Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Research
Governments sometimes attempt directly to research and sometimes sponsor them based on their interests and reasons. The legal system governing the funded researches’ results and findings is one of the most important and effective factors in exploiting intellectual properties. Some States have enact...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2020-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_11346_89800d1eb79bab39503611a6fd33706c.pdf |
| Summary: | Governments sometimes attempt directly to research and sometimes sponsor them based on their interests and reasons. The legal system governing the funded researches’ results and findings is one of the most important and effective factors in exploiting intellectual properties. Some States have enacted special intellectual property rules for publicly funded research which is divided into two main models: Institutional-ownership and inventor-ownership models. In institutional-ownership model, the recipient institute of fund is the owner of the intellectual property. This model was appeared in Bayh-Dole Act in the US, afterwards it spread to the other countries. In Inventor-ownership model, inventors and creators are recognized as the owner of intellectual property, although public institutes funded the research. Professor’s privilege rule which is used in some European countries, could be considered as an inventor- ownership model. Although in the last two decades, global trend is in adopting institutional-ownership model and even several countries with inventor-ownership model changed their legal system to the system, but still some countries emphasize on efficiency of inventor-ownership model. Meanwhile, problems of institutional-ownership model changed the direction of attentions toward inventor-ownership model in the past few years. |
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| ISSN: | 2345-6116 2476-6216 |