Benchmarking National - PRO INNO Europe

why policy focuses on three dimensions to increase economic competitiveness:
technological innovation, entrepreneurship and IP creation (the latter is considered
to be linked to the first two dimensions) (Sathirakul, 2006). For the 2005 update of
the Japanese IP strategy paper, a task force commissioned by the IPR Headquarters
elaborated on measures to promote the intellectual property strategies of small and
medium-sized companies. In total, the 2005 programme listed 450 support
measures which address IPR usage and awareness in SMEs, in education, at
universities and the general public (Sathirakul, 2006).
Support services in place
University-business collaboration (i.e., technology transfer) is a key cornerstone
within the IP strategy. Its main vehicle is the system of Technology License Offices
(TLOs). It is hoped, as far as the SME dimension is concerned, that through
appropriating the IP of university research, start-up activities as well as out-licensing
to existing SMEs will increase.
The Japanese TLO system
The Japanese Technology License Offices (TLOs) – which numbered 34
(Nishizawa, 2007) as of the beginning of 2007 – have been born out of the
necessity to boost the transfer of inventions from university to the industry
profitably. The American TLO system – and its perceived success following the
introduction of the U.S. Bayh-Dole Act in 1980. 23 – served as a role model in the
design of its Japanese counterpart. The purpose of the TLOs is seen in
commercialising inventions created in the universities: IP titles are transferred to
the TLOs, which are organised as separate bodies and which license the
technology out to industry; royalty dividends are received in return. In this
respect, the Japanese TLOs are not that different from those encountered at
European universities. In addition, the TLO system aims to foster the creation of
spin-offs from university which could be also considered a form of technology
transfer and also adds a second and specific SME dimension to this type of
service. The main incentive for researchers to support a Bayh-Dole Act system lies
in the professional management of the IP which creates additional income for the
university and for the inventors.
Hence, the professional management of the IP is the key success factor, and
several measures have been taken to secure success: First, the factor “human
resources” is recognised to be of utmost importance. The aim is thus to attract
able and experienced IP managers by providing them incentives, e.g., in the form
of shares of royalty income. Second, it has also been decided that, after an initial
period during which government funds are received, the TLO has to stand on its
own feet and act like a private company. These two factors could be considered
to constitute subtle differences from the operation of technology license offices
in Europe and they could make a huge impact in terms of the effectiveness and
efficiency of such institutions.
23 The Bayh-Dole Act denotes a piece of U.S. legislation. Among others, it tackles the ownership of IP rights emerging
from government-funded research; with respect to small businesses, non-profit organisations, and university. It states
that such IP belongs to the entity carrying out the research, not the individual researchers.
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TOWARDS GOOD PRACTICES – THE REAL WORLD OF IPR SUPPORT SERVICES