Commercialization of Intellectual Property by Universities and Research Institutes: the U.S. Experience and Possibilities for Its Use within Ukraine

1Tsybulov, PM
2Korsun, VF
1Kyiv Institute of Intellectual Property and Law of the National University Odessa Law Academy
2Ukrainian Research and Technology Center, Kyiv
Sci. innov. 2014, 10(3):45-54
Section: The World of Innovations
Language: English

The model of intellectual property commercialization in the U.S. universities is discussed. To a large extent, the success of this model is based on three fundamental conditions proceeding from the Bayh-Dole and the Stevenson-Wydler laws: a) the universities and federal laboratories are granted with ownership rights to intellectual property developed at the expense of federal funds, b) the universities and federal laboratories are charged with responsibility and obligation to commercialize these rights, and c) the royalties and licensing fees are shared between the university or laboratory and the inventors. The authors propose to enshrine in the law the developer’s responsibility for the transfer of intellectual property created at the expense of public money to the industry.

Keywords: commercialization of an intellectual property, intellectual property, US experience

1. Technical Change and Economic Theory, (1988). Pinter.
2. Research and Innovation in Ukraine. Statistical Book. (2009). Kyiv: State Statistics Committee of Ukraine (in Ukrainian).
3. The State Department for Intellectual Property: Annual Report for 2012. (2013). Kyiv: State Department for Intellectual Property (in Ukrainian).
4. Ukrainian Institute for Research, Engineering, and Economic Information. Sale of Innovative Products in 2011; (in Ukrainian).
5. Research and Technology and the World Practice. (2010). Moscow: MGIMO (in Russian).
7. Sabim ipr: technology commercialization 2013.
8. Bayh-Dole Act of 1980; Public Law 96–517.
9. Stevenson-Wydler Technology Innovation Act of 1980; Public Law 96–480.
10. Small Business Innovation Development Act of 1982; Public Law 97–219.
11. University and Small Business Patent Procedure Act of 1980.
12. Trademark Clarification Act of 1984; Public Law 98–620.
13. National Cooperative Research Act of 1984; Public Law 98–462.
14. Federal Technology Transfer Act of 1986; Public Law 99–502.
15. Omnibus Trade and Competitiveness Act of 1988; Public Law 100–418.
16. National Institute of Standards and Technology Authorization Act for FY 1989; Public Law 101–189.