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87-399: A comprehensive definition of technology transfer today includes the notion of collaborative process as it became clear that global challenges could be resolved only through the development of global solutions. Knowledge and technology transfer plays a crucial role in connecting innovation stakeholders and moving inventions from creators to public and private users. Intellectual property (IP)

174-499: A "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights". Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term. He argues that, "to avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of 'intellectual property'." Similarly, economists Boldrin and Levine prefer to use

261-453: A breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action. As of 2011, trade in counterfeit copyrighted and trademarked works was a $ 600 billion industry worldwide and accounted for 5‍–‍7% of global trade. During the Russian invasion of Ukraine , IP has been a consideration in punishment of

348-547: A continuous pipeline of new inventions and technologies from within government laboratories. Through legislation including the Bayh–Dole Act , Congress encourages the private sector to use those technologies with commercial potential through technology transfer mechanisms such as Cooperative Research and Development Agreements, Patent License Agreements, Educational Partnership Agreements, and state/local government partnerships. The term "partnership intermediary" means an agency of

435-493: A federal laboratory, including state programs receiving funds under cooperative agreements entered into under section 5121 of the Omnibus Trade and Competitiveness Act of 1988 (15 USC § 2781). Technology transfer had a direct impact on contributing to global public health issues, by enabling global access to COVID-19 vaccines . During 2021, vaccine developers concluded over 200 technology transfer agreements. One example

522-402: A lower price. Balancing rights so that they are strong enough to encourage the creation of information and intellectual goods but not so strong that they prevent their wide use is the primary focus of modern intellectual property law. By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive

609-567: A lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law. The Venetian Patent Statute of 19 March 1474, established by the Republic of Venice , is usually considered to be the earliest codified patent system in the world. It states that patents might be granted for "any new and ingenious device, not previously made", provided it

696-478: A man has a natural and absolute right—and if a natural and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands on identically the same grounds with, his right of property in material things; that no distinction, of principle, exists between the two cases". Writer Ayn Rand argued in her book Capitalism: The Unknown Ideal that

783-423: A marked increase in technology transfer intermediaries specialized in their field since 1980, stimulated in large part by the Bayh–Dole Act and equivalent legislation in other countries, which provided additional incentives for research exploitation. Due to the increasing focus on technology transfer there are several forms of intermediary institutions at work in this sector, from TTOs to IP 'trolls' that act outside

870-530: A n environment, in which commercialization partners (industrial sponsors, consultants, non-profit organizations, SMEs, governments) and research stakeholders (researchers, technicians, students, visiting researchers, etc.) can access and share knowledge, technology and IP. National IP strategies are measures taken by a government to realize its IP policy objectives. A research result may be of scientific and commercial interest, but patents are normally only issued for practical processes, and so someone—not necessarily

957-516: A paradigm shift". Indeed, up until the early 2000s, the global IP regime used to be dominated by high standards of protection characteristic of IP laws from Europe or the United States, with a vision that uniform application of these standards over every country and to several fields with little consideration over social, cultural or environmental values or of the national level of economic development. Morin argues that "the emerging discourse of

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1044-438: A patent for five, ten or fifteen years." In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs , published in 1846. Until recently, the purpose of intellectual property law was to give as little protection as possible in order to encourage innovation . Historically, therefore, legal protection was granted only when necessary to encourage invention, and it

1131-812: A popular vehicle of commercialization in [[Canada, where the rate of licensing of Canadian university research remains far below that of the US. Scholars Jeffrey Stoff and Alex Joske have argued that the Chinese Communist Party 's united front "influence apparatus intersects with or directly supports its global technology transfer apparatus." Many universities and research institutions, and governmental organizations now have an Office of Technology Transfer (TTO, also known as "Tech Transfer" or "TechXfer") dedicated to identifying research that has potential commercial interest and strategies for how to exploit it. Technology Transfer Offices are usually created within

1218-405: A range of services, including training, brokering and financing. Intellectual Property marketplaces are Internet-based platforms that allow innovators to connect with potential partners and/or clients. For example, online platform WIPO GREEN enable collaborations in specific areas of knowledge transfer and facilitate matchmaking between technology providers and technology seekers. There has been

1305-602: A state or local government—or a nonprofit entity owned, chartered, funded, or operated by or on behalf of a state or local government—that assists, counsels, advises, evaluates, or otherwise cooperates with small business firms; institutions of higher education defined in section 201(a) of the Higher Education Act of 1965 (20 USC § 1141 [a]); or educational institutions within the meaning of section 2194 of Title 10, United States Code, that need or can make demonstrably productive use of technology-related assistance from

1392-422: A system to resist change without adapting its initial stable configuration". "Robustness in the small" refers to situations wherein perturbations are small in magnitude, which considers that the "small" magnitude hypothesis can be difficult to verify because "small" or "large" depends on the specific problem. Conversely, "Robustness in the large problem" refers to situations wherein no assumptions can be made about

1479-410: A two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Generally speaking, it is what makes a product look appealing, and as such, it increases the commercial value of goods. Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant . The variety must, amongst others, be novel and distinct and for registration

1566-749: A university in order to manage IP assets of the university, and the transfer of knowledge and technology to industry. Sometimes, their mandate includes any interaction or contractual relation with the private sector, or other responsibilities, depending on the mission of the institutions. Common names for such offices differ. Some examples include Technology Licensing Office (TLO), Technology Management Office, Research Contracts and IP Services Office, Technology Transfer Interface, Industry Liaisons Office, IP and Technology Management Office, and Nucleus of Technological Innovation. Technology transfer offices may work on behalf of research institutions, governments, and even large multinationals. Where start-ups and spin-outs are

1653-432: Is "indivisible", since an unlimited number of people can in theory "consume" an intellectual good without its being depleted. Additionally, investments in intellectual goods suffer from appropriation problems: Landowners can surround their land with a robust fence and hire armed guards to protect it, but producers of information or literature can usually do little to stop their first buyer from replicating it and selling it at

1740-635: Is "technology valorisation ". While conceptually the practice has been utilized for many years (in ancient times, Archimedes was notable for applying science to practical problems), the present-day volume of research, combined with high-profile failures at Xerox PARC and elsewhere, has led to a focus on the process itself. Whereas technology transfer can involve the dissemination of highly complex technology from capital-intensive origins to low-capital recipients (and can involve aspects of dependency and fragility of systems), it also can involve appropriate technology , not necessarily high-tech or expensive, that

1827-549: Is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process, and generally has to fulfill three main requirements: it has to be new , not obvious and there needs to be an industrial applicability . To enrich

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1914-601: Is a trade secret for Coca-Cola .) The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. Because they can then profit from them, this gives economic incentive for their creation. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property

2001-416: Is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to further innovation. Lockeans argue that intellectual property is justified based on deservedness and hard work. Various moral justifications for private property can be used to argue in favor of the morality of intellectual property, such as: Lysander Spooner (1855) argues "that

2088-590: Is an important instrument of technology transfer, as it establishes an environment conducive to sharing research results and technologies. Analysis in 2003 showed that the context, or environment, and motives of each organization involved will influence the method of technology transfer employed. The motives behind the technology transfer were not necessarily homogenous across organization levels, especially when commercial and government interests are combined. The protection of IP rights enables all parties, including universities and research institutions to ensure ownership of

2175-1298: Is better disseminated, yielding robustness and independence of systems. Technology transfer is also promoted through informal means, such as at conferences organized by various groups, including the Ewing Marion Kauffman Foundation and the Association of University Technology Managers (AUTM) , and at "challenge" competitions by organizations such as the Center for Advancing Innovation in Maryland. AUTM represents over 3,100 technology transfer professionals, and more than 800 universities, research centers, hospitals, businesses and government organizations. The most frequently used informal means of technology transfer are through education, studies, professional exchange of opinions, movement of people, seminars, workshops. . There are numerous professional associations and TTO Networks enhancing different forms of collaboration among technology managers in order to facilitate this "informal" transfer of best practices and experiences. In addition to AUTM, other regional and international associations include

2262-668: Is considered similarly high in other developed nations, such as those in the European Union. In the UK, IP has become a recognised asset class for use in pension-led funding and other types of business finance. However, in 2013, the UK Intellectual Property Office stated: "There are millions of intangible business assets whose value is either not being leveraged at all, or only being leveraged inadvertently". An October 2023 study released by Americans for

2349-460: Is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection". "If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture

2436-635: Is different from violations of other intellectual property laws, since by definition trade secrets are secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act . The United States also has federal law in the form of the Economic Espionage Act of 1996 ( 18 U.S.C.   §§ 1831 – 1839 ), which makes

2523-432: Is indivisible—an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation—while a landowner can surround their land with a robust fence and hire armed guards to protect it, a producer of information or an intellectual good can usually do very little to stop their first buyer from replicating it and selling it at

2610-678: Is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement sets minimum international standards for IP which every member of the World Trade Organization (WTO) must comply with. A member's non-compliance with the TRIPS Agreement may be grounds for suit under the WTO's Dispute Settlement Mechanism . Bilateral and multi-lateral agreements often establish IP requirements above

2697-437: Is thought to be disruptive for the scientific purposes. [REDACTED]  This article incorporates text from a free content work. Licensed under CC-BY-4.0. Text taken from Intellectual Property and Technology Transfer​ , WIPO. Intellectual property This is an accepted version of this page Intellectual property ( IP ) is a category of property that includes intangible creations of

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2784-448: Is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The Anti-Counterfeiting Trade Agreement (ACTA) states that "effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally". Economists estimate that two-thirds of

2871-583: The fair use and fair dealing doctrine. Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law. Trade secret misappropriation

2958-514: The 1760s and 1770s over the extent to which authors and publishers of works also had rights deriving from the common law of property ( Millar v Taylor (1769), Hinton v Donaldson (1773), Donaldson v Becket (1774)). The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase. The first clear example of modern usage goes back as early as 1808, when it

3045-962: The Alliance of TechTransfer Professionals of the Philippines (AToP), the South African Research and Innovation Management Association (SARIMA), and other associations. They promote cooperation in technology transfer and the exchange of best practices and experiences among professionals, as today international technology transfer is considered one of the most effective ways to bring people together to find solutions to global problems such as COVID-19, climate change or cyber-attacks. Universities and research institutions seeking to partner with industry or other organizations can adopt an institutional intellectual property policy for effective intellectual property management and technology transfer. Such policies provide structure, predictability, and

3132-613: The Arts (AFTA) found that "nonprofit arts and culture organizations and their audiences generated $ 151.7 billion in economic activity—$ 73.3 billion in spending by the organizations, which leveraged an additional $ 78.4 billion in event-related spending by their audiences." This spending supported 2.6 million jobs and generated $ 29.1 billion in local, state and federal tax revenue." 224,000 audience members and over 16,000 organizations in all 50 states and Puerto Rico were surveyed over an 18-month period to collect

3219-693: The Association of European Science and Technology Transfer Professionals (ASTP), the Alliance of Technology Transfer Professionals (ATTP), Licensing Executives Society (LES), Praxis Auril] and others. There are also national Technology transfer associations and networks, such as the National Association of Technology Transfer Offices in Mexico (Red OTT Mexico), the Brazilian Forum of Innovation and Technology Transfer Managers (FORTEC),

3306-677: The Bayh–Dole Act provisions. Due to the risk of exploitation, intellectual property policy, training and systems support for technology transfer by government, research institutes and universities, have been international and regionally-focused organisation, such as the World Intellectual Property Organisation and the European Union . The U.S. government's annual budget funds over $ 100 billion in research and development activity, which leads to

3393-452: The EU, and which has not entered into force, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. There are limitations and exceptions to copyright , allowing limited use of copyrighted works, which does not constitute infringement. Examples of such doctrines are

3480-512: The US), supplementary protection certificates for pharmaceutical products (after expiry of a patent protecting them), and database rights (in European law ). The term "industrial property" is sometimes used to refer to a large subset of intellectual property rights including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications. A patent

3567-565: The US. Local venture capital organizations such as the Mid-Atlantic Venture Association (MAVA) also sponsor conferences at which investors assess the potential for commercialization of technology. Technology brokers are people who discovered how to bridge the emergent worlds and apply scientific concepts or processes to new situations or circumstances. A related term, used almost synonymously, especially in Europe,

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3654-467: The United States) but several jurisdictions incorporate infringement in criminal law also (for example, Argentina, China, France, Japan, Russia, South Korea). Copyright infringement is reproducing, distributing, displaying or performing a work , or to make derivative works , without permission from the copyright holder, which is typically a publisher or other business representing or assigned by

3741-417: The aggressor through trade sanctions, has been proposed as a method to prevent future wars of aggression involving nuclear weapons , and has caused concern about stifling innovation by keeping patent information secret. Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or

3828-428: The body of knowledge and to stimulate innovation, it is an obligation for patent owners to disclose valuable information about their inventions to the public. A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only

3915-952: The clients, commercial fees are sometimes waived in lieu of an equity stake in the business. As a result of the potential complexity of the technology transfer process, technology transfer organizations are often multidisciplinary, including economists, engineers, lawyers, marketers and scientists. The dynamics of the technology transfer process have attracted attention in their own right, and there are several dedicated societies and journals. Technology and Innovation Support Centers (TISCs) help innovators access patent information, scientific and technical literature and search tools and databases and make more effective use of these resources to promote innovation, technology transfer, commercialization and utilization of technologies. The WIPO TISCs program currently supports over 80 countries. WIPO supports its member states in establishing and developing TISCs in universities and other institutions in numerous countries around

4002-590: The controversy, the agreement has extensively incorporated intellectual property rights into the global trading system for the first time in 1995, and has prevailed as the most comprehensive agreement reached by the world. Intellectual property rights include patents , copyright , industrial design rights , trademarks , plant variety rights , trade dress , geographical indications , and in some jurisdictions trade secrets . There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in

4089-444: The data. The WIPO treaty and several related international agreements underline that the protection of intellectual property rights is essential to maintaining economic growth. The WIPO Intellectual Property Handbook gives two reasons for intellectual property laws: One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second

4176-491: The design of a building) that signify the source of the product to consumers. A trade secret is a formula , practice, process, design , instrument, pattern , or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers. There is no formal government protection granted; each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks

4263-520: The end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention. demonstrating the evolution of patents from royal prerogative to common-law doctrine. The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown , in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property,

4350-414: The evaluation of propagating material of the variety is considered. A trademark is a recognizable sign , design or expression that distinguishes a particular trader's products or services from similar products or services of other traders. Trade dress is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging (or even

4437-510: The exclusive right to their respective writings and discoveries. ' " "Some commentators, such as David Levine and Michele Boldrin , dispute this justification. In 2013, the United States Patent and Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US$ 5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property

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4524-423: The extent of protection is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for research. This safe harbor does not exist in the US unless the research is done for purely philosophical purposes, or to gather data to prepare an application for regulatory approval of a drug. In general, patent infringement cases are handled under civil law (e.g., in

4611-429: The form or manner in which they are expressed. An industrial design right (sometimes called "design right" or design patent ) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be

4698-441: The 💕 Ability of a system to resist change without adapting its initial stable configuration For other uses, see Robustness (disambiguation) . Robustness is the property of being strong and healthy in constitution. When it is transposed into a system , it refers to the ability of tolerating perturbations that might affect the system's functional body. In the same line robustness can be defined as "the ability of

4785-751: The full social value of their inventions". This absolute protection or full value view treats intellectual property as another type of "real" property, typically adopting its law and rhetoric. Other recent developments in intellectual property law, such as the America Invents Act , stress international harmonization. Recently there has also been much debate over the desirability of using intellectual property rights to protect cultural heritage, including intangible ones, as well as over risks of commodification derived from this possibility. The issue still remains open in legal scholarship. These exclusive rights allow intellectual property owners to benefit from

4872-688: The global IP regime advocates for greater policy flexibility and greater access to knowledge, especially for developing countries." Indeed, with the Development Agenda adopted by WIPO in 2007, a set of 45 recommendations to adjust WIPO's activities to the specific needs of developing countries and aim to reduce distortions especially on issues such as patients' access to medicines, Internet users' access to information, farmers' access to seeds, programmers' access to source codes or students' access to scientific articles. However, this paradigm shift has not yet manifested itself in concrete legal reforms at

4959-580: The host organization does not have the necessary will, resources, or skills to develop new technology. Often these approaches are associated with raising of venture capital (VC) as a means of funding the development process, a practice common in the United States and the European Union . Research spin-off companies are a popular vehicle of commercialization in Canada , where the rate of licensing of Canadian university research remains far below that of

5046-531: The human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents , copyrights , trademarks , and trade secrets . The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of

5133-470: The information and intellectual goods they create, and thus have more economic incentives to create them in the first place. Advocates of IP believe that these economic incentives and legal protections stimulate innovation and contribute to technological progress of certain kinds. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property

5220-535: The international level. Similarly, it is based on these background that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement requires members of the WTO to set minimum standards of legal protection, but its objective to have a "one-fits-all" protection law on Intellectual Property has been viewed with controversies regarding differences in the development level of countries. Despite

5307-460: The labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the flocks he rears." The statement that "discoveries are ... property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him

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5394-1033: The magnitude of perturbations, which can either be small or large. It has been discussed that robustness has two dimensions: resistance and avoidance. See also [ edit ] [REDACTED] Look up robustness in Wiktionary, the free dictionary. [REDACTED] Systems science portal Fault-tolerant system Resilience (disambiguation) Robustness principle References [ edit ] ^ Wieland, A., Wallenburg, C.M., 2012. Dealing with supply chain risks: Linking risk management practices and strategies to performance . International Journal of Physical Distribution & Logistics Management, 42(10). ^ C.Alippi: "Robustness Analysis" chapter in Intelligence for Embedded Systems. Springer, 2014, 283pp, ISBN   978-3-319-05278-6 . ^ Durach, C.F. et al. (2015), Antecedents and dimensions of supply chain robustness:

5481-482: The participants. While the Technology Transfer process involves many activities, which can be represented in many ways, in reality, technology transfer is a fluid and dynamic process that rarely follows a linear course. Typical steps include: Technology transfer aims to ensure that scientific and technological developments are accessible to a wider range of users who can then further develop and exploit

5568-453: The principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. In 500 BCE, the government of the Greek state of Sybaris offered one year's patent "to all who should discover any new refinement in luxury". According to Jean-Frédéric Morin, "the global intellectual property regime is currently in the midst of

5655-673: The property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and development costs. In the United States Article ;I Section 8 Clause 8 of the Constitution, commonly called the Patent and Copyright Clause, reads; "The Congress shall have power 'To promote the progress of science and useful arts, by securing for limited times to authors and inventors

5742-583: The protection of intellectual property is essentially a moral issue. The belief is that the human mind itself is the source of wealth and survival and that all property at its base is intellectual property. To violate intellectual property is therefore no different morally than violating other property rights which compromises the very processes of survival and therefore constitutes an immoral act. Violation of intellectual property rights, called "infringement" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be

5829-656: The requirements of the TRIPS Agreement. Criticism of the term intellectual property ranges from discussing its vagueness and abstract overreach to direct contention to the semantic validity of using words like property and rights in fashions that contradict practice and law. Many detractors think this term specially serves the doctrinal agenda of parties opposing reform in the public interest or otherwise abusing related legislations, and that it disallows intelligent discussion about specific and often unrelated aspects of copyright, patents, trademarks, etc. Free Software Foundation founder Richard Stallman argues that, although

5916-428: The researchers—must come up with a specific practical process. Another consideration is commercial value; for example, while there are many ways to accomplish nuclear fusion , the ones of commercial value are those that generate more energy than they require to operate. The process to commercially exploit research varies widely. It can involve licensing agreements or setting up joint ventures and partnerships to share both

6003-426: The risks and rewards of bringing new technologies to market. Other corporate vehicles, e.g. spin-outs, are used where the host organization does not have the necessary will, resources, or skills to develop new technology. Often these approaches are associated with raising of venture capital (VC) as a means of funding the development process, a practice more common in the date=May 2022}} Research spin-off companies are

6090-757: The scientific outcomes of their intellectual activity, and to control the use of IP in accordance with their mission and core values. IP protection gives academic institutions capacity to market their inventions, attract funding, seek industrial partners and assure dissemination of new technologies through means such as licensing or creation of start-ups for the benefit of society. Technology transfers may occur between universities , businesses (of any size, ranging from small , medium , to large ), governments , across geopolitical borders , both formally and informally, and both openly and secretly. Often it occurs by concerted effort to share skills , knowledge , technologies, manufacturing methods, samples, and facilities among

6177-715: The strengthening of the IP system and subsequent economic growth." According to Article 27 of the Universal Declaration of Human Rights , "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". Although the relationship between intellectual property and human rights is complex, there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property

6264-453: The technology into new products, processes, applications, materials, or services. It is closely related to (and may arguably be considered a subset of) knowledge transfer . Horizontal transfer is the movement of technologies from one area to another. Transfer of technology is primarily horizontal. Vertical transfer occurs when technologies are moved from applied research centers to research and development departments. Spin-outs are used where

6351-462: The term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion". He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates

6438-407: The term "intellectual monopoly" as a more appropriate and clear definition of the concept, which, they argue, is very dissimilar from property rights. They further argued that "stronger patents do little or nothing to encourage innovation", mainly explained by its tendency to create market monopolies, thereby restricting further innovations and technology transfer. Robustness From Misplaced Pages,

6525-702: The term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property . The organization subsequently relocated to Geneva in 1960 and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations . According to legal scholar Mark Lemley , it

6612-403: The theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C.   § 1831(a) , criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C.   § 1832 , criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for

6699-431: The two offenses.) In Commonwealth common law jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as in the United States. The international governance of IP involves multiple overlapping institutions and forums. There is no overall rule-making body. One of the most important aspects of global IP governance

6786-542: The value of large businesses in the United States can be traced to intangible assets. "IP-intensive industries" are estimated to generate 72% more value added (price minus material cost) per employee than "non-IP-intensive industries". A joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries found "a positive correlation between

6873-449: The work's creator. It is often called "piracy". In the United States, while copyright is created the instant a work is fixed, generally the copyright holder can only get money damages if the owner registers the copyright. Enforcement of copyright is generally the responsibility of the copyright holder. The ACTA trade agreement , signed in May 2011 by the United States, Japan, Switzerland, and

6960-516: The world's legal systems . Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to certain information and intellectual goods they create, usually for a limited period of time. Supporters argue that because IP laws allow people to protect their original ideas and prevent unauthorized copying, creators derive greater individual economic benefit from

7047-439: The world. Services offered by TISCs may include: Science and technology parks (STP) are territories usually affiliated with a university or a research institution, which accommodate and foster the growth of companies based therein through technology transfer and open innovation. Technology business incubators (TBIs) are organizations that help startup companies and individual entrepreneurs develop their businesses by providing

7134-556: Was AstraZeneca concluding the licensing and technology transfer agreements on AstraZeneca with the Serum Institute of India and with Daiichi Sankyo of Japan to supply vaccines for COVID-19 , which were developed in collaboration with the University of Oxford . In this process Intellectual Property was part of the solution and an important tool for facilitation of affordable global access to COVID 19 treatments – as it

7221-448: Was limited in time and scope. This is mainly as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement. The concept's origin can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist—notably

7308-467: Was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did not enter popular usage there until passage of the Bayh–Dole Act in 1980. The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for monopoly privileges. Approximately 200 years after

7395-894: Was the case in two licensing agreements between Medicines Patent Pool (MPP) and pharmaceutical companies Merck and Pfizer . Despite incentives to move research into production, the practical aspects are sometimes difficult to perform in practice. Using DoD technology readiness levels as a criterion (for example), research tends to focus on TRL (technology readiness level) 1–3 while readiness for production tends to focus on TRL 6–7 or higher. Bridging TRL-3 to TRL-6 has proven to be difficult in some organizations. Attempting to rush research (prototypes) into production (fully tested under diverse conditions, reliable, maintainable, etc.) tends to be more costly and time-consuming than expected. Power political and realpolitik incentives in technology transfer are cognized to be negative factors in destructive applications. Technology transfer to dictatorial regimes

7482-727: Was used as a heading title in a collection of essays. The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property ( Schutz des geistigen Eigentums ) to the confederation. When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted

7569-523: Was useful. By and large, these principles still remain the basic principles of current patent laws. The Statute of Monopolies (1624) and the British Statute of Anne (1710) are seen as the origins of the current patent law and copyright respectively, firmly establishing the concept of intellectual property. "Literary property" was the term predominantly used in the British legal debates of

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