Technology transfer and IP in Hungary - with special regard to universities and other public research organisations András Jókúti Hungarian Intellectual Property Office Belgrade, 30 October 2012

Content  Facts about the research system in Hungary – The structure of science management in Hungary – Most important higher education institutions – The Hungarian Academy of Sciences  Certain knowledge transfer figures – Science and innovation profile of Hungary – R&D expenditure – Number and ratio of R&D employees  The knowledge transfer performance – IPR performance of PROs in Hungary – IPR performance of universities  Regulatory background of IP management in HU – IP management of PROs in Hungary – Innovation Act – Consequences of Innovation Act  HIPO and technology transfer  Challenges and recommendations TAIEX Workshop ▪ Belgrade, 30/10/2012 2

Science management in Hungary  : National Research Innovation and Science Policy Council (terminated in July 2012)  Financing issues currently covered by the Government Committee of National Development  Advisory Board for Innovation (working for the MNE)  Hungarian Academy of Sciences  Higher Education Technology and Knowledge Transfer Forum (formed on 17 October 2012) – mission: TT awareness raising, sharing of knowledge, common methodology – members: any willing higher education institution may join – permanent invitees: HITA, HIPO, NIO, MNE  R&D&I related calls for application (EU funding, managed by the National Development Agency) – Innovative start-ups, R&D&I umbrella projects, market-oriented R&D activities (industrial property call currently on hold) – R&D certification from HIPO or novelty search taken into account TAIEX Workshop ▪ Belgrade, 30/10/2012 3

Higher Education Institutions TAIEX Workshop ▪ Belgrade, 30/10/ Szécheny István University in Győr University of Western Hungary in Sopron University of Veszprém College of Dunaújváros University of Pécs Eötvös Loránd University Budapest Technical University Budapest Technical College Szent István University in Gödöllő Kecskemét College University of Szeged Eötvös József College in Baja University of Miskolc University of Nyíregyháza University of Debrecen

Hungarian Academy of Sciences TAIEX Workshop ▪ Belgrade, 30/10/ Main responsibilites:  supporting and representing various scientific fields  distributing scientific results  establishing connection between Hungarian and international research Organisation:  15 research centres and institutes  subsidised research units at universities

Science and innovation profile of Hungary _______ Hungary: _______ OECD average: Source: OECD STI Outlook 2010 TAIEX Workshop ▪ Belgrade, 30/10/2012

R&D expenditure in Hungary Source of R&D funding (2011):  Government: 38,1%  Enterprises: 47,5%  Financed by abroad: 13,4% TAIEX Workshop ▪ Belgrade, 30/10/2012

Number and ratio of R&D employees by sectors TAIEX Workshop ▪ Belgrade, 30/10/2012 8

IPR performance of PROs in Hungary TAIEX Workshop ▪ Belgrade, 30/10/ IPR activity Patent applications (national route) Applications filed by HAS Applications filed by other PROs

IPR performance of universities I TAIEX Workshop ▪ Belgrade, 30/10/ Service inventions and patent applications ( )

IPR performance of universities II TAIEX Workshop ▪ Belgrade, 30/10/ Commercialization of IPRs at universities ( )

IP management of PROs in Hungary  2004 Innovation Act – PROs shall adopt an intellectual property rights management policy (IPR Policy) to become entitled to apply for subsidies and to transfer the intellectual property to a spin-off – setting up a legal framework for spin-off companies – PRO-employed researcher can work for a spin- off company – a guide to facilitate the elaboration of individual IPR Policies – [since 2012: R&D evaluation service at HIPO] TAIEX Workshop ▪ Belgrade, 30/10/

Consequences of Innovation Act  PROs set up internal IP policy – Positive: addressing the most basic issues obligatory for researchers to know basics of IP – Negative: forced condition, not internal initiative lack of experience with wording it right  HIPO’s guide with setting up standard IP policy  Establishing TTOs at PROs – primarily at universities – mostly State financed or EU support (2010 grants for regions) TAIEX Workshop ▪ Belgrade, 30/10/

NPO challenges in providing TT support  Technology transfer is a very complex field 14 TT Marketin g Intellectu al Property Law Business Planning Economy Business Managem ent Most NPO’s expertise is concentrated on IP and law TAIEX Workshop ▪ Belgrade, 30/10/2012

HIPO’s situation in technology transfer  Role is not clearly defined by law  No background/history of cooperation/support of PROs in this field  Unknown territory with a lot of uncertain factors  Limited financial and human resources 15 TAIEX Workshop ▪ Belgrade, 30/10/2012

HIPO’s approach to TT  Acknowledging the importance of TT  Supports the country’s economic development  Contributes to the utilization of research results generated from public money  Contributes to the life of the greater public  Well understood self interest in motivating patenting activities TT is unwritten priority for HIPO 16 TAIEX Workshop ▪ Belgrade, 30/10/2012

Fields of HIPO services to support TT 17 IP services Enabling Awareness TAIEX Workshop ▪ Belgrade, 30/10/2012

Raising awareness  Awareness activities for researchers and students  Training of TTO staff  Intermediate/advanced level IP course  Database trainings  Support in writing university’s internal IP booklet 18 TAIEX Workshop ▪ Belgrade, 30/10/2012

IP services  Professional advice on IP matters within cooperation frameworks  Standard IP services bundled on reduced price for TTOs  Novelty Search  Preliminary Patentability Report  Validity Search  Freedom to Operate Search 19 TAIEX Workshop ▪ Belgrade, 30/10/2012

Enabling services  Development of standard IP pre- assessment methodology  pre-screen inventions and decide on the next steps  quick but thorough  helps putting together documentation for patent filing  Support with IP management documentation  invention form  standard contracts  standard license agreements 20 TAIEX Workshop ▪ Belgrade, 30/10/2012

Development of enabling services  TTO pilot project  gain experience with the help of EPO’s expertise and financial support  access to best practices of other countries  lessons learnt help re-focus activity  Co-operation with PRO TTOs in Hungary  co-operation framework with universities defined by annual work plan  participation at regular meetings of Hungarian TTOs  organization of conferences in the field of TT for TTOs 21 TAIEX Workshop ▪ Belgrade, 30/10/2012

Bigger picture: expected results  Make the present service offering standard  certain elements are in test phase  need to be available for all PROs  Further develop the present service portfolio based on best practices  Extend the cooperation to more universities  Develop stronger cooperation with PROs with the help of this new link 22 TAIEX Workshop ▪ Belgrade, 30/10/2012

Challenges and recommendations Difficulties and challenges for PRO TTOs  Funds are running out – no alternative resources  Time was too short not enough for TTOs to gain solid ground not enough to build relationships, networks  Weak ties to economy  No trained TT professionals no history/background rooted in the culture and economy of the country TAIEX Workshop ▪ Belgrade, 30/10/

Challenges and recommendations Difficulties of the management of PROs’ IP on a national level – shortage of dedicated funding, majority of PRO R&D funding is based on state grants – direction of development is determined by state grants not institutional initiatives – often restructured system to finance and manage the research field – lack of TT focused education = lack of TT professionals – system of TTOs is fragmented, lack of critical mass, resulting in inefficiency – legal regulation for spin-off companies is not in accordance with the international practices TAIEX Workshop ▪ Belgrade, 30/10/

Challenges and recommendations Difficulties of the management of PROs’ IPR on an institutional level – the protection of the rights of the inventors is not properly defined – institutional regulations were formally set up but did not change past habits – regulations are not clear about the IP rights of PhD students either during or after their studies – legal relations (especially licenses) are not clear, creating legal disputes – reward system to motivate the inventors is inadequate [though remuneration for service inventions is higher than the international average – approx. 30% of revenues against 3-5% or (lump sum + „bestseller clause”)] – no measures to sanction underperformance in research work – insufficient level of IP knowledge among researchers (early publication is favoured against patenting) – conflict of interest – effect of private funding on research results in the absence of a financial disclosure statement TAIEX Workshop ▪ Belgrade, 30/10/

Thank you for your attention!