FITT Toolbox: Involving Researchers in Spinoffs

664 views

Published on

Involving inventors is a clear success factor for spin-off companies. However, starting an entrepreneurial career is often perceived as a risk by researchers. Since 1999, a legal French framework allows researchers from public organisations to participate in different ways in the creation or development of companies based upon their research work. Providing job security, this framework is considered to be really favourable for researchers.

www.FITT-for-Innovation.eu

Published in: Technology
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
664
On SlideShare
0
From Embeds
0
Number of Embeds
49
Actions
Shares
0
Downloads
0
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide

FITT Toolbox: Involving Researchers in Spinoffs

  1. 1. Involving Researchers in Spin-Offs FITT – Fostering Interregional Exchange in ICT Technology Transfer – www.FITT-for-Innovation.eu Except where otherwise noted, this work is licensed under a Creative Commons Attribution 3.0 License.
  2. 2. “Innovation law”& researcher’s mobility French Law for Innovation and Research of 1999 aims at fostering the creation of innovative companies and the transfer of public research towards industry. Scope of the law covers 4 main topics: Mobility of the public research employees Cooperation between public research organization and enterprises Fiscal framework for innovative companies Legal framework for innovative companies Focus here on the mobility part, i.e. a legal framework to incite researchers to participate in the creation or development of innovative companies. 2 | April 2011 Name / Event Involving Researchers in Spin-offs
  3. 3. A substantial change for employees of public research organisationsFavourable conditions for public research employees to be involved withprivate companies exploiting their work3 | April 2011 Name / Event Involving Researchers in Spin-offs
  4. 4. 4 schemes for researchers to be involved with an innovative company4 | April 2011 Name / Event Involving Researchers in Spin-offs
  5. 5. A few requirementsEmployees of a PRO who want to be involved with a company according to the conditions described in the law must comply with the following principles: The company must exploit the research work of the employee Respect of the interests (moral & material) and functioning of the public research organisation (PRO) Respect of the research/ technical mission of the employee Contract between the company and the PRO Prior authorisation by the national Commission of Deontology for public service The National Commission of Deontology must be informed on the contracts and partnerships signed between the company and PRO (duration of the authorisation + 3 years)5 | April 2011 Name / Event Involving Researchers in Spin-offs
  6. 6. 1) Creation of a company Initial position in the PRO Articles L 413-1 to L413-7 of the Code of Research (formerly article 25.1 of the Law Ask for the autorisation of organisation and of Innovation dated from July 1999 ): Commission of Deontology BEFORE creating the company Procedure if an employee of a public research organisation wants to create Yes No a company to exploit technologies that he developped. Quit prior activity in the PRO (derogation possible for part-time teaching activities) Contract between employee and research organisation Contract between company and PRO on management of Intellectual Property) Position of « détachement » or « mis à disposition », to work for the company The employee can be a partner or manager of the company After 2nd and 4th Ask for the autorisation of the PRO & Commission of years Deontology Yes No After 6th years (maximum possible) Return to PRO Stay in the company (put an end to cooperation with and quit the PRO company within a year)6 | April 2011 Name / Event Involving Researchers in Spin-offs
  7. 7. 2) Consulting activities (“Conseil scientifique”) Initial position in the PRO Articles L 413-8, L413-10 and L413-11 of the Code of Research (formerly article 25.2 of the Law of Innovation dated from Work for the PRO Ask for the autorisation of the PRO and national Commission of Deontology July 1999 ): Procedure if an employee of a public research organisation wants to Yes No provide scientific support for a company exploiting his research work -Contract between employee and company (on content of consulting whilst remaining in the public sector activities, duration, remuneration…) -Contract between PRO and company about intellectual property matters -Scientific activity only (no management) -Consulting activities must be done outside the laboratory -No participation in the negotations between PRO & company -Not more than 20% of the time -Maximum remuneration fixed at 66 000€ per year (Gross income) Every 5 years, as long as the company Ask for the autorisation of the PRO and Commission of valorizes the research Deontology work of the employee Yes No7 | April 2011 Name / Event Involving Researchers in Spin-offs
  8. 8. 3) Participation in the administrative or advisory board of a company Initial position in the PRO Articles L 413-12 to L 413-14 of the Code of research (formerly art 25. 3 of the Law of Innovation dated from July 1999 ): Work for the PRO Ask for the autorisation of the research organisation and national Commission of Deontology Procedure if an employee of a public research organisation wants to participate in the decision board of the Yes No company. -Only remuneration possible is director’s fees (« jetons de présence »). The maximum is determined by decree. -Obligation to inform the PRO about the revenues resulting from the director’s fees, dividends or the selling of titles. Giving up the rights -Not compatible with consulting activities (« Concours scientifique ») -The participation in the capital of the society and voting rights cannot exceed 20% When the authorization has ended, the employee has 3 months to give up his rights in the company. If he Every time the wants to keep them, he must quit the term of office is PRO Ask for the autorisation of the research organisation and finished. Commission of Deontology Keeping the rights Yes No8 | April 2011 Name / Event Involving Researchers in Spin-offs
  9. 9. 4) Participation in the capital of a society Initial position in the PRO Articles L 413-9, L41310 and L413-11 of the Code of research (formerly art 25. 2 of the Law of Innovation dated from July Work for the PRO Ask for the autorisation of the research organisation and national Commission of Deontology 1999 ): Procedure if an employee of a public Yes No research organisation wants to have a participation in the capital of a society exploiting his research work -In the exercice of his activity, the employee should not have had a position of control over the company or have been involved with contracts between the company and public research services in the last 5 years. -Not possible to have a position in the top management of the company (but compatible with consulting activities) -Limit : 49% of the capital and 49% of the voting rights -Obligation to inform the research organisation about the incomes related to the participation in the capital of the company. -Contract PRO/company about technology transfer and between employee/company about the condition of participation in the capital Every 5 years, as long When the authorization has ended, as the company the employee has 1 year to conclude Ask for the autorisation of the PRO and Commission of valorizes the research his participation in the capital of the Deontology work of the employee company. Yes No9 | April 2011 Name / Event Involving Researchers in Spin-offs
  10. 10. When?Law n°99-587 of July12, 1999http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=E06C858F5BDE540E506BA53962AD884D.tpdjo06v_3?cidTexte=LEGITEXT000005628198&dateTexte=20090921Also included in the of the Code of Research (articles L 413-1 and following)http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006071190&dateTexte=20090921The content has been slightly modified since :- “Loi de programme pour la recherche” n°2006-450 (18 avril 2006):participation allowed in the capital of a company is 49% instead of 15%.- “Loi de modernisation de la fonction publique” n°2007-148 (2 février 2007):creation of a specific commission for research-related decisions.10 | April 2011 Name / Event Involving Researchers in Spin-offs
  11. 11. Who ? Persons concerned by the law:  Researchers, teachers-researchers, engineers, PhDs, technical and administrative staff from most public research organisations - EPST (Etablissements Publics à caractère Scientifique et Technique) such as CNRS, INSERM, INRA, INRIA - EPSCP (Etablissement Publics à caractère Scientifique, Culturel et Professionnel) including universities and public engineering schools developping their own research. - EPIC (Etablissements Publics à caractère Industriel et Commercial) are not concerned.11 | April 2011 Name / Event Involving Researchers in Spin-offs
  12. 12. Pros & Cons PRO’s CON’s  Strong incentive for technology transfer :  Because it is a law, this plan relies on the allows researchers (and other employees) government’s agenda. to engage in TT activities outside their  The law prevents the employees who laboratory whilst keeping the advantages of are involved in starting up companies public service. from being penalized in terms of research  Measures to promote mobility of the staff careers but there is no concrete can be adapted at a institution level (not measures. necessarily a law).12 | April 2011 Name / Event Involving Researchers in Spin-offs
  13. 13. Why?Why was the Law established?Will to foster the transfer of public research outputs to industry. The Innovation Law provides a legal context that supports the creation of innovative technology-based companies, notably by young people.What was the context?The law fit in a more general governmental action to stimulate innovation. The 1999 Law introduced other measures alongside the mobility of researchers : decision to create incubators and Technology transfer offices in each university, improvements for research tax credits...In 1999 the national award for creation of innovative companies and thematic seed funds were also introduced by the government.13 | April 2011 Name / Event Involving Researchers in Spin-offs
  14. 14. OutcomeApplications to Commission of Deontology and decisions between 2000 and 2006 From 2000 to 2006 Nbr of referrals Nbr of % of the total (7 years) agreements Art.25.1 153 133 23 Art 25.2 482 418 72 Art 25.3 36 31 5 Total 671 582 100 Average for a year 96 83 Source : Etat de la situation et bilan au 31 décembre 2006, Ministère de l’Enseignement supérieur et de la Recherche, DGRI, Juin 2007During the first years, 3/4 of the applications targeted consulting activities, nearly1/4 pertained to the creation of start-ups while the participation in the managementof the companies was less common. 14 | April 2011 Name / Event Involving Researchers in Spin-offs
  15. 15. Outcome Evolution of the number of decisions of the Commission of Deontology 2000 2001 2002 2003 2004 2005 2006 Total Decisions 93 94 138 117 67 98 77 684 % of the 14% 14% 20% 17% 10% 14% 11% 100% total Source : Etat de la situation et bilan au 31 décembre 2006, Ministère de l’Enseignement supérieur et de la Recherche, DGRI, Juin 200715 | April 2011 Name / Event Involving Researchers in Spin-offs
  16. 16. Outcome Repartition of the decisions according to job categories in 2006 Job categories Number of % of the total Number of % of agreements referrals number of agreements according to the referrals delivered by the job category Commission of Deontology University 21 27 14 67 professors University « Maîtres 15 19 11 73 de conférence » Research Director 18 23 18 100 « Chargé de 11 14 11 100 recherche » Research engineers 2 3 2 100 Others 10 13 9 90 Total 77 100 65 Source : Etat de la situation et bilan au 31 décembre 2006, Ministère de l’Enseignement supérieur et de la Recherche, DGRI, Juin 200716 | April 2011 Name / Event Involving Researchers in Spin-offs
  17. 17. Suggested Readings Link to bibliographyG.D. Markman, P.T. Gianiodis, P. H. Phan, D.B. Balkin, Entrepreneurship from the Ivory Tower: Do Incentive Systems Matter? Journal of Technology Transfer, Vol.29, no 3-4, August 2004Académie des sciences, Rapport du groupe de travail sur la loi 99-587 du 12 juillet 1999 Innovation et recherche, 1st February 2010 http://media.enseignementsup-recherche.gouv.fr/file/2010/45/9/rapport_Academie_des_sciences_Loi_inno_136459.pdfMinistère de l’Education supérieure et de la Recherche, Recherche et développement, Innovation et partenariats, Rapport 2008 http://media.enseignementsup-recherche.gouv.fr/file/inov_et_rech_techno_-_rapports/90/5/Bilan_SETTAR_23dec09_131905.pdfMinistère de l’Education supérieure et de la Recherche, Innovation et recherche technologique, état de la situation et bilan au 31 Décembre 2006 http://www.enseignementsup-recherche.gouv.fr/cid21238/etat-de-la-situation-et-bilan-au-31-decembre-2006.html Link to code bookMobility; Law; Entrepreneurship; Career; Spin-off; Consulting activity; Motivation Link to related websites Integral text of French Code of Research (see articles L 413-1 and followings)http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006071190&dateTexte=20090921 Webpage on the 1999 Law on Innovation and Research, Ministry of Higher Education and Researchhttp://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006071190&dateTexte=20090921 17 | April 2011 Name / Event Involving Researchers in Spin-offs

×