Biomedical Engineering Reference
In-Depth Information
availability of more accurate and reliable automatic translators) and on the other
side to make more documents available as full - text (searchable text) [ 32 ].
In addition it is expected that semantic analysis might achieve acceptable levels
of accuracy in the very next future.
3.5 Inventions by University Researchers
Pursuant to art. 65 of the Italian Code of Industrial Property ( Codice della
Proprietà Industriale , CPI), university researchers or researchers working in any
public research institute are the exclusive holders of the rights arising from their
invention, at least as regards the so-called free research .
Researchers can then assign their property rights arising from the invention to
any third party (including the university).
If there are several inventors, the rights belong to all in equal shares, unless oth-
erwise agreed.
Only those who have actually performed an inventive activity can be acknowl-
edged as co-authors.
Art. 65 applies to researchers of private and state universities alike, but not to
employees of private-law organizations such as foundations, even if controlled by
public institutions.
Compared to employees of corporations or private organizations (or even pub-
lic institutions not having research purposes), university researchers may freely
use the outcome of their research.
If, after 5 years (maybe a too long a time, considering the obsolescence rate of
technology!) from the date of grant of the patent, the researchers has not started
the industrial exploitation of the invention (marketing or licensing), the university
shall acquire, free of charge, the non-exclusive right to exploit the invention and
the property rights related thereto.
The researcher at any rate remains the holder of the rights and might grant
other licenses (also for valuable consideration).
In the event of commercial exploitation of the invention, the researcher shall
be entitled to no less than 50 % of the royalties, before the deduction of financial
charges (art. 65 paragraph 3).
If the research is financed by a private organization or by a public institution
differing from the one the researcher belongs to, the rights on the invention belong
to the university or to the public research institution (art. 65 paragraph 5) and the
researcher only performs professional consultancy [ 4 ].
3.6 Technology Transfer Agreements
After an industrial property title has been filed or registered, the problem is how to
exploit the invention.
For a company the options are mainly two: (a) implementation by the company
itself, and (b) sale, licensing or cross-licensing entrusted to third parties.
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