanding regarding university, corporate,

or scientific norms and environments– Insufficient resources devoted to technology transfer

by universities. • Firm’ s vision

– University too aggressive in exercising IPRs– Bureaucracy and inflexibility of university

administrators– Poor marketing/technical/negotiation skills of TTOs– Public domain mentality of universities

Page 26: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Barriers to university-industry links

• TTO’ s vision– Insufficient rewards for university researchers– Faculty members/administrators have

unrealistic expectations regarding the value of their technologies

• University’ s vision– Insufficient rewards for university researchers– Bureaucracy and inflexibility of university

administrators

Page 27: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Conclusion:

– the most critical factors are:

• faculty reward systems (Patents X Paper) , • TTO staffing-compensation practices (payment by

productivity - Avoiding turn-over) • cultural barriers between universities and firms• The capabilities of TTO staff team (Scientist + Lawyer

or Scientist+businessmen-entrepreneurs? >> second option - more efficient in marketing technology

Page 28: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

WIPO’s programs to support TTOs

• Successful Technology Licensing (STL) – Different focuses and format tailored to countries’ and

Region’ s needs and interests (Brazil, Jamaica, Singapore)

• Patent Drafting– Program focused on the training of Scientists-entrepreneurs

• IP Valuation– At the moment, as part of the STL. A program dedicated to

the topic is being created

• IP Network Program– to optimize assets and facilitate assistance

Page 29: Intellectual Property and Technological Development: The Challenges of Establishing University Industry Links Beatriz Borher WIPO Rio de Janeiro, May 23,

Obrigada!

Thank you!

[email protected]