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

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.

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