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Geförderte Veröffentlichung
Immaterialgüter- und Wettbewerbsrecht

Software, Intellectual Property Rights and University

The research explores, using the method of comparative analysis, different legal issues related to software management within the university, with specific reference to intellectual property rights (copyright, “patents on software”, etc.), ownership/authorship regimes and market exploitation.

Letzte Änderung: 01.12.12

Until a few years ago universities rarely pursued a structured policy of knowledge and technology transfer. On the contrary, most universities showed little attention to crucial issues such as intellectual property, cooperative research, approaches and strategies to the business world. From a legal point of view, this phenomenon mainly involves two legal categories: intellectual property rights (IPRs) and contract law.

Market exploitation of university research usually happens in two ways: either by indirect exploitation via proprietary or open source licensing (e.g., GNU General Public License) of intellectual property rights (especially: patents and copyrights); or by direct exploitation of the research results on the market via spin-offs or start-ups.

The research project focuses on computer programs and aims at providing a systematic reconstruction of the issues related to their management within the university context. Specific attention is given to the rules which govern intellectual property protection, ownership or authorship regimes, and the exploitation of research results through contractual means (licenses). The regulatory framework in this field, which is often hazy and not very illuminating, is made even more incomprehensible by providing for different legal regimes according to the status of the person who has produced the research (professors, lecturers, fellows, graduate students, etc.).

With regard to methodology, specific attention is being paid to international experiences (comparative approach), and to the relationship between the legal regime and the practical emergence of technological innovations (law and technology approach).

Personen

Beteiligte Forschende

Paolo Guarda

Forschungsschwerpunkte

Funktionen, Zielsetzungen, Werte und Wertungskriterien