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Main Legal Aspects of the Choice of TTO Model

Main Legal Aspects of the Choice of TTO Model. N.Romanova Saratov State University named after N.G.Chernyshevsky. The laws should support the innovative business. Effective legal regulation is needed in the sphere of innovative activity.

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Main Legal Aspects of the Choice of TTO Model

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  1. Main Legal Aspects of the Choice of TTO Model N.Romanova Saratov State University named after N.G.Chernyshevsky

  2. The laws should support the innovative business • Effective legal regulation is needed in the sphere of innovative activity. • There is no adequate legal support in the form of independent functional line of business; specifically, the federal law on innovation and innovative activity has not been adopted yet. • Legal regulation of the mechanism of innovative activity in Russia is still quite fragmentary. • Many legal norms that should determine key organizational, legal, and economic components of this activity are nonexistent. CONCLUSION. A national legal system of creating TT infrastructures is altogether missing.

  3. The laws should support the innovative business • The complexity and diversity of legal problems surrounding innovative activity have become particularly evident during the development of new untraditional organizational-legal forms of entities engaged in innovative activity (science and technology parks, science towns, TTO).There is no special system of government TTO financing. The process of initiative creation of TTO is currently underway in Russia. If TTO is created as a structural unit of a university, the university is responsible for its financing. • The law should define such notions as “innovation,” “innovative activity,” subjects of innovative activity, including TTO, innovative activity guarantees and incentives. • Underway in Russia are: initiative TTO creation, grants, foundations.

  4. Foreign experience • USA – the Bye-Dole Act is the legal foundation for TTO financing. Office financing from internal resources at initial stages. Sometimes direct or indirect support by industrial organizations, target use of commercialization revenues. • France – the Innovative Law ensured the strengthening of transfer entities (Government funds allocated to the university, % of income). Independent legal entity. • Great Britain – partnerships • Japan – the legal act on technology transfer (Government financing, but insufficient for effective work. Associated commercial companies for support, 5 years short of transfer to self-financing). • Australia, India – no government financing system (independent and at universities). • China – each large university has its own office. Government financing. • South Africa – South African Association for R&D and Innovations Management.

  5. Laws and regulations governing legal relations involving intellectual property • RF Patent Law; according to the new edition, the law does not regulate relations connected with the transfer of rights. (Licensing – registration) • RF Presidential Decree “On Government Policy of Involving Results of Scientific and Technological Activity and IP Objects in Science and Technology in the Economic Process” • Tax Code • On Small Enterprises • TT Statute • Accounting Statute

  6. Law of Saratov Region“On Innovations and Innovative Activity”28 July 1997 • The goal of innovative policy in Saratov region is to create an extensive, balanced, and efficient infrastructure ensuring close contact between all its participants. • The Law regulates relations between government authorities, subjects of innovative activity, and consumers of innovation and is aimed at creating conditions for financing and functioning of innovative activity subjects on the territory of Saratov region. The Law legalizes such notions as “innovation,” “innovative activity,” provides a list of subjects, formulates the main principles of innovative activity management, innovative budget, direct and indirect incentives for innovative activity.

  7. University department Internal resources; Percent of income; External financing. Independent legal entity Initial capital; Commercial proceeds; External financing (grants, foundations) (Simplified taxation system) TTO Models

  8. Raising the role of innovative activity infrastructure in IP creation and commercialization (Saratov) The joint session of the Economic Development Council and the Council for Science and High Technologies adopted recommendations for preparing the regional enterprises to the forthcoming Russia’s admission to WTO.The session decided: • To organize a specialized municipal center for rendering services in the sphere of IP protection and promotion to the domestic and foreign markets; • To develop a mechanism of incentives; • To develop proposals for inclusion of expenses on commercialization as an item in the regional budget.

  9. Manager for the introduction of high technologies – a new occupation Requires knowledge of science and technology and skills in the IP sphere

  10. Conclusions • TTO started emerging and developing even in conditions of a lacking integral legal system, which is evidence of their acuteness and vital necessity. • The formation of a legal framework will facilitate and raise the efficiency of their work.

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