Introduction of scientific developments: the top do not want, the bottom can not
WHO WANTS – LOOKING FOR WAYS
Michael is found, STRF.ruThe commercialization of promising developments possessed by state institutions of science and education is extremely sluggish, and the reason here is not in the current legislation, but in the unwillingness and inability of developers to look for convenient and legal forms for the implementation of the results of scientific and technical activities (RNTD).
This is the opinion of Valery Borisovich Zhelezny, Vice-Rector for Innovation at the International Academy of Assessment and Consulting.
You claim that even the existing legislation allows state scientific institutions to commercialize promising developments. How?– The current legislation prohibits state institutions of science and education from establishing commercial organizations, economic societies.
But it is not prohibited to establish non–profit organizations, whether they are non-profit partnerships (one of the ways may be the establishment of a non-profit partnership by an institute and developers as individuals - ed.) or associations. In turn, no one prohibits established non-profit organizations from establishing commercial ones!
According to the law "On Non-Profit Organizations", their founders do not have the right to receive any income from them. You can quite calmly employ your employees (developers, for example) in commercial societies established by non-profit organizations, and commercialize the results wonderfully. But nothing will get into your pocket! So the question is not that "I can't", but that "I don't want to".
Will the founder be able to control the activities of a non-profit organization?- Yes.
According to the law, in addition to the general meeting of founders and the executive body, a collegial permanent management body may be established in a non-profit organization.
But what is the point of scientific institutions to establish non-profit organizations if they will not be entitled to claim income from their intellectual property?– If I am not mistaken, then according to the Civil Code, all state institutions are under operational management.
And the status of operational management excludes the ownership of a legal entity. All this property belongs to the owner, i.e. the founder – regardless of the form in which it is established – whether it is a state institution established by the state or a private institution established by private individuals. As soon as the status of operational management is present, then everything that the institution has earned belongs to the owner (strictly by law). So what kind of commercialization, and what kind of property are we talking about? Initially, there is, from my point of view, a misunderstanding. There is a significant difference – both scientific institutions and educational institutions employ people who may have their own intellectual property – their developments and so on. But this is not the property of the institution, and not even the property of the owner who founded the institution! But everything that the institution does within the framework of research and development, even if not for budget money, but for private ones – in theory, the institution, as a form provided for by the Civil Code, cannot belong at all.
This is an old story: there is supposedly a very sweet pie somewhere, and if, God forbid, I give up my rights to this piece of pie, I will lose terribly…
But, it turns out, you claim that government decree No. 685, which secured the rights to the RNTD received with budget money, is an empty paper for the performers?– And what does the 685th resolution, issued back in November 2005, say?
It states that certain departments – the Ministry of Education and Science, the Ministry of Finance and others – were instructed to develop a procedure for transferring rights to the results of scientific and technical activities to development organizations (including standard forms of contracts on the terms of disposal of rights to the results of scientific and technical activities obtained from the federal budget, concluded by the chief administrator or the administrator of budgetary funds federal state institutions of science – ed.).
And where is this order? In three and a half years appeared? There is no such order! Because the option proposed by the Ministry of Finance, which never saw the light, imposed such encumbrances on those who would like to get ownership of the rights to the results of scientific and technical activities that "it's easier to shoot yourself." And the fact that the assignment of rights to performers has been declared does not mean anything yet.
Therefore, instead of hoping for a piece of the virtual pie, the management of the institute, together with the developers, can create a non-profit organization and transfer intellectual property there, for example, for temporary use, in the form of a gratuitous loan. And that, in turn, can create a commercial one. For example, an innovative enterprise in the form of a joint-stock company with an authorized capital of as much as ten thousand rubles. If the innovative project does not go ahead, this property can be withdrawn back, and the joint-stock company can simply be liquidated under a simplified bankruptcy procedure. Only, again, no one just wants to do anything.
By the way, the institutes of the Russian Academy of Sciences, in my opinion, already have the right to register intellectual property for themselves…– Yes, in agreement with the RAS.
The State delegated the relevant powers to the Academy. But, I'm afraid, this is only a minus.
I have repeatedly expressed my proposals on commercialization opportunities in the presence of the highest representatives of the Russian Academy of Sciences on innovation, including Vice President Sergey Aldoshin. But I don't see academic institutions establishing non-profit organizations en masse.
To what extent and how quickly, in your opinion, will the adoption of a draft law allowing state institutions of science and education to establish economic societies and contribute intellectual property created within their walls as a contribution to the authorized capital change the situation?– For a state institution that operates on the rights of operational management, the situation with the creation of commercial organizations is very, very unpleasant.
After all, what are we talking about? That, first of all, small enterprises in the scientific and technical sphere will be established, that is, those that will "lead" innovative projects. And the founder should give them something, for example, intellectual property. I am now leaving out the question of how a state institution it has issued these rights to itself. Now imagine: according to world statistics, at best, five percent of the development results reach a form suitable for commercialization. And of these five percent, a maximum of a tenth will eventually be commercialized. Everyone else is dying on the way, because the risks, the amount of funding were incorrectly assessed, and the work with the team of authors was conducted incorrectly… Any number of reasons! This means that, with a high degree of probability, a bankrupt enterprise will "hang" on a state institution, which needs to be closed. But this enterprise will have intellectual property, and the state institution will certainly spend some funds on it. And how will it report to the state, answer the unpleasant question "Where is the money and property?"?
In addition, our universities, for example, simply do not have competent managers who could engage in commercial activities, much less innovative entrepreneurs. Such a task has never been faced by universities before. Where to get these people? Most likely, to specially train or hire someone from the outside and test and test for the skill level. This, at least, will take time.
Portal "Eternal youth" www.vechnayamolodost.ru15.04.2009