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...

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Main Authors: محمد هادی میرشمسی 11, Maryam Farzi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2020-02-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_11346_89800d1eb79bab39503611a6fd33706c.pdf
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author محمد هادی میرشمسی 11
Maryam Farzi
author_facet محمد هادی میرشمسی 11
Maryam Farzi
author_sort محمد هادی میرشمسی 11
collection DOAJ
description 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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spelling doaj.art-cf76bd7e5c584b5ebba572afd653e07b2024-01-10T10:51:40ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162020-02-01216594210.22054/qjpl.2019.29486.175211346Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Researchمحمد هادی میرشمسی 110Maryam Farzi1دانشگاه علامه طباطبائیAllameh tabataba'i UniversityGovernments 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.https://qjpl.atu.ac.ir/article_11346_89800d1eb79bab39503611a6fd33706c.pdfpublicly funded researchinstitutional ownership modelinventor ownership modelbayh-dole actprofessor's privilege rule
spellingShingle محمد هادی میرشمسی 11
Maryam Farzi
Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Research
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
publicly funded research
institutional ownership model
inventor ownership model
bayh-dole act
professor's privilege rule
title Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Research
title_full Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Research
title_fullStr Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Research
title_full_unstemmed Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Research
title_short Conflict Between “Institutional Ownership” and “Inventor Ownership” Systems in Publicly Funded Research
title_sort conflict between institutional ownership and inventor ownership systems in publicly funded research
topic publicly funded research
institutional ownership model
inventor ownership model
bayh-dole act
professor's privilege rule
url https://qjpl.atu.ac.ir/article_11346_89800d1eb79bab39503611a6fd33706c.pdf
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