Involving Researchers in Spin-offs



                             FITT
(Fostering Interregional Exchange in ICT Technolog...
“The Innovation law”& the mobility for researchers


 French Law for Innovation and Research of 1999 aims at fostering th...
A substantial change for the employees of public
                        research organisations




 Really favourable co...
4 schemes for researchers to be involved with an
                 innovative company




4 | 19.02.2010                  N...
A few requirements


 The employees of a PRO who want to be involved with innovative companies according
  to the conditi...
1) Creation of a company


                                                      Initial position in the PRO
             ...
2) Consulting activities (“Conseil scientifique”)


                                                   Initial position in...
3) Participation in the administrative or advisory board
                                       of a company

            ...
4) Participation in the capital of a society


                                                     Initial position in th...
When?


Law n°99-587 of July12, 1999 published in French “Journal Officiel” dated from July 12, 1999,
modifying the art. ...
Who?


 Who is concerned by the law:
  Researchers, teachers-researchers, engineers, PhDs, technical and
   administrati...
Where?


  Applicable in most public research organisations:

       - EPST (Etablissements Publics à caractère Scientifi...
Pros & Cons


                        PROs                                                         CONs



      Strong i...
Why?


 Why was the Law established?
The French government was not satisfied by the transfer of the results of public res...
Outcome



                       Applications to Commission of Deontology and decisions between 2000 and 2006

          ...
Outcome



                         Evolution of the number of decisions of the Commission of Deontology


               ...
Outcome

                                     Repartition of the decisions according to job categories in 2006

         J...
Plans for the future


• Will the best practice be continued/changed/adapted?
• If so, in what way will it be continued/ch...
Lessons Learned


 Looking back now, what would you …
     • … do different?
     • … improve?
     • … recommend to othe...
Suggested Readings

 Link to bibliography
G.D. Markman, P.T. Gianiodis, P. H. Phan, D.B. Balkin, Entrepreneurship from th...
Upcoming SlideShare
Loading in …5
×

Toolbox Involving Researchers In Spin Offs Ppt Final

829 views

Published on

Published in: Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
829
On SlideShare
0
From Embeds
0
Number of Embeds
5
Actions
Shares
0
Downloads
0
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Toolbox Involving Researchers In Spin Offs Ppt Final

  1. 1. Involving Researchers in Spin-offs FITT (Fostering Interregional Exchange in ICT Technology Transfer) www.FITT-for-Innovation.eu
  2. 2. “The Innovation law”& the mobility for researchers  French Law for Innovation and Research of 1999 aims at fostering the creation of innovative companies and the transfer of public research towards industry.  The scope of the law is wide and covers 4 main items:  Mobility of the human resources  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 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  3. 3. A substantial change for the employees of public research organisations  Really favourable conditions for public research employees to be involved with private companies exploiting their work ! 3 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  4. 4. 4 schemes for researchers to be involved with an innovative company 4 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  5. 5. A few requirements  The employees of a PRO who want to be involved with innovative companies according to the conditions described in the 1999 Innovation law must comply with the following generic 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 or technical mission of the employee  Absence of risks endangering the independency and neutrality of the PRO  Drafting of a contract between the company and the PRO  Prior authorisation of the PRO 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 PROs (duration of the authorisation + 3 years) 5 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  6. 6. 1) Creation of a company Initial position in the PRO 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 Ask for the autorisation of organisation and of Innovation dated from July 1999 ): Commission of Deontology BEFORE Commission of Deontology BEFORE creating the company creating the company Procedure if an employee of a public research organisation wants to create Yes Yes No No a company to exploit technologies that he developped. Quit prior activity in the PRO (derogation possible for part-time teaching Quit prior activity in the PRO (derogation possible for part-time teaching activities) activities) Contract between employee and research organisation Contract between employee and research organisation Contract between company and PRO on management of Intellectual Property) Contract between company and PRO on management of Intellectual Property) Position of « détachement » or « mis à disposition », to work for the company Position of « détachement » or « mis à disposition », to work for the company The employee can be a partner or manager of 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 years Ask for the autorisation of the PRO & Commission of Deontology of Deontology Yes Yes No No After 6th years (maximum possible) Return to PRO Return to PRO Stay in the company Stay in the company (put an end to cooperation with (put an end to cooperation with and quit the PRO and quit the PRO company within a year) company within a year) 6 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  7. 7. 2) Consulting activities (“Conseil scientifique”) Initial position in the PRO Initial position in the PRO Articles L 413-8, L413-10 and L413-11 of the Code of Research (formerly article Ask for the autorisation of the PRO and national Ask for the autorisation of the PRO and national 25.2 of the Law of Innovation dated from Commission of Deontology Commission of Deontology July 1999 ): Procedure if an employee of a public research organisation wants to Yes Yes No No provide scientific support for a company exploiting his research work -Contract between employee and company (on content of -Contract between employee and company (on content of whilst remaining in the public sector consulting activities, duration, remuneration…) consulting activities, duration, remuneration…) -Contract between PRO and company about intellectual property -Contract between PRO and company about intellectual property matters matters -Scientific activity only (no management) -Scientific activity only (no management) -Consulting activities must be done outside the laboratory -Consulting activities must be done outside the laboratory -No participation in the negotations between PRO & company -No participation in the negotations between PRO & company -Not more than 20% of the time -Not more than 20% of the time -Maximum remuneration fixed at 66 000€ per year (Gross income) -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 Ask for the autorisation of the PRO and valorizes the research Commission of Deontology Commission of Deontology work of the employee Yes Yes No No 7 | 19.02.2010 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 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 ): Ask for the autorisation of the research organisation Ask for the autorisation of the research organisation and national Commission of Deontology Procedure if an employee of a public and national Commission of Deontology research organisation wants to participate in the decision board of the Yes Yes No No company. -Only remuneration possible is director’s fees (« jetons de -Only remuneration possible is director’s fees (« jetons de présence »). The maximum is determined by decree. présence »). The maximum is determined by decree. -Obligation to inform the PRO about the revenues resulting from -Obligation to inform the PRO about the revenues resulting from the director’s fees, dividends or the selling of titles. the director’s fees, dividends or the selling of titles. -Not compatible with consulting activities (« Concours -Not compatible with consulting activities (« Concours Giving up the rights Giving up the rights scientifique ») scientifique ») -The participation in the capital of the society and voting rights -The participation in the capital of the society and voting rights cannot exceed 20% cannot exceed 20% When the authorization has When the authorization has ended, the employee has 3 ended, the employee has 3 months to give up his rights in the months to give up his rights in the Every time the company. If he wants to keep company. If he wants to keep term of office is them, he must quit the PRO finished. them, he must quit the PRO Ask for the autorisation of the research organisation Ask for the autorisation of the research organisation and Commission of Deontology and Commission of Deontology Keeping the rights Keeping the rights Yes Yes No No 8 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  9. 9. 4) Participation in the capital of a society Initial position in the PRO Initial position in the PRO Articles L 413-9, L41310 and L413-11 of the Code of research (formerly art 25. 2 of Ask for the autorisation of the research organisation Ask for the autorisation of the research organisation the Law of Innovation dated from July and national Commission of Deontology and national Commission of Deontology 1999 ): Procedure if an employee of a public Yes Yes No 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 -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 of control over the company or have been involved with contracts between the company and public research services in the last 5 years. 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 -Not possible to have a position in the top management of the company (but compatible with consulting activities) compatible with consulting activities) -Limit :: 49% of the capital and 49% of the voting rights -Limit 49% of the capital and 49% of the voting rights -Obligation to inform the research organisation about the incomes related to -Obligation to inform the research organisation about the incomes related to the participation in the capital of the company. the participation in the capital of the company. -Contract PRO/company about technology transfer and between -Contract PRO/company about technology transfer and between employee/company about the condition of participation in the capital employee/company about the condition of participation in the capital Every 5 years, as long as When the authorization has When the authorization has the company valorizes the ended, the employee has 1 year ended, the employee has 1 year Ask for the autorisation of the PRO and Ask for the autorisation of the PRO and research work of the to conclude his participation in to conclude his participation in Commission of Deontology Commission of Deontology employee the capital of the company. the capital of the company. Yes Yes No No 9 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  10. 10. When? Law n°99-587 of July12, 1999 published in French “Journal Officiel” dated from July 12, 1999, modifying the art. 25 of the law n°82-610 of July 15, 1982 (Orientation and Programmation for technological Research & Development) http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=E06C858F5BDE540E506BA53962AD884D.tp djo06v_3?cidTexte=LEGITEXT000005628198&dateTexte=20090921 Also included in the of the Code of Research (articles L 413-1 and following) http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006071190&dateTexte=200909 21 The content has been slightly modified since : - “Loi de programme pour la recherche” n°2006-450 (18 avril 2006): the limit regarding the participation in the capital of a company went from 15 to 49%. - “Loi de modernisation de la fonction publique” n°2007-148 (2 février 2007): creation of a specific commission for research-related decisions. 10 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  11. 11. Who?  Who is concerned by the law:  Researchers, teachers-researchers, engineers, PhDs, technical and administrative staff Credit: Microsoft Office 11 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  12. 12. Where?  Applicable in 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) such as CEA are not concerned. 12 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  13. 13. Pros & Cons PROs CONs  Strong incentive for Technology Transfer : allows researchers (and other empoyees) to  Because it is a law, this plan relies on the government’s agenda. engage in TT activities outside their laboratory whilst keeping the advantages of  The law is supposed to prevent the public service. employees who are involved in starting up companies from being penalized in terms  Measures to promote mobility of the staff can of research careers but since there is no be adapted at a institution level (not concrete measures, there is a risk that this necessarily a law). Lobbying towards principle is not put into practice. decision-making persons is a decisive point. 13 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  14. 14. Why?  Why was the Law established? The French government was not satisfied by the transfer of the results of public research to industrial products or services. The Innovation Law was adopted to reverse this trend and provide a legal context that fosters the creation of innovative technology companies, notably by young people, whether they be researchers, students or employees.  What was the context? The law fit in a more general governmental action to stimulate the dynamism of enterprises in the field of research. The 1999 Innovation 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. 14 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  15. 15. Outcome Applications to Commission of Deontology and decisions between 2000 and 2006 From 2000 to 2006 Nbr of referrals Nbr of agreements % of the total (7 years) 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 2007  Between 2000 and 2006, almost ¾ of the cases targeted consulting activities, nearly ¼ pertained to the creation of start-ups while the participation in the management of the companies was less common. The number of civil servants eager to create a company based on their research work has dropped significantly: from 30 cases/ year in average to approximately10 since 2004. Staff from PROs seem more reluctant to quit their status of civil servant and consider in priority other ways to transfer technologies. 15 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  16. 16. Outcome Evolution of the number of decisions of the Commission of Deontology 2000 2001 2002 2003 2004 2005 2006 Total Nombre 93 94 138 117 67 98 77 684 d’avis % 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 2007 After 4 years of increase, the number of referrals (i. e civil servants from PROs asking to benefit from one of the schemes : creation, consulting activities, participation in the capital or in a board) has decreased and tends to stabilise. 16 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  17. 17. Outcome Repartition of the decisions according to job categories in 2006 Job categories Number of referrals % of the total number Number of agreements % of agreements of referrals delivered by the according to the job Commission of cathegory Deontology University professors 21 27 14 67 University « Maîtres de 15 19 11 73 conférence » Research Director 18 23 18 100 « Chargé de recherche » 11 14 11 100 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 2007  Applications come from different backgrounds careers levels. Quite logically, researchers are predominant in this classification, with 84% of the total for this year. The remaining 16% represent applications coming from administrative and technical staff. 17 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  18. 18. Plans for the future • Will the best practice be continued/changed/adapted? • If so, in what way will it be continued/changed/adapted? The Innovation law is a result of a governmental action and the French Ministry of Higher Education and Research has not announced changes of the law in its current form. However, the Ministry has recently commissioned the Académie des Sciences to perform a study of this scheme and to draw recommendations to improve it. The conclusions of the Académie des Sciences were issued in February 2010 (see Suggested Readings). The law may be modified in the future. 18 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  19. 19. Lessons Learned  Looking back now, what would you … • … do different? • … improve? • … recommend to others? The Innovation law is a result of a governmental action and this information is not available. 19 | 19.02.2010 Name / Event Involving Researchers in Spin-offs
  20. 20. Suggested Readings  Link to bibliography G.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 2004 Académie 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.pdf Ministère 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.pdf Ministère 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 book Mobility; 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 Research http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006071190&dateTexte=20090921 20 | 19.02.2010 Name / Event Involving Researchers in Spin-offs

×