Summary
Among the important points that emerge from this case study are the following:
- In a relevant way, it is worth mentioning that it is necessary to make timely mention by the interested parties of the scope of said technological developments, not only of the technical and economic feasibility (essential points for the start of a technological project), but also of the organizational and techniques required by the work group to which the project is assigned. A fundamental basis in a project directed from basic research to technological development are the considerations related to the university-company link, which are the researchers' own interactions, which provide the experience and knowledge essential for such research projects.Industrial property and intellectual property play a vital role in the entire process of technological research and development; It is the one that will provide the security padlock required for proper industrialization.
Problem Statement
The case that concerns us with intellectual property rights is of special interest, because it is an important and decisive conditioning factor for technological development and knowledge.
In particular, it is required that all the actors that have to do with technological development and innovation, mainly development institutions, universities, institutes and public and private research laboratories and even those of transnational companies consider that the links of science, technology and society are especially relevant in the countries of the world and they should participate in international forums with proposals in this regard.
The management and promotion of these networks, either by institutions or by governments, can only be successful based on a knowledge of how they work, their system of incentives and rewards, as well as the way in which they feed back.
objective
Making use of the experience in the generation of knowledge in various areas by higher education institutions, it is intended to establish an agreement model where industrial and intellectual protection strategies are analyzed and proposed that help to maintain the confidentiality of innovations. technologies derived from research in this type of public organizations.
Work hypothesis
By analyzing a case of technology transfer from UNAM to a food company and justifying technological innovation as a creative process resulting from research, it is possible to determine types and strategies of industrial protection for its commercialization.
Methodology
To consider:
- Basic research, applied research and technological development carried out in Higher Education Institutions (HEI) in Latin America and Mexico Situation of the University-industry link (linkage models) Situation of Intellectual Property (IP) in the IES (national situation). Characteristics of 1 + 0 agreements with companies (focused on the food area). Development and design of an agreement model that ensures the IP of the research carried out in the IES at the national level.
Linkage results
It is observed that university work in scientific and technological innovation has an impact on the productive system and development of the country, and in this regard it should be noted that its importance is not limited to obtaining new products or processes, but encompasses exchange, dissemination and use of these, that is, the transfer of new technology and inherent knowledge.
The rector and senior university managers must play a successful and visible leadership role in the operation of the outreach program; They must also ensure that the program has the appropriate administrative infrastructure, resources, supports and academic and financial incentives.
Relations between higher education institutions and the productive sector, such as project pricing, quality control and management of intellectual and industrial property, must be ordered in accordance with applicable general administrative policies, standards and procedures. to the entire institution, but the nature and intensity of the ties will vary according to the academic unit, discipline, and profession involved.
As can be seen, one of the fundamental factors of the link between universities and the productive sector is constituted by the mechanisms through which scientific and technological knowledge can flow between both sectors.
Characteristics of innovative activities and R&D
| RISK LEVEL E
PRODUCTS OR PROCESSES |
MEDIUM | New products and processes | Formulas, plans, designs,
prototypes, etc. |
| ADAPTATIONS AND IMPROVEMENTS | LOW | Changes »incremental»
on knowledge existing |
Technical report,
Instructions of manufacturing, etc. |
The process of transferring and scaling up technological innovation (technological package).
- RAW MATERIAL (PM), modifications and specifications required to obtain the required product.THE PROCESS, where a large part of the innovation rests, properties are inserted in a singular way that offer the characterization of the product.OPERATIONS, particular operating conditions that cause The identification and differentiation of the product THE EQUIPMENT, which proposes a new distribution and arrangement of the machinery necessary for the transformation of the PM THE PRODUCT where new specifications are observed regarding the intrinsic characteristics THE PRICE, which will be a function of all the previous parameters and taking into account the demand and the products obtained from various formulations.
Invention protection clauses
It is considered that a good knowledge of the industrial property system, in particular the protection of developments and improvements or innovations in technology through patents (of product and / or process), utility models and industrial designs, Ie It will allow companies to improve their competitiveness and their penetration in the markets with the diversification of products and with higher quality.
Types of clauses of the binding agreements in reference to IP:
- They will jointly enjoy the rights granted by the laws on intellectual property, both in the Mexican Republic and abroad. The results obtained may be used in their academic tasks. "The IP derived from work carried out will be subject to the applicable legal provisions, recognizing the participation of those who have intervened in carrying out the same." "The parties agree to acknowledge each other. mutually the IP rights that each one has over patents, trademarks, models or industrial drawings and copyrights, forcing them to keep them in force during the execution of this agreement ”.
Copyright clauses
"The ownership of the DAs in their patrimonial aspect will correspond to the party (s) who have carried out the work that is the subject of publication, giving it due recognition."
“The ownership of the DAs derived from the activities that are the object of this document will correspond to the IES; because 10 the counterpart may not use them without the prior written authorization of the same.
Confidentiality
"The parties will keep confidentiality regarding the activities that are the subject of this agreement in cases where it is considered necessary."
"The parties agree that all the technical and financial information handled as a result of the execution of this instrument will receive strictly confidential treatment until the resulting technology has been duly protected."
"All drawings, designs, specifications and any other technical information related to the projects covered by this instrument will be confidential and may not be sold, transferred or disclosed under any circumstances."
Conclusions
The translation of new knowledge into production techniques or new products requires creative abilities and commercial talent that go beyond mere scientific originality.
It requires, among other things, a practical and business vision of researchers, sufficient resources, in addition to the ability to manage, within the work team made up of academics and industrialists, the key roles for the success of a project: the leader, the scientist, the informant, the entrepreneur and the sponsor.
As points to consider in the university-industry link, there are some differences that on certain occasions cause serious altercations between both parties and that in most cases end with the dissolution of the agreements.
These differences are fundamentally observed in the mission, interests and objectives of the two organizations; To reduce the risk of differences of opinion, conditions of cooperation must be established before the start of activities to avoid conflicts.
