Legal Models for the Use of University/Research Organisation Intellectual Property in Startup Formation: A Comparative Analysis (EU, France, United Kingdom, Usa, Ukraine)

Анотація

This article examines legal mechanisms for the use of IP of HEIs/PROs in startup formation in the EU, France, the United Kingdom, and the US. It is shown that the principal models include: (a) a licence agreement between HEIs/PROs and a startup; and (b) a combined model whereby, in addition to a licence agreement and royalties, HEIs/PROs acquire an equity stake (shares), either in consideration for the licence or in lieu of upfront payments. It is further shown that model (c)—the assignment of IP rights as an in-kind contribution to share capital—is generally not used in practice. In Ukraine, model (b) is not provided for by law. Model (c) has not developed due to budgetary constraints requiring the transfer of 70% of dividends and 100% of proceeds from the sale of an equity stake to the state budget (equivalent to a 70–100% levy), as well as restrictions on the privatisation of state-owned shares in startups. The article proposes adapting Ukrainian legislation to contemporary international practice.

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