Intellectual property rights in research and development collaboration/ contract agreements between research institutions, universities and firms: part 2 — Ukraine, New Independent States

Abstract

Keywords: research and development contracts, research and development collaborationagreements, intellectual property rights, research organisations, universities The practice of regulatingintellectual property issues in R&D cooperation agreements/contracts betweenacademic institutions and companies in Ukraine and other New Independent States(Belarus, Kazakhstan, Russia) (NIS) is studied. It is shown the undevelopment ofmodern approaches to the distribution of IP rights in R&D agreements, including thelack of, as a rule, the allocation of Background IP and New IP and payments to academicinstitutions for the use of such IP.The changes in the legislation of Ukraine are substantiated, as well as the need todevelop standard IP provisions for different options for relationships between academicinstitutions and national and foreign companies. The necessity is shown of (a)making changes to Chapter 62 of the Civil Code of Ukraine and the Law of Ukraine“On Scientific and Scientific-Technical Activity”, other legislative acts related to IP inR&D contracts; (b) adoption by the Ministry of Education and Science of Ukraine andthe Ministry of Economy of Ukraine of Recommendations on IP policy in research organizationsand universities; (c) developing, at the level of public authorities or academiesof science, leading academic institutions model IP provisions for R&D agreementsfor various options for relationships with companies; (d) at the state level, promotinga new model of relations between academic institutions and companies, whichstipulates that can receiving by academic institutions significantly more fundsthrough payments in addition to the cost of R&D contract, the license fees for theBackground IP and New IP.