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Technology Commercialization: Russian Challenges, American Lessons (1998)
Office of International Affairs (OIA)

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. "Legal Issues of Special Concern to Technology Commercialization." Technology Commercialization: Russian Challenges, American Lessons. Washington, DC: The National Academies Press, 1998.

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to do so, and institutes that have remained fully functional should, of course, be encouraged to continue with their work.

We learned that the Russian government is undertaking a program to certify institutes as legitimate research establishments. Such efforts undoubtedly will result in some dislocations of personnel, and programs must be developed to aid such persons. However, using some institutes merely as mechanisms for delivering partial financial support and social services to scientists is pointless and a serious waste of resources. Even direct financial aid to unemployed scientists, channeled perhaps through the Russian Academy, would be preferable because a clear distinction could be made between funds that are supporting actual research and funds that are providing social services.

The government must provide an environment in which well-managed institutes and start-up companies can flourish. The most difficult challenge may be to explicitly relax control of the institutes and the production facilities. The institutes, after all, were home to some of the Soviet Union's most closely guarded secrets. In modern Russia, the institutes are highly visible to the government and obvious targets for taxes and controls. Legislation that could affect new start-ups, particularly tax and import/export controls, should be specifically evaluated for its impact on investment, business development, and entrepreneurship in Russia.

As noted above, many of the institutes that we visited consider current Russian intellectual property laws adequate, but they add that the Russian legal system as a whole cannot be used to effectively protect intellectual property rights. The challenge is to develop a legal system that is accessible to individuals and small private entities and that can be seen to operate at least honestly if not predictably. This problem, which goes well beyond the scope of the committee's study of technology commercialization, should be considered well worth a separate study.

International contracting practices, business development, entrepreneurship, and standardization pose less serious problems. Facility in these areas can be taught. The solution, in one sense, is as simple as identifying appropriate people at the institutes to receive training and ensuring that they receive proper training. Because many scientists are not sure how they are expected to operate in the new environment and some, at least, hope for a return to the more structured environment of the past, the real challenge is to reorient and restructure the institutional leadership so that entrepreneurial personalities can rise to the top and lead their organizations into the future.

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Front Matter (R1-R10)
Perspective From a University with an Industry-Funded Research Program (1-7)
Commercializing University Technology (8-15)
Legal Issues of Special Concern to Technology Commercialization (16-23)
An Industrial Perspective on Technology Commercialization in the 1990s and Beyond (24-32)
Research, Technology Development, and Commercialization (33-40)
View from a National Laboratory (41-43)
The Role of Industrial Institutes in Creating and Maintaining Russia's Industrial Potential (44-49)
Problems of Taxation and Technology Commercialization in Russia (50-54)
Commercialization of Scientific and Technical Developments at Higher Education Institutes (55-59)
Development of Legal Regulations for Technology Commercialization in Russia (60-66)
Commercializing for the Polymer Industry: The Experience of an Academy Institute (67-74)
The Main Problem in Commercialization of Scientific Research Results (75-84)
Areas of Further Consideration (85-88)
Appendix A: Workshop on Technology Commercialization Agenda (89-90)
Appendix B: Excerpts from the Bayh-Dole Act (91-98)
Appendix C: Excerpts from the National Competitiveness Technology Transfer Act of 1989 (99-104)
Appendix D: Commercializing Technology (105-106)
Appendix E: U.S. Patent Law Provisions that Promote University-Based Patenting and Technology Transfer (107-111)
Appendix F: Description of the Centennial Campus (112-113)
Appendix G: Innovation Research Fund (114-115)
Appendix H: First Flight Venture Center (116-116)
Appendix I: NIST Advanced Technology Program (117-119)
Appendix J: The Industrial Research Institute, Inc. (120-121)
Appendix K: NSF Industry/University Cooperative Research Centers Program (122-128)
Appendix L: U.S. Tax Policy Issues (129-132)
Appendix M: University Unrelated Business Income Policy (133-134)
Appendix N: Visits in Russia and the United States (135-138)