This document discusses the need for a paradigm shift from "innovation follows research" to "research follows innovation". It analyzes different countries' approaches to research, development and innovation. France aims for "decompartmentalization" between universities, industry and hospitals to foster cross-fertilization. The European Union recognizes that more must be done to convert knowledge into commercial opportunities and close the innovation gap. Overall, the document argues that societies must adapt more quickly to change and place greater emphasis on applying research and developing innovations to tackle societal challenges.

1. Subject: Protection of
research results. Intellectual
and industrial property
rights
Compulsory cross-disciplinary core courses
ACTIVITY 4 > Block 3

2. Professor:
Manuel Desantes
University Professor in International Private Law

3. Towards a paradigm shift: from
“innovation follows research” to
“research follows innovation”
What to do about the innovation gap?
And what has this got to do with industrial and
intellectual property?
A play in four acts, with an overture
and an epilogue

4. Contents
0. Crisis and change
1. Defining the question: R&D&i in times of
crisis? Or R&D&i to tackle the crisis?
2. What innovation? And therefore, what
research?
3. The role of intellectual and industrial
property
4. And society? The necessary paradigm shift
5. Conclusions - epilogue

5. The disertatio
• Overture: crisis and change: tools to rethink the paradigm. Society’s
new values
• Act one: define the question: research, development and innovation
(R&D&i) in times of crisis? Or research, development and innovation
(R&D&i) to tackle the crisis?
• Act two: What innovation? And therefore, what research?
• Act three: The role of intellectual and industrial property
• Act four: And society? The necessary paradigm shift
• Epilogue (personal)

6. Overture; crisis
and change:
tools to rethink
the paradigm.

7. Ways to tackle a crisis
What not to do

8. Ways to tackle a crisis
What to do

9. “The budget must be balanced, the Treasury must
be replenished, the public debt must be reduced
and the arrogance of public officials must be
moderated and controlled... for Rome to avoid
bankruptcy. People must again learn to work, rather
than living at the expense of the State” (Marco Tulio
Ciceronis, 55 BC)

10. In-Novation
The “homo faber”, “engineer”, “inventor” or
“artisan” as a symbol of the Renaissance
“Educated men should have no qualms about going to shops to
ask and learn from craftsmen about the skills of their
profession, because wise men have long disdained this realm
and as a result have no knowledge of an incalculable
expanse of things that are so important for life”
(Luis Vives)

11. Only crises open the way for change

12. It is during crises that people
demonstrate their commitment...

13. Thesis:
The failure to metabolise the culture of change
will leave us hopelessly... obsolete

14. A new society, new values
 Possess information - Share information
 Retrieve information - Disseminate information
 Local vision - Global (or glocal?) vision
 Enduring technology - Changeable technology
 Primacy of price - Primacy of talent and knowledge
 Concerts - Symphonies
 Producer - Consumer
 Super specialisation - Super flexibility
 Preserve - Change
 Production of tangible goods - Primacy of intangible assets

15. Everything changes. And you?
• Was a crisis necessary in order to see the need for change?
• Was it sustainable to not consider your future in a context of change?
• Do you really think that we live in a new society? Does this dictate your
future?
• What are your weaknesses?
• Where are your strengths?
• How will all this affect your doctoral thesis?

16. I am convinced...
• That there is an urgent need to recognise and internalise the fact that
society advances faster than we can adjust to.
• That we are still striving to go back to doing what we used to do...
without realising that we live in a completely different society.
• That is essential to reflect on the values of this new society and on the
opportunities it generates.
• That only those who understand this powerful message will be in
control of the future.
• That we must react: now is the time to create!

17. The driving forces of the new society
1. The pace of change
2. Risk management
3. The systemic nature of the crisis (global, European, national, provincial, local)
4. The knowledge paradox
5. Leadership
6. Power

18. Act one:
defining the
question

19. • Research, development and innovation in times of crisis?
R&D&i
or
• Innovation, development and research to tackle the crisis?
i+D+R
Act one: defining the question

20. Research, Development, Innovation or
Innovation, Development, Research?
How can we cross-fertilise these three
concepts?

21. Frascati Manual (2002) and Oslo Manual (3rd
ed., 2005)
• The knowledge triangle
 Research
 Development
 Innovation

22. Research: systematic search for new
knowledge
• Basic
• Applied
The same strategy?
A different strategy?

23. Innovation: implementation of a new
product, process, marketing strategy or
organisation, or a significant
improvement of the same.

24. Innovation
• Innovation has an economic value - utility
• Innovation is a combination of utilities:
 functional (scientific or technological)
 emotional
 social
• Innovation is magic

25. Innovation
• Innovation implies that the more useful something is, the more economic
value it has.
• Innovation creates jobs and increases the GDP.
• Product innovation, service innovation - innovation models.
• Do we have an innovation model in Spain?

27. Development: the bridge between research
and innovation (publication, patent,
prototype)

28. Development: intellectual and industrial
property as assets
• More assets, more research?
• More assets, more innovation?

29. Frascati Manual (2002) and Oslo Manual
(3rd ed., 2005)
• Research: systematic search for new knowledge.
• Development: the bridge between research and innovation
(publication, patent, prototype).
• Innovation: implementation of a new product, process, marketing
strategy or organisation, or a significant improvement of the same.

30. Act two: what
innovation? And
therefore, what
research?

31. Second act: What innovation? And therefore,
what research? - The paradigm shift

32. Global Innovation Index 2015
Conclusions:
1. Europe is becoming increasingly fragmented and austerity policies have
magnified the differences:
1. Northern Europe (Sweden, Finland, Denmark) and Switzerland
2. Central Europe: Germany, the Netherlands, the UK, France
3. Southern Europe: Italy, Portugal, Spain
2. New countries are rapidly joining the new dynamics of innovation with their
own models: China, India, Vietnam.
3. Some countries have managed to create “innovation ecosystems” capable of
generating synergies in the “magic triangle” (education, research, innovation):
Switzerland, Singapore, Malta, New Zealand, Israel. This is the key to
success.
4. Innovation professionals are in the ascendant. The importance of having a
critical mass of professionals .

33. Japan: a nation based on intellectual
property

34. France
• Decompartmentalisation: openness, mutual enrichment, cross-
fertilisation

35. François Hollande at the Pasteur Institute on the 15
November 2012:
“I have asked Geneviève Fioraso, Minister of Higher
Education and Research, to propose, in a draft law to
be presented in spring 2013, practical measures and
legal solutions which enable better organisation of our
research. The keyword will be
decompartmentalisation”

36. François Hollande at the Pasteur Institute on the 15
November 2012:
• “I call for decompartmentalisation between all forms of research
- basic, interdisciplinary, applied – so that each is enriched by
the others.”
• “I call for decompartmentalisation between universities, renowned
schools, research, industrial and hospital centres, as well as
decompartmentalisation between public and private research, so that
each can learn from the others.”
• “This is a priority for the State. All stakeholders must, without
exception, commit to this task, which will encompass all French
territory.”

37. François Hollande at the Pasteur Institute on the 15
November 2012:
• “To look beyond ourselves is to look towards Europe.
The Horizon 2020 programme aims to consolidate and
expand the common research area. I entreat our
researchers and institutions to take this new
dimension of funding seriously and to participate in
European calls”

38. And Europe?

39. COUNCIL DECISION of 6 October 2006
on Community strategic guidelines on cohesion
(2006/702/EC)
“Within Europe, the innovation gap persists, as the Union too
often fails to transform knowledge and technological
development into commercial products and processes.”

40. Proposal for a REGULATION OF THE EUROPEAN
PARLIAMENT AND THE COUNCIL establishing the
European Institute of Technology COM(2006) 604
final
“But Europe is falling short in filling the innovation gap and in developing
an integrated knowledge triangle – education, research and innovation.
There is general agreement that the main weakness faced by the EU in
the innovation area lies in its limited capacity to convert knowledge
outputs into commercial opportunities. Moreover, most Member
States, albeit with different intensities, encounter difficulties in promoting
an innovation and entrepreneurial culture in research and education”.

41. Proposal for a REGULATION OF THE EUROPEAN
PARLIAMENT AND THE COUNCIL establishing the
European Institute of Technology COM(2006) 604
final
“There is broad consensus in the Union on the need to take urgent action to
develop conditions conducive to a better exploitation of the commercial
potential of innovation and knowledge policies, as a key to deliver stronger
and lasting growth”.

42. OPEN LETTER SIGNED BY 42 NOBEL LAUREATES
AND FIVE FIELDS MEDALLISTS - 23.10.2012 Science
for European prosperity
On the eve of the meeting to discuss the EU budget for 2014-2020, renowned
scientists called upon the heads of State and Government to give their
unflinching support to science.
• “It is often said that every crisis also presents an opportunity. The current
crisis forces us to make decisions, and one of those choices is about
science and its support.”
• “Europe can ill afford to lose its best researchers. Europe is at the forefront of
science in many areas. Transforming this knowledge into innovative new
products, services and industries is the only way to provide Europe with a
competitive edge in today’s rapidly changing global landscape and to ensure
Europe’s long-term future prosperity.”

43. A top priority for Europe: secure the EU
research and innovation budget!
• Letter that was circulated on the Internet on 23.10.2012 - more
than 200,000 signatures:
“We are convinced that Europe's future depends on making optimal use
of its scientific talent for the benefit of science and society”

44. Conclusion of act two
• It is not possible to design a research policy without a previous policy
on innovation.
• The use of public resources in applied research and its results must be
constantly monitored in terms of innovation and wealth creation.
• There are no more free drinks all round. Public resources should not be
invested in non-oriented applied research.

45. Act three: the
role of industrial
and intellectual
property

46. Act three: the role of industrial and
intellectual property
• Patents
• Trademarks
• Designs
• Copyrights
46/8

47. What has happened in recent years in
the patent system?
47/8

48. Towards a new social contract?
• Society has changed.
• There are new values.
• The world of patents will not stay the same as it is today. It will
change. It is already changing. It is your responsibility to live with
change.
• In this new society, the key word is KNOWLEDGE. There is no
other way to achieve knowledge than through education.
48

49. • Economic and social perceptions of patents are rapidly
changing.
• The classic nineteenth-century concept of ''monopoly'' is
becoming increasingly outdated.
ONLY A PATENT SYSTEM THAT TRULY FOSTERS
INNOVATION, COMPETITIVENESS AND DEVELOPMENT IS
HEADED IN THE RIGHT DIRECTION
49/8

50. • The different participants in the system will become increasingly interdependent.
• Patents can no longer be studied in isolation, but rather in connection with other economic
policies.
• Patents must become tools in the service of innovation and competitiveness.
CHALLENGES:
HOW TO IMPROVE CONNECTIONS WITH OTHERS
HOW TO INCREASE QUALITY AND EFFICIENCY
50/8
Consequently

51. • Information technology has become the cornerstone of national and
regional innovation, competitiveness and information technology policies.
• Only inventions that truly add value should be granted a patent. Raising the
bar.
• A large number of high quality patents in a country or region is a critical
factor for their development.
• The exclusive right that a patent grants should have a reasonable duration:
no more, no less.
• The patent system should pay more attention to society's needs.
• Patent offices must become a driving force for innovation.
• Courts are crucial to ensure balance in the system.
51/8
The seven principles of the social
contract

52. Act four: and
society?
The necessary
paradigm shift

53. Changing society (I)
1. We have lived far too long in a scientific fridge. It is time for a change
in mentality. No more “buts”, no more “let others do the inventing”.
2. All the elements for this change are already in place. No more
playing in the third division. Let's embrace power!
3. To do this, we must optimise our efforts and improve efficiencies,
because resources are scarce. There are no more free drinks all
round.
4. To do this, we must combine forces and understand that everyone's
contribution is necessary. Everyone’s. Including yours. The time for
isolated researchers is over.
5. Welcome to the culture of effort. Shout it from the rooftops: work and
knowledge dignify us.

54. A new culture... of effort (Lluís Llach)
“Faith is not to hope, faith is not to dream, faith is a painful struggle for today and tomorrow.
We cannot hope to harvest wheat without sowing, we cannot hope that the tree will bear fruit
without pruning it. We must work, we must water... even if our very bones hurt.
Let’s bury the night, let’s bury fear, let’s push away the clouds that prevent us from seeing the
light. We need to see clearly, the road is long, and there is no more time for mistakes.
We must go forward, without losing our footing, we must water the Earth with the sweat of our
hard work. Let’s make flowers bloom every day.”

55. Venture to dream (Joan Baptista Humet)
“We must build the well and the barn anew
and learn again to walk
Make the sun our ally, paint the peeling stove
and breathe again
We must pull down the barriers, create new ways
and erect another truth
And if there is still some time, put our faces to the wind
and venture to dream”

56. Changing society (II)
6. Welcome to the culture of interdisciplinary teams.
7. Welcome to the partnership of researcher and entrepreneur.
8. Welcome to the flow of intellects in a global world.
9. Welcome to vision and leadership. Leadership is service.
10.Acts such as this are fundamental to cement this conviction. Our future
depends on it and this is how we must paint the future for our children.
In my opinion.

57. “I looked through the binoculars... The portrait of the bearded man, in front of me, who
saw it all and delivered the Iberian people from their inherent inferiority about
science, scrutinising and immobile, presiding over the lack of guinea pigs. His
all-encompassing smile, liberating us from inferiority, explains - comprehends - the
lack of credit. Poor people, poor people. Who can never aspire again to the Nordic
prize, to the smile of the high king, to dignity, to the good life of the sage who in the dry
peninsula expects brains and rivers to bear fruit?”
Luis Martín Santos, Tiempo de silencio (1962)
And Spain?

58. Global Innovation Index 2015
• There are seven pillars:
 Institutions,
 Human capital and research,
 Infrastructure,
 Market sophistication,
 Business sophistication,
 Scientific outputs,
 Creative outputs.
• Spain performs well in the first three and very poorly in the last four - why?

59. • Spain’s polytechnic universities have obtained more national patents than any other
kind of Spanish university. Heading the list of the IUNE Observatory ranking is the
Polytechnic University of Catalonia (UPC), followed by the Polytechnic University of
Valencia (UPV) and the Polytechnic University of Madrid (UPM).
• The Polytechnic University of Catalonia (UPC) was granted more national patents
between 2002 and 2010 than any other Spanish university. With 212 patents, the
UPC is ahead of the rest for this technology transfer indicator employed in the report
prepared by the IUNE Observatory.
The polytechnic universities, Spanish leaders
in patents - 8 May 2012

61. Spain, innovation, patents
SPAIN

62. European patents granted in 2008
(country of origin)
1. USA: 12733
2. Germany: 13498
3. Japan: 10917
4. France: 4804
5. United Kingdom: 1974
6. Switzerland: 2420
7. Italy: 2258
8. Holland: 1936
9. Spain: 418

63. Patents per million inhabitants

64. International patents per million
inhabitants

65. Siemens: protecting success
• In 2014, Siemens presented 4,300 patent applications around the
world, 15% more than in 2013.
• The total number of active patents grew from 51,300 in 2010 to 53,300
in 2014. By January 2016, there were around 58,000.

66. Is there an innovation gap or not?

67. A portrait
• The worlds of research and innovation do not speak to each other.
• Neither do the worlds of development and innovation.
• The R&D funding system is still modelled on basic research.
• The Research Results Transfer Office (OTRI) - or how to try to transfer
once knowledge has been obtained.

68. There has been a paradigm shift

69. What about technology transfer
contracts?

70. What about technology transfer
contracts?
• Revenue from licences (IUNE report) 2006-2010 - total for 5 years
 UPV € 2,533,000
 UPM € 930,000
 UAM € 758,000
 UA € 649,000

71. A new profession: inno-mediator

72. • The Centre’s mission is to increase the impact of MIT technologies in
the marketplace and to ensure that good ideas become a reality, by:
 Promoting the earliest stages of technology development with grant
funding.
 Connecting MIT’s inventors with the business community
(particularly in New England) via symposia, education and other
efforts.
 Tying MIT’s technological research into market needs.
The Deshpande Centre: committed to
bridging the Innovation Gap

73. What about the Administration?

74. But let's not forget that once we were a
scientific power...

75. Ferdinand of Aragon
“We have in our time Ferdinand of Aragon, the present King of Spain.
He can almost be called a new prince, because he has risen, by
fame and glory, from being an insignificant king to be the foremost
king in Christendom”
Niccolò Machiavelli

76. Charles I: the scientific revolution
• The prevalence of experience over the criteria of authority, the desire
to learn new things, the recovery of Greek and Roman knowledge, the
practice of eyewitness observation of nature or living beings, including
humans (autopsy)... is largely due to the contribution of Spanish
philosophers and scientists, who introduced scientific humanism.
• In addition, the discovery and colonisation of America radically
changed how people saw the world.
• This laid the foundations for the European scientific revolution of the
17th century.

77. Philip II: “To rule, we need science.”
Science, a State concern.
Imperial science.
Philip II’s advisers:
Juan de Herrera (architect)
Pedro de Espinel (mathematician)
Juan López de Velasco (cosmographer)

78. Spain, a global scientific power in the 16th
century
Scientific humanism: “autopsy”, a crucial aspect of research policy
Consequences:
- Medicine was transformed into a science
- Cosmography (geographers and artists) was transformed into a science
- Statistics was transformed into a science
- Geography was transformed into a science
- Geometry was transformed into a science
- Engineering was transformed into a science
- Botany was transformed into a science
- Forestry was transformed into a science
- Alchemy was transformed into a science
- Architecture was transformed into a science

79. Spain, a global scientific power in the 16th
century
The Spanish contribution: from a closed world to an
infinite universe, the cosmos
“As a result, there was an extraordinary expansion of Europeans’
knowledge about the composition of the atmosphere, the distribution of
climates, perpetual snow, volcanoes, earthquakes, the laws of magnetism,
the currents and infinite new forms of animals and plants” (Humboldt).

80. Spain, a global power in the 16th century
• What would have happened if Spain had led the field in the
dissemination of knowledge (printing)?
• What would have happened if Spain had had an innovation policy?
• What would have happened if Spain had not witnessed a decline?

81. The decline
“The glorious fruit of civilisation, pure science only ripens
once the vital foliage, which is its respiratory organ, has
attained a luxuriance that outlasts it well into the autumn
of decadence; but the Spanish decline cast frost over the
entire organism in full Renaissance spring, before the
flowers of the new science could bloom; and the after
new blooms of the 18th and the 20th centuries, strong
gales postponed hope.”
Inaugural speech of Julio REY PASTOR, on admission to the Academy of
Sciences (1920).

82. What happened?
• The Spanish conducted research in the 16th century.
• The Dutch and the British innovated in the 17th century...

83. What’s happening today?

84. What about universities?
• A change in the social model is not possible without a change in the
university model.

85. University missions: teaching
• What teaching? Learning by rote or understanding?
• Have we as teachers really adapted to a “human material” that
has changed and has other values?
• Or do we try to shape it to our liking?
• Are students aware of how much society invests in them?

86. University missions: research
• Are we clinging onto a world of free drinks all round, in an intellectual hubris of
I’ll research what and how I like, based on improvisation?
• Have we adapted to the National Plan for Research - if it exists ?
• Do we have priorities in our work?
• To what extent is there collaboration between research and the private sector?
• Do vice-chancellors have priorities?
• What is the real purpose of a doctorate?

87. University missions: knowledge transfer
• Integrating universities into the social fabric
• Identifying our surrounding society's priorities
• Relevance of the laws of science, technology and innovation
• Parameters for measuring results
• Universities and the marketplace of ideas: intellectual property

88. A new society that values knowledge
• There are no other ways to ensure knowledge:
 education
 information
 innovation
 cooperation.

89. A society that does not educate does not
have a future

90. It is time for action

91. Conclusions
• A university in splendid isolation or a network of universities?
• Universities with national networks or international networks?
Local or global?
• Insular universities or universities integrated in their
environment?
• Bureaucratic universities or efficient universities?

92. Epilogue
(personal)

93. Epilogue - conclusions (mine)
• Let’s say it like it is: in our countries, the worlds of research and
innovation still do not speak to each other.
• Universities must think very seriously about their contribution to society
in a world that has radically changed.
• The current model is inefficient: we conduct research first and only
afterwards attempt to transfer the results.
• Applied research must follow the lead of innovation, not the reverse.
Let's change the paradigm!
• All this has evident consequences when conducting a doctoral thesis.

94. Manuel Desantes
manuel.desantes@ua.es
University Professor in International Private Law
Former Vice-President of the European Patent Office