WIPO, , 213 Breakout Panel session 6A: IP Infrastructure for Better Management of IP Assets: Public and Private Partnerships, Universities and Industry Collaboration, and International, Sub-regional and Regional Collaboration WIPO, MinR Klaus Uckel Federal Ministry of Education and Research EU-Research policy; EUREKA, 213

The EU is the world ’ s largest producer of scientific output... US (AUTM)EU (ProTon) Survey respondents (universities) No. of invention disclosures Priority patent applications No. of options and licenses No. of spin-offs USEU World share of scientific articles33%38%.. but has problems in exploiting it through e.g. patents, licenses and spin-offs Facts & Figures 2

 KT and international co-operation of increasing relevance for all stakeholders: universities/PROs, industry, SMEs and public authorities: EUREKA (e.g. South Korea); FP 7; EIT; ERA  SMEs and entrepren3eurs as well as industry benefit from improved access to latest research developments to speed up commercialisation and innovation  Professional IP management necessary to be reliable partner Cross border knowledge transfer 3

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German Research Structure 5

Research Funding in Germany 6

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AIMS OF THE HIGH-TECH STRATEGIE INDUSTRY / SCIENCEFRAMEWORK CONDITIONS  Set new priorities – oriented to global challenges: health, climate protection/ resources conservation/ energy, mobility, security  Considering all factors entering into successful innovation  Use strategic partnerships to mobilize industrial research  Rely on key technologies as a basis for innovation  Encourage the growth of outstanding research and innovation clusters: the “Top Cluster Competition”  Expand and streamline innovation support for small and medium-sized enterprises (SMEs): the Central Innovation Programme for SMEs (ZIM); the “KMU-innovative” programme for funding cutting-edge research by SMEs  Strengthen top-quality research and innovation in the new Länder  Provide more attractive terms for innovation financing  Improve conditions for start-ups  Make R&D investments more attractive by enhancing intellectual property protection  Make public procurement more innovative  Pursue initiative for a “Freedom of Science Act” (“Wissenschafts- freiheitsgesetz”) Build bridges between industry and science Improved framework for innovation industry Set new priorities and creating lead markets LEAD MARKETS High-tech Strategy – new innovation policy approach 9

German strategies to strengthen public / private cooperation and technology transfer  Change of German Employee Invention Act (ArbNEG) in 2002 (e.g. change of the professor´s privilege)  Setting up of patent and exploitation agencies for universities by the BMBF to strengthen technology transfer at universities  NKBF (auxiliary conditions for research funding) with a requirement for knowledge transfer  SIGNO Germany “Protection of ideas for commercial use” directed at universities, enterprises and inventors funded by the BMWi (Ministry of Economics)  KMU-innovativ: Priority for utting-Edge Research in SMEs  "Entrepreneurial Regions„  Hightech-Strategie for Germany  „Forschungsprämie“ Bonus for PRO / university collaboration with SMEs  Joint Industrial Research (IGF) and Initiative Programme Future Technologies for SMEs (ZUTECH)  Germany's Top Clusters  Innovation Competition "Industry Meets Science" 10

Consulting structure and transfer bodies  Transfer offers at large research organisations -Technology transfer at the Helmholtz Association -Technology marketing at the German Aerospace Center -Technology-Transfer-Office at Forschungszentrum Jülich GmbH -FIZ Karlsruhe -Technolgy transfer at the Fraunhofer Society -Max-Planck-Innovation for MPG -Technology transfer at the Leibniz Community, supported by Leibniz X  Technology transfer at universities -More than 231 places of technology transfer at Germen universities, higher and secondary education establishments -Among others: NRW: 33; BY: 30; BW:27; RP:24; Ni: 20 -For further information:

 Technology transfer for SME -chamber of commerce (DIHK, Handwerkskammer) -Regional transfer organisations (NW: Provendis, Rubitech, Zenit; BY: Bayernpatent) etc. 12

Portal for Patent and exploitation information

Patents- and exploitation agencies in Germany

KT Initiatives  Several national initiatives in recent years to enhance KT: –Legislation changes (e.g. abolition of the « professor’s privilege » in Germany, Denmark, Finland, etc.) –Guidelines (in France, Denmark, Ireland, etc.) –Model contracts (e.g. UK’s « Lambert agreements »)  … usually with a purely national perspective  little coherence across Europe  hampers trans-national KT  Weakens Europe´s position to take united actions at European level  And some European-wide stakeholders associations & valuable initiatives (ProTon, ASTP, Responsible Partnering, CREST work, …) 15

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Initiatives on KT at European level  “European Research Area” Green Paper (COM(2007)161)  Commission Communication on Knowledge Transfer (COM(2007)182 + SEC(2007)449) nication_knowledge_transfer.pdf nication_knowledge_transfer.pdf  German Presidency “IP Charter” initiative (2007)  Related Council Resolution ( ): welcomed the Recommendation and invited MS to implement it. Political decision 17

 Commission Recommendation on the management of intellectual property in knowledge transfer activities and Code of Practice for universities and other public research organisations (C(2008)1329 of ) research/pdf/download_en/ip_recommendation.pdf 18

Key recommendations to Member States for establishing or adapting intellectual property / knowledge transfer policies Code of Practice for universities and PROs with operational principles for setting up institutional policies and knowledge transfer systems (Annex I) but which are useful for SMEs as well List of best practice examples for Member States to support implementation of the recommendations (Annex II) The Commission Recommendation for IP management research/pdf/ip_recommendation_en.pdf 19

Ensure equitable and fair treatment of participants from Member States and third countries in international research projects regarding the ownership of and access to intellectual property rights, to the mutual benefit of all partners involved; When signing international research cooperation agreements, the terms and conditions relating to projects funded under both countries' schemes provide all participants with similar rights, especially as regards access to intellectual property rights and related use restrictions.  Leads to a common European approach which strengthens individual Member States and stakeholders by using same set of principles and recommendations Commission Recommendation covered by the Council Resolution (excerpts) 20

CREST Working Group on KT List of priorities for the first two years  Identify indicators for measuring progress in implementing the Recommendation and Code of Practice;  Review and report on initiatives taken at national levels to implement the Recommendation and Code of Practice;  Identify specific issues related to international knowledge transfer (i.e. beyond the EU) including the development of practical guidelines where appropriate which will be useful for SMEs  Reviewing how the Recommendation and Code of Practice are promoted in relevant EU initiatives (e.g. the European Institute of Innovation and Technology (EIT), the Seventh Framework Programme for Research and Technological Development (FP7), the Competitiveness and Innovation Framework Programme (CIP) etc.), EUREKA, etc, 21

Cert-TTT-M 22

Interactive toolkit

UK IPO

Thank you for your attention! 25