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

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

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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)

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

11. THANK YOU! mindaugas.kiskis@lawin.lt