A failed encounter between science and business: On the commercialization research results

Abstract

The article discusses the concept of the commercialization of the results of scientific activities, as contained in the Polish Law on Higher Education and Science. The aim of the article is to identify the legal barriers to the dissemination of knowledge created at public universities to the socio-economic environment. Although the law clearly prefers the model under which public universities acquire the rights to intangible assets created by their employees as a result of scientific activities, and consequently their commercialization (both direct and indirect), it does not exclude situations where the results of scientific activities belong to their creators. The law certainly reflects certain efforts by the Polish legislator, fitting into the discussion about the need and models for disseminating knowledge created by universities, which is considered a desirable phenomenon that serves social and economic development. However, the final assessment of the model and the provisions contained in this law is negative. The lack of consistency with the legal norms contained in acts such as the Industrial Property Law or the Copyright and Related Rights Act, the ill-considered solutions, and the poorly written provisions, create barriers rather than facilitate the dissemination of knowledge created at public universities. Although the solutions contained in the Law on Higher Education and Science are undoubtedly the result of the Polish legislator’s search for an effective model for disseminating knowledge, there is no doubt that it requires changes. The article uses the dogmatic-legal method to analyse the provisions of binding law.