Dr. Mindaugas Kiškis Mykolas Romeris university UNIVERSITY AND FACULTY INTELLECTUAL PROPERTY: CURRENT REGULATION AND REFORM PROPOSALS IN LITHUANIA Dr. Mindaugas Kiškis Mykolas Romeris university

PURPOSES FOR IPR General: Social and technological progress Specific: Commercialization of IPR created by universities and researchers Commercialization always beneficial: jobs, export, growth

CURRENT REGULATION No explicit regulation General rules of copyright, patent and design law + minimal specific provisions in the university regulations

IP OWNERSHIP Scientists, researchers are guaranteed with moral rights Default: economic rights are auto-assigned to the university Economic copyright is auto-assigned to the employer (university) for 5 years (except software) Economic patent rights are auto-assigned to the employer (university) in case the invention is made at or through university Contracts may stipulate otherwise

IP OWNERSHIP AND INCENTIVES FOR INNOVATION Incentives: getting rich, getting famous IP is created by faculty, and not by university  incentives are needed for the faculty Ownership of economic rights = Incentive

UNIVERSITY IP OWNERSHIP Rationale: creation & development of IP benefited from public resources Problems: Not all university IP benefits from public resources (multitude of different rules is impractical) Faculty is discouraged to innovate In LT: universities do not have infrastructure for tech-transfer & commercialization Universities are rarely able to invest into the development of IP

NEW LAW ON SCIENCE AND STUDIES (NLSS) Default IP ownership by universities Faculty shall report all IP to university The faculty may receive up to1/3 of income from IP = No significant change compared to previous rules + limited contractual freedom

NLSS PROBLEMS No incentives: No way to ensure disclosure Why accept 1/3 when one may get 1/1? Is 1/3 enough (e.g. for spinn-off)? No way to ensure disclosure No TTI & no incentives = no efficient commercialization

REFORM PROPOSALS Default IP ownership to the faculty Mandatory tech-transfer infrastructure (TTI) All IP shall be disclosed/assigned/reported through TTI University may get a mandatory share of proceeds from IP (limited to 10% in case of spinn-off)

REFORM ADVANTAGES Economic incentive to the faculty Forced development of TTI for the universities Forced disclosure by the faculty Freedom in sharing the income

THANK YOU! mindaugas.kiskis@lawin.lt