The science transfer series: technology transfer from academia to industry and its impact on university management

Abstract

I n a knowledge society, the economic and social power of countries depends on their capacity to generate, use, and spread scientific and technological knowledge. In this context, universities play a central role, incorporating into their traditional functions of teaching and research those of economic and social development, characterized as their " third mission " (1). To assure their performance in this third mission, universities have established technology transfer offices, with the goal of facilitating the spread of academic research results, by means of licensing the intellectual property assets to industry. In the United States, the country considered to be the pioneer of these measures, academic technology transfer was fundamentally impacted by the University and Small Business Patent Procedures Act of 1980, known internationally as the Bayh-Dole Act. The Bayh-Dole Act created incentives for technology transfer from academia to industry, simplifying this process by means of a uniform policy of patenting and the removal of various licensing restrictions, resulting in a significant impact on the performance of American universities, in terms of the number of patents filed and granted, signed licenses, spin-off companies created, jobs created, and the amount earned through royalties. While these results may be considered important, it is above all the social relevance of these activities developed in universities, that presents the largest impact. In 2001, the National Institute of Health (NIH) prepared a report called the Wyden Report, which analyzes the impact of federal resources on biomedical research and the return on investment. Despite criticizing several aspects of the Bayh-Dole Act, the report recognizes that the fomenting of scientific discovery, the intangible benefits of rapid technological development, and the certainty of access to those products by those who need them are benefits that are " so significant that they exceed the considerations of monetary return " (2). As such, the Bayh-Dole Act and its subsequent amendments have supplied the foundation for technology transfer practices in universities that have spread worldwide, having been adopted by the majority of countries and only differing according to the environment in which the responsible authors find themselves regarding this activity. In addition to policies that are aimed at directly stimulating innovation and improving the links between science and industry, it is essential to provide appropriate structural conditions, which include tangible factors, such as financial infrastructure and human resources, as well as intangible factors, such as an entrepreneurial and innovative culture, political institutions, or even the judicial security of having these policies put into practice. In this context, intellectual property rights play an important role, leading to an increased concern for more active management of this matter and a greater institutionalization of the activities of technology transfer offices (3). In Brazil, only recently has this topic become incorporated into the science and technology agenda. Towards the end of the 1990s, intellectual property acquired importance on the national stage, particularly after the signing of the TRIPS Accord and the resulting commitments for its implementation by means of national laws. This fact, associated with the implementation of new governmental programs stimulating university-industry partnerships, marked a new stage in the Brazilian context for the promotion of technology innovation. Since 2001, an increasing number of universities have integrated themselves into the national intellectual property system, spreading the culture of innovation, broadening awareness of the importance of protecting the results of research, and introducing institutional policies of intellectual property and technology transfer. Inserted into these policies is the sharing with researchers the economic benefits earned by institutions through intangible assets licensing. In the context of these changes, initiatives such as the creation of technology transfer offices, called Technology Innovation Centers (TICs), driven mainly by the implementation of the Law of Technology Innovation (Law n. 10.973/2004) in