Chiaruttini, Maria Ottavia (2015) La gestione della proprietà intelletuale nelle università australiane = Intellectual Property Management in Australian Universities. Trento : Università degli studi di Trento. ISBN 978-88-8443-626-9

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Abstract

Despite the majority of academic research results are available regarding conferences, seminars and publications in order to promote the community’s economic and cultural growth, it is not possible to ignore the phenomenon of research commercialisation. Traditionally universities have always had two principle missions: teaching and research. Lately, a third mission has begun to evolve, involving universities and the transfer of knowledge from the academic reality to the industrial and entrepreneurial one. Theoretically the aim is to shorten the distance between basic research and applied research. Yet, in practice, the result is often to the contrary because of public funding cuts. Universities are, therefore, encouraged to profit from research commercialisation instead of considering the innovative potential of research results. The focus of this thesis is on the management of intellectual property rights in connection with this new universities’ third mission. The topic has been developed investigating the Australian university system. The first chapter is about the history of the commercialisation of research results. In particular, after a brief examination of the three universities’ missions and the surfacing of a new academic model with strong entrepreneurial features, are discussed the origins of the third stream activities in Australia. This phenomenon has been analysed and taken from the US university system. The second chapter is about the relationship between intellectual property and knowledge transfer. The first paragraph identifies the intellectual property rights involved in knowledge transfer processes; then the analysis shifts to the ownership of these rights; finally the most common tools used to make the most out of research results have been identified. The first part of the third chapter contains a review of the Australian landmark cases regarding the ownership of intellectual property rights on materials and inventions made by university employees. Effectively this is the most critical issue in the Australian system. In the second part are sited some practical cases which demonstrate the importance of the commercialisation of research made by Australian universities and research centres. To conclude, I have discussed how a legislator could outline the borders of Australian universities’ statutory regulation without limiting the universities’ independence and, at the same time, giving them the necessary conditions to strengthen their contractual power on the ownership of intellectual property rights on inventions and materials protected by copyright. Without a clear legislative act, the allocation of intellectual property rights inside Australian universities today is left to university policies while the most powerful tools to regulate technology transfer processes are stipulated in contracts.

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