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Science and Public Policy, 44(4), 2017, 565–577

doi: 10.1093/scipol/scw086
Advance Access Publication Date: 10 January 2017
Article

A comparison of university technology transfer


offices’ commercialization strategies in the
Scandinavian countries
Lars Bengtsson*
Department of Industrial Management and Logistics, Faculty of Engineering LTH, Lund University, 221 00 Lund,
Sweden
*Corresponding author. Email: lars.bengtsson@iml.lth.se

Abstract
Many European countries have followed the American example by changing the intellectual property
laws governing university technology transfer from university inventorship to university ownership.
The Scandinavian countries have chosen different paths as Denmark and Norway changed their laws
in favor of university ownership, while Sweden retained its university inventor laws. This longitudinal
study shows increasing technology transfer organization (TTO) capacity in all three countries regard-
less of change in intellectual property rights (IPR) framework or not. Danish and Norwegian TTOs
increased their use of the license commercialization strategy, with variations at the TTO level, while
the Swedish universities TTOs have maintained their use of the spin-off commercialization strategy.
The relative use of the two commercialization strategies, licensing and spin-offs, is indirectly influ-
enced by the IPR framework, and more directly by the designs of the policy intent of the university
technology transfer system, the government funding system, the TTOs access to business develop-
ment resources and competence, and monitoring of the university TTOs.
Key words: technology transfer, licensing, spin-off, governance, academic entrepreneurship

1. Introduction include an increase in the number of lower quality patents (Czarnitzki


et al. 2008), TTOs relying too much on transactions-focused
In order to strengthen the flow of university related technolog ical
approaches (Weckowska 2015) and indications of TTOs being sur-
knowledge into the development of commercialized products, many
passed by individual academics (Fini et al. 2010). To date, little research
European countries have followed the American example by changing
has been done on the effects of different university technology transfer
from laws that favors university inventor intellectual property rights
IPR regulations on the two major commercialization strategies: spin-
(IPR) to laws favoring university ownership IPR (Geuna and Rossi
offs (Kenney and Patton 2011) and licensing (Markman et al. 2005).
2011). University inventor IPR (sometimes referred to as professor’s While the overall trend in Europe has been to adopt university own-
privilege) means that publically-funded research developments or results ership IPR regulations of technology transfer, there are considerable dif-
are owned by the researcher(s) and not by the institution where the re- ferences between the governance systems of European universities,
search is carried out, while university ownership IPR means that the in- including exemptions or dual systems in their country laws (Geuna and
stitution employing the researcher(s) own(s) the research results (Geuna Rossi 2011). There are also differences in terms of relevant university
and Rossi 2011). While there is widespread agreement that the univer- capabilities, such as the competencies and practices of TTO personnel
sity is crucial to the national innovation system, there is still consider- (Resende et al. 2013), academic inventors experience of patenting (Von
able debate regarding the consequences and effects of different Proff et al. 2012) and business development resources, such as incuba-
university technology transfer IPR regulations (Kenney and Patton tors and science parks (Markman et al. 2005). Consequently, the effects
2009, 2011; Grimaldi et al. 2011; Doganova 2013). Previous research of different university technology transfer IPR regulations may vary de-
has shown that introduction of university ownership IPR regulation pending on the particularities of the whole university technology trans-
generates investments in university-owned support systems, such as fer regime.
technology transfer organizations (TTOs)1 and other similar units The Scandinavian countries (Denmark, Norway, and Sweden)
(Geuna and Rossi 2011), including an increase in university initiated pa- provide a quasi-experimental opportunity to compare the effects of
tent applications and university-owned patents (Siegel et al. 2007; changing from one IPR framework to another and the development
Valentin and Jensen 2007; Lissoni et al. 2009). Unintended effects over time. These countries are, in many ways, institutionally similar

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566 Science and Public Policy, 2017, Vol. 44, No. 4

with comparable languages, cultures, legal systems, and welfare 2007). Others, however, have observed a more complex pattern
structures. Moreover, in all three countries, the higher education characterized by decreased government funding to universities,
system is almost entirely funded and operated by the state. increased external funding, scientific breakthroughs in biomedicine
Nevertheless, in the field of university technology transfer IPR regu- and computer sciences (Grimaldi et al. 2011), and the rise of the
lations, they have chosen different paths. Denmark (since 2000) and entrepreneurial scientist (Etzkowitz 1983, 2003). The university
Norway (since 2003) have chosen to change their country laws to ownership regime, made possible by the Bayh–Dole Act, has been
support university ownership technology transfer IPR, whereas seen as the best governance mechanism with which to commercialize
Sweden has retained university inventor IPR. Moreover, Denmark research (e.g. OECD 2003). Most European countries have now
chose to start an entirely new TTO system, while Norway restruc- changed their laws from university inventor IPR to university own-
tured their existing TTO system. In Sweden, the TTO system origi- ership IPR, albeit with exceptions and in some cases with dual coun-
nating from the mid-1990s has been restructured several times. try laws (Geuna and Rossi 2011).
In order to analyze the effects of the introduction of the university Changing to university ownership IPR strengthens the university
ownership technology transfer IPR and other related changes in policy, support structures (Geuna and Rossi 2011; Siegel et al. 2007), espe-
government support, TTO capabilities and monitoring this article com- cially through the founding or expansion of a university TTO. The
pare the development of the university TTO capacity and the two major TTO specializes in handling disclosed inventions, protecting the IPR
university technology transfer commercialization strategies—licensing of the invention, applying for patents, licensing intellectual property,
and spin-off strategies—in the three countries. The study shows increas- and assisting in spin-off processes. Most research has indicated that
ing TTO capacity in all three countries regardless of change in IPR university ownership has resulted in an increase in the output of pa-
framework or not. Danish and Norwegian TTOs increased their use of tent applications, university-owned patents, and license deals for
the license commercialization strategy but with variation between indi- European universities (Geuna and Rossi 2011; Lissoni et al. 2009;
vidual university TTOs. The Swedish universities’ TTOs have main- Siegel et al. 2007; Valentin and Jensen 2007) and a corresponding
tained their use of the spin-off commercialization strategy in the studied increase in the number of personnel (Lawton Smith and Ho 2006).
time period. The relative use of the two commercialization strategies, In countries where they have retained the university inventor IPR,
licensing and spin-offs, is only indirectly influenced by the IPR frame- academic researchers are free to choose their own technology trans-
work, and more directly by the designs of the policy intent of the univer- fer mechanisms. In such countries, as in Sweden, most technology is
transferred to industry via direct deals between the researcher and
sity technology transfer system, the government funding system, the
an established company or is spun off by the researcher without in-
TTOs access to business development resources and competence, and
volvement from the university (Jacobsson et al. 2013) despite the
the monitoring of the university TTOs. All these factors form a coun-
fact that the researcher has the opportunity to use the services of a
try’s university technology transfer regime that influences the size and
university TTO. Under university inventor IPR there should be weak
strategic behavior of the university TTOs.
incentives for the university to expand its TTO or similar support
The propositions developed in the article are based on previous
structures. Consequently, the pattern of academic researchers trans-
empirical studies and data on university technology transfer systems.
ferring directly to industry or starting a firm (cf. Damsgaard and
A collection of secondary data has been performed of six out of
Thursby 2013) by themselves would remain more or less the same
eight university TTOs in Denmark and Sweden and all university
while staying with the university inventor IPR. Hence, based on pre-
TTOs in Norway during the time period of 2004–13. Thus, it is a
vious research the first proposition states:
total population study of Norwegian university TTOs and a near
Proposition 1. University TTOs in countries, here Denmark and
total population of Danish and Swedish TTOs. Thus, no statistical
Norway, changing from university inventor IPR to university owner-
significance tests are necessary in order to confirm or refute the
ship IPR will expand their capacity more than university TTOs in
propositions. The empirical data is limited to the three countries’
countries retaining the university inventor IPR, here Sweden.
university technology transfer systems and cannot be readily gener-
The TTOs in the USA that operate under university ownership
alizable to all European university technology transfer systems. On
IPR have primarily focused on licensing, as it is believed to bring
the contrary, given the variation of the European university technol-
quicker returns and to carry less risk than spin-offs (Markman et al.
ogy transfer IPR regulations (Geuna and Rossi 2011) the aim is in-
2005; Litan et al. 2008). The annual survey by the Association of
stead to further develop the middle range theory of university University Technology Managers (AUTM 2013) of American TTOs
technology transfer and better guide future empirical inquiries. has also verified this pattern, showing that the number of active li-
The rest of the article is structured in the following way. First, I censes (43,295) was about ten times the number of active spin-offs
provide a brief review of previous research and develop propos- (4,206) in 2013.
itions. Second, I describe the theoretical framework and empirical Kenney and Patton (2011) found that North America’s only uni-
context of this study. Third, I explain the method used to collect versity with university inventor IPR (Canada’s University of
data from the Danish, Norwegian, and Swedish university TTOs. Waterloo) outperformed five similar US universities in creating spin-
Fourth, I present the descriptive statistics and results. The article offs over the same period (1957–2009), despite it being ranked
ends with a discussion of research contributions and implications lower in world rankings, having less R&D expenditure, and having
for policy and further research. fewer faculty.
A similar pattern is observable in the TTOs from five European
countries surveyed by Piccaluga et al. (2012). Danish, Irish, Spanish,
2. Previous research and proposition
and UK universities all operate under the university ownership IPR,
development whereas Italian universities operate under the university inventor
The Bayh–Dole Act introduced in 1980 has been heralded as the pri- IPR. In Piccaluga et al.’s study (2012), Italian TTOs reported the
mary reason for the development of a more entrepreneurial and lowest number of licenses, both in terms of actual numbers and rela-
innovation-oriented university (Shane 2004; Drucker and Goldstein tive to its number of TTOs, and the highest number of spin-offs per
Science and Public Policy, 2017, Vol. 44, No. 4 567

TTO compared to the other four countries. Italy was the only coun- ownership IPR with access to internal business development compe-
try to report more spin-offs than licensing deals (almost three times tencies and complementary business development support capabil-
as many). The other four countries reported significantly more ities will use the spin-off strategy more predominantly than
licensing deals than spin-offs. In Denmark and the UK, the number university TTOs without access to such business development
of spin-offs was less than 10% compared to the licensing deals. capabilities.
Under a legal framework of university ownership, Baldini (2010)
finds that a greater share of royalties given to the inventor researcher
and the university department is associated with a higher patent ac-
tivity for the university. Under a legal framework of university 3. The university technology transfer regime—
inventorship individual academic researchers can trade research
the legal framework government policies and
knowledge directly to companies for money, research grants, access
TTO structures in Denmark, Norway,
to equipment and facilities, or any other form of compensation they
find attractive (Jacobsson et al. 2013). In this way, the academic re- and Sweden
searcher can negotiate more flexible types of compensation than a The regulations regarding the IPR ownership of research knowledge
university TTO could under university ownership IPR. If the aca- are important while studying the strategic behavior of university
demic researcher is more entrepreneurial, he or she may consider the TTOs. However, several researchers in the field (e.g. Geuna and
spin-off option to be more attractive. In such a case, turning to a Muscio 2009; von Ledebur 2009) have emphasized that university
TTO might be appropriate, especially if the TTO has the requisite IPR regulations is only one part of a wider university technology
capabilities to assist in the start-up process with little or no upfront transfer regime. The regime also includes the traditions of university
cost to the researcher. involvement in IP issues, university bylaws and how strongly the
Perkmann and Walsh (2007) classifies licensing as having a low IPR regulations are enforced (Geuna and Rossi 2011), the existence
extent of relational involvement, that is, being predominantly trans-
of university TTOs prior to change in university IPR ownership (von
actional, and academic entrepreneurship as having a medium rela-
Ledebur 2009), the public investment in new university TTO struc-
tional involvement. This classification is verified by an empirical
tures (von Ledebur 2009), the collaboration and co-localization
study of TTO personnel in the UK and France and their rating of
with complementary technology transfer infrastructures such as sci-
work related to licensing and spin-offs in terms of transactional and
ence parks, incubators and seed funds (Jacob et al. 2003), govern-
relational governance (Alexander and Martin 2013). Weckowska
ance practices of the university TTOs (Baldini 2009), and
(2015) finds in her study it difficult for TTOs with transaction-
focused practices to learn relational-focused practices and thus to competence profile of the TTO employees (Weckowska 2015).
effectively assist in more relational activities such as supporting Thus, while studying the university technology transfer systems in
spin-offs. detail in different countries they all have unique characteristics and
Based on previous research, university TTOs in countries chang- dynamics (cf. Geuna and Rossi 2011).This is also the case for the
ing from university inventor IPR to university ownership IPR are ex- three Scandinavian countries.
pected to focus more on licensing deals and less on spin-offs than Regardless of changes in university IPR regulations, all three
those in countries retaining university inventor IPR. Hence, the se- Scandinavian countries, along with other Western European coun-
cond and third propositions state: tries, have implemented support policies for university technology
Proposition 2. University TTOs in countries, here Demark and transfer and generally embraced the ideas of ‘third mission’ activities
Norway, changing from university inventor IPR to university owner- and the entrepreneurial university model since the mid-1990s
ship IPR will increase the level of licensing compared to university (Geuna and Rossi 2011). With this common background the three
TTOs in countries retaining the university inventor IPR, here Scandinavian countries have constructed university technology
Sweden. transfer regimes with their own unique characteristics and dy-
Proposition 3. University TTOs in countries, here Denmark and namics. Geuna and Rossi (2011) have categorized the Danish and
Norway, changing from university inventor IPR to university owner- Norwegian system as belonging to a group of European countries,
ship IPR will reduce the level of spin-offs compared to university along with Germany, Finland, and Austria, with weak traditions on
TTOs in countries retaining the university inventor IPR, here university IP management that has changed from inventor owner-
Sweden.
ship to university ownership. In their (Geuna and Rossi 2011) cat-
The effects of university technology transfer IPR on the choice of
egorization, Sweden has a unique position as having a weak
spin-off or licensing strategy could be affected by the TTO’s access
tradition on university IP management and retained the inventor
to internal and complementary capabilities for business develop-
ownership system. While the Danish and Norwegian university tech-
ment, such as incubators, science parks, and seed funds (Markman
nology transfer system share the weak tradition and the change of
et al. 2005). The licensing strategy primarily requires access to com-
the legal framework they differ in many other ways regarding their
petencies and training in business law and patent practices (Lawson
and Sterzi 2014), as well as science and technology, integrated into university technology transfer system as will be discussed below.
transactions-focused commercialization practices (Weckowska Moreover, there are also some commonalities between the
2015). The spin-off strategy, on the other hand, requires competen- Norwegian and Swedish transfer system even though their legal
cies in business development and support capabilities for the start- framework is quite different. In the following, the characteristics of
up and early growth phases, such as incubators, science parks, and the three Scandinavian countries’ university technology transfer sys-
seed funding, integrated into relational-focused commercialization tems will be presented in Sections 3.1–3.4. This will form the theor-
practices (Weckowska 2015). Thus, the fourth proposition states: etical framework used in the analyzing and interpretation of the
Proposition 4. University TTOs in countries, here Denmark and results when the empirical material is confronted with the
Norway, changing from university inventor IPR to university propositions.
568 Science and Public Policy, 2017, Vol. 44, No. 4

3.1 IPR and policy intent investigation in 2001 was ‘to encourage teachers and researchers to
Prior to changing the legal framework in Denmark and Norway, the exploit their research results’ (Nygårds and Blomgren 2006: 7).
three Scandinavian countries had exemptions in their patent laws re-
garding employee inventions. The act regarding the property right to 3.2 Government financing and local innovation system
employee inventions and its university employee exemption became In Denmark, the TTO system was built from scratch. Previously,
law in Sweden in 1949, in Denmark in 1955, and in Norway in there had been publically funded commercialization units located at
1970. While all three countries share the same general objective, to six regional science parks, but these were independent of the univer-
maximize the dissemination and commercialization of research from sities and operated according to a mission of regional high-tech sec-
the university sector (Stenvik 2009), they now differ when it comes tor development. Assisting in the transfer of university research
to the legal frameworks governing university technology transfer. knowledge was not the priority. The new Danish TTO system was
In Denmark, a new law regarding university commercialization, designed without any links to the preexisting regional science park
‘Forskerpatentloven’, was issued in 1999 and came into effect in system. In fact, the Danish universities were forbidden to start busi-
2000. The main policy intent was to strengthen the relations be- nesses or foundations for technology transfer as well as co-own sci-
tween the universities and industry. The new law clearly regulates ence parks unless they got special approval from the Parliament
the IPR of universities and other higher education organizations (OECD 2003). The new law specified the TTO to be an internal uni-
(Stenvik 2009). Under the law, the academic researcher is obligated versity unit. The Technical University of Denmark (DTU) is the only
to disclose a patentable invention immediately. The university then Danish university that has received special approval to co-own a sci-
has 2 months to declare to the researcher whether it intends to take ence park (Scion DTU) and some specialized commercialization ser-
over the IPR or allows the researcher to retain the rights. If it takes vice companies (Bioneer A/S, Preseed A/S). For the first 7 years of
over the IPR, the university must work actively for the invention to the new system (2000–06), the government allocated a total of 58
come to fruition. The university assumes all of the costs for patent million DKK (around 8 million USD) to establishing and developing
applications and other types of protection. The researcher has the TTOs at the eight universities. Apart from a special government pro-
right to receive compensation as determined by the individual uni- gram, running from 2006 to 2012, which enabled the TTOs to apply
versity. The most common compensation system is allocating also for smaller proof-of-concept allowances, the Danish TTOs have
one-third of the income to each of the parties: the inventor, the de- received no other financial or other support from the government.
partment, and the university. The cumulative results for the 7-year period (2007–13) show a def-
In Norway, the law related to inventions was changed in 2003. icit for the university TTOs (Styrelsen for Forskning og Innovation
Although similar to the Danish system, the Norwegian system dif- 2014), but the system is not expected to fully cover its costs. Rather,
fers on a couple of points (Stenvik 2009). Norwegian universities the main aim of the new law is to increase the flow of research
have a longer response time—4 months instead of two. Importantly, knowledge from the universities to existing companies. The TTOs
in Norway, the academic researcher has the final say in publishing running with deficits are financed by the universities’ own budgets
the research, making it available in the public domain, or protecting (Styrelsen for Forskning og Innovation 2014).
the research for commercial purposes. In effect, a Norwegian univer- The Norwegian university technology transfer system started in
sity researcher can say no to patent protection and publish the re- 1995, financed by a government program called FORNY2
sults, unless there are contractual limits involving a third party. The (Rasmussen et al. 2013). At that time, transfer activities were the do-
main policy intent in Norway was formulated in 2001 ‘to increase main of commercialization actors who offered business develop-
the value creation through commercialising knowledge-based ment, incubator, and science park services. These actors were
business ideas with a high value creation potential’ (Borlaug et al. organizations located close to the major university centers in
2009: 22). Norway and often co-owned by the university, regional public agen-
Sweden has retained its university inventor system, even though cies, and private firms. In 2000, the FORNY program changed its
it has been the subject of debate for over a decade. In 2008, the gov- funding structure to stimulate closer collaboration between the uni-
ernment decided not to make any changes to the patent law versities and the TTOs. The funding was split in two types of
(Swedish Government 2008), despite the fact that the majority of funding: one type of funding for infrastructure and one for further
Swedish universities had expressed their wish to abolish it and to commercial development of projects. The law change in 2003 fur-
transfer the IPR to the universities. Today, Swedish university em- ther strengthened university incentives, which resulted in an increase
ployees retain the exclusive rights to all patentable inventions and in the number of university TTOs to fourteen in 2008 (Borlaug et al.
any other tangible results from their research and educational activ- 2009). In effect, when the Norwegian university TTO system began
ities, such as software, books, templates, etc. (Stenvik 2009). Thus, in 2003, it was integrated into the existing regional science park sys-
Swedish university researchers can choose whether to publish their tem. After a subsequent evaluation of the TTOs in 2009 (Rasmussen
research, to patent it, to commercialize it through selling the rights, et al. 2013), the number of TTOs eligible for government financing
licenses, or services, or to just give it away. If a Swedish university was cut; presently, there are only six university-connected TTOs,
researcher has commercial intentions, the university TTO can offer with each TTO serving two or more universities or higher education
assistance with intellectual protection, business advice, and starting institutes in the region.3 Five of the university TTOs originate from
a company, among other services, normally at little to no upfront the 1990s and retain business development capabilities, such as busi-
cost for the researcher. Usually, if the business verification and de- ness development and incubator services and investment funds, ei-
velopment process is very costly, such as costs for patent applica- ther in-house or through closely-collaborating organizations. The
tions, the Swedish TTO will demand payment in the form of shares sixth university TTO (INVEN2), which serves the University of
in the new venture. The researcher, however, is free to choose com- Oslo and the Oslo University Hospital, had a later start in 2009
mercialization services offered by any organization or company. when two previous university TTOs in the region merged. INVEN2,
Accordingly the main policy intent formulated in a state however, did not retain the business development capabilities.
Science and Public Policy, 2017, Vol. 44, No. 4 569

The Norwegian system of university technology transfer after compared to other European TTOs (Piccaluga et al. 2012) with an
2009 includes three types of government support: financial support average of nine employees. Most employees (40%) are trained in
for evaluating the commercial potential of research knowledge, fi- law, some 30% have a science or technology background, and 15%
nancial support for the regional TTOs’ activities, and financial sup- have a business or finance background (Styrelsen for Forskning og
port for infrastructure and competency development of the Innovation 2014).
university technology transfer system. The six university TTOs all The largest of the six Norwegian TTOs are the ones serving the
depend on annual allowances from the government scheme, which University of Oslo (INVEN2), the Norwegian Technical University
is presently called ‘FORNY2020’. These annual allowances have in Trondheim (NTNU Technology Transfer), and the University of
grown from 92 million NOK (roughly 12 million USD) in 2003 to Bergen (Bergen Teknologiöverföring). Norwegian TTOs tend to be
128 million NOK (17 million USD) in 2014, and are allocated larger than their Danish counterparts, with an average of eighteen
mainly to the operations of the TTO and the business verification employees, ranging from eight to twenty-seven employees. Roughly
program (FORNY 2014; Rasmussen et al. 2013). The income from 50% of TTO employees have a science or technology background,
licensing and the selling of shares in spin-offs covers only a minor 30% have a business or finance background, 15% have some other
part of the TTO’s cost. For example, in most years, the average in- background, and only 5% have training in law (Borlaug et al. 2009;
come from TTO licensing amounts to 5–10 million NOK, which is Rasmussen et al. 2013).
less than 10% of the total cost (Rasmussen et al. 2013). The eight university TTOs and holding companies in Sweden are
The Swedish efforts to commercialize research knowledge located at Chalmers Technical University, Gothenburg University,
started in the mid-1990s (for an overview of this period, see Jacob Karolinska Institute (KI), Royal Institute of Technology (KTH),
et al. 2003). The first initiative related to university TTOs was the Linköping University, Lund University, Umeå University, and
founding of five university holding companies in 1995. This was Uppsala University. In terms of the number of employees, the TTOs
deemed necessary because, at the time, universities in Sweden were tend to be somewhat smaller than their counterparts in Norway, but
prohibited from investing in companies. These university holding larger than those in Denmark. Most of the employees at Swedish
companies became the foundation of the Swedish university TTOs. TTOs work in the business development and finance domains.
Since the first TTOs were holding companies, it became natural to
focus on spin-offs and investing in these spin-offs. Even though the 3.4 TTO governance and monitoring
holding companies could also hold patents and license them, the The Danish TTOs are owned and managed by the universities. They
mission of the university TTOs became to spin-off companies from are organized as units in the central university administration dir-
research (Deiaco et al. 2006). ectly under the vice-chancellor. Danish universities are not allowed
At the end of 1990s, the system expanded to fourteen university to start businesses or foundations for technology transfer, and co-
TTOs, some of them very small and with very limited funds (Deiaco ownership with science parks requires special permissions by the
et al. 2006). From 2003 and onwards, the expansion of the system Danish Parliament (OECD 2003). The only Danish university that
was fuelled by additional government support targeted at starting or has such co-ownership and also own some businesses linked to com-
expanding incubators connected to the university TTOs (Vinnova mercialization is the DTU. The Danish TTOs are relatively small
2009). In 2008, the Swedish government proposed the reform of the units as presented above and beside assisting in commercialization
government financing of the TTO system, restricting funding to also have the responsibility to manage research collaboration con-
eight TTOs, each with a regional mission to serve several univer- tracts between businesses and university researchers. The output
sities and smaller university colleges in the region (Vinnova 2009). from the TTOs is very visible and public in the sense that each year
Swedish university TTOs are usually a mix of a traditional TTO of- the output is reported publically in a report by Styrelsen for
fice, an incubator, and an investment company controlled by the Forskning og Innovation. The reporting is standardized and all
university. The university holding companies have limited invest- Danish TTOs report yearly figures for disclosures, applied patents,
ment funds, and so they often work with investors, including private approved patents, patent portfolio, license deals, spin-offs, number
and other state investment companies. One important state-funded of employees, income and costs, and some other data. The aware-
investor is ‘Innovationsbron’, which has larger investment funds ness of the results from the university technology transfer system is
that allow it to go beyond seed capital and the first rounds of invest- quite high at the state level, university level, and researcher level (cf.
ment. Since 2010 the government financially supports the eight Baldini 2009). The reporting has a narrow TTO focus and does not
TTOs with annual grants in a similar fashion to the Norwegian sys- try to estimate regional, industry, or national effects of the TTO
tem: to validate commercial potential of research, financial support output.
for TTO infrastructure, and financial support for TTO activities and The Norwegian TTOs are independent organizations with its
competency development. own management, in the form of limited companies, owned by the
higher education institutes in the region. Their boards are domi-
3.3 TTO structure nated by representatives from the higher education institutes. Five of
Denmark has eight universities and their TTOs are units under the the six Norwegian university TTOs have a background in the pre-
control of the university management. Almost all commercial activ- 2003 TTO system that primarily were attached to regional science
ity is generated by the four largest universities and the technical uni- parks and incubators and had a regional mission. The Norwegian
versity: Aalborg University, Aarhus University, Copenhagen TTOs follow the reporting procedures for all limited companies
University, Danish Technical University, and the University of issuing annual reports but also report to the Norwegian statistical
Southern Denmark. The smaller TTOs located at the more special- agency (since 2007) and the FORNY government program. The
ized universities, Copenhagen Business School, IT University of Norwegian government commissions ad hoc evaluations of the
Copenhagen, and Roskilde University, exhibit very limited technol- TTOs by independent researchers (Borlaug et al. 2009; Rasmussen
ogy transfer activity. Danish TTOs tend to be average in size et al. 2013; Spilling et al. 2014) that analyzes the operations and
570 Science and Public Policy, 2017, Vol. 44, No. 4

Table 1. Summary of characteristics of university technology transfer regimes in the three countries.

Country Denmark Norway Sweden

Legal framework University ownership since 2000 University ownership since 2003 University inventor since 1949
Conditions for university If the TTO declares interest If the TTO declares interest Only through voluntary agree-
ownership within 2 months from within 4 months from disclos- ments with the researcher
disclosure ure, but researcher may always
decide to publish instead
Policy intent Strengthen the relations between To increase the value creation To encourage researchers to com-
industry and the universities through commercializing mercialize research knowledge
knowledge-based business
ideas with a high value cre-
ation potential
Government programs and Government support in start-up Annual government support Special funding of university
financial support phase, since 2007 self-financed since 2003 (FORNY pro- holding companies and incu-
þ university funded. Minor gram). Support for both TTO bators since 1995 and 2003,
proof-of-concept program infrastructure and commercial respectively. Annual govern-
2006–12. development. New support ment support for innovation
program since 2009 until 2020 offices since 2010.
(FORNY 2020)
Local innovation system No in-house investment funds or In-house investment funds, incu- Tight connections with incuba-
incubator. Proof-of-concept al- bators, and science parks at tors, science parks, in-house
lowances 2006–12. five of the six TTOs investment funds, and other
investors
TTO governance and monitoring University units under university Independent organizations co- Independent organization owned
management, annual, standar- owned with other universities, by the university, and in part-
dized and publically available and in partnerships with com- nerships with complementary
reporting plementary organizations. organizations. Reporting ad
Reporting ad hoc and mostly hoc and mostly comparative
on regional effects with other TTOs
No. of university TTOs 8 6 8
Average no. of employees/TTO (2013) 9 18 16
Dominant employee competency (2013) Law Business development Business development

output of the Norwegian TTOs and try to estimate their regional, ad hoc evaluations. The strictness and visibility of the Swedish TTO
industry, and national long-term effects. The reports of the reporting and results is the lowest of the three Scandinavian coun-
Norwegian TTO output are generally less strict4 and visible com- tries. Table 1 summarizes the discussion of the university technology
pared to the Danish monitoring of their TTOs. transfer regimes in the three countries.
The Swedish TTOs are a mix of university units and independent
organizations run by their own management in the form of limited
companies. The eight innovation offices (since 2010) sponsored dir- 4. Data collection and method
ectly by the Swedish government and the state innovation agency In the USA and Canada, empirical data regarding university com-
(Vinnova) are formally run under the university management. The mercialization has been systematically collected and published annu-
innovation office handles (voluntary) disclosures by academic teach- ally since 1991 by the AUTM. These survey data have been used in
ers and validates the ideas technical and commercial potential. The many research projects to date (e.g. Siegel et al. 2007). Such a sys-
commercialization part of the innovation process is normally tematic collection of empirical data has not been carried out in
handled by the universities’ holding company that further develops Europe, but surveys have been conducted in five European countries
the ideas into commercial projects. The holding company is organ- (Denmark, Ireland, Italy, Spain, and the UK) from 2005 to 2011
ized as a limited company and reports through annual reports and (Piccaluga et al. 2012).
boards are generally dominated by university management represen- The availability of information-concerning university TTOs at
tatives and regional business people. The mix of a university unit, Scandinavian universities varies. Danish universities publish their in-
wholly sponsored by the government, and a holding company trad- formation through ‘Styrelsen for Forskning og Innovation’, provid-
itionally with close ties to regional science parks and business give ing yearly summaries of disclosures, patent applications, patents,
the Swedish TTOs a rather loose connection to the university it is licenses, spin-offs, personnel, and so on. Data are available from
supposed to serve (Vinnova 2015). The output of the TTOs is re- 2004 to 2013. The same data for Danish TTOs are also found in
ported through the university annual report and the holding com- part in the PROTON survey (Piccaluga et al. 2012). In this survey, I
pany’s annual report. The Swedish government commissions have chosen to include the six most active university TTOs and ex-
infrequently ad hoc evaluations of the TTOs performed by the in- clude the TTOs at Roskilde University and Copenhagen Business
novation agency (Vinnova 2002, 2009, 2015) and generally has a School both showing a very low activity. Norwegian TTOs have
long-term focus comparing the different TTOs strategic orienta- undergone several independent public investigations throughout
tions. In general, the TTO output seems of less importance in these their existence. The data reported here comes from the three latest
Science and Public Policy, 2017, Vol. 44, No. 4 571

investigations in 2009, 2013, and 2014 (Borlaug et al. 2009; Table 2. Number of TTO employees and increase in TTO capacity
Rasmussen et al. 2013; Spilling et al. 2014) and from annual reports between 2006 and 2013.
published by the FORNY program. Data are available from 2004 to
Percentage Percentage Number of TTO
2013 except for number of employees that are available from 2006 of TTO increase employees in
to 2013 (Table 2). I have collected data from all the six university employees of capacity relation
TTOs in Norway. in 2006 between to total
In Sweden, there is no equivalent source of data concerning the and 2006 and university
university TTOs. Since 2010, most Swedish universities have pub- 2013 2013 employees
lished figures annually regarding disclosures, patents, licenses, and (2013)
spin-offs as required by their owner, the Swedish state. In order to
Danish university TTOs 43 (75) 74 0.24%
gather data before 2010, I have consulted the annual reports of the Norwegian university TTOs 62 (108) 74 0.54%
university holding companies. For six of the most active holding Swedish university TTOs 80 (96) 20 0.32%
companies at Swedish universities, I have found data for their spin-
off and licensing activity, disclosures, and personnel. These six hold-
ing companies are located at and controlled by Gothenburg
University, KI, Royal Institute of Technology (KTH), Linköping until 2008. Also they showed very limited activity (Deiaco et al.
University, Lund University, and Uppsala University. Once the eight 2006) and later merged into the new system with eight regional uni-
regional TTOs began to operate in 2010, six of them were located at versity TTOs in 2010. For all practical purposes this is a total popu-
these same six universities, working in close relation with the exist- lation study, thus significance tests are not needed in order to find
ing university holding companies. Of the eight Swedish university support or no not for the four propositions.
TTOs supported by the government’s TTO program, these six uni-
versities represent the great majority of the total TTO activity in
Sweden. 5. Descriptive statistics and results
Since the Swedish technology transfer system began in 1995 with Denmark changed to university ownership IPR at the beginning of
holding companies operated by the universities, I gathered statistics 2000 and Norway at the beginning of 2003; Sweden has retained its
from the annual reports of these holding companies (2004–13), as university inventor IPR. According to Proposition 1, we would ex-
well as from their websites. For the period of 2010–13, these data pect a growth in TTO capacity (measured by number of employees)
have also been supplemented with information from the universities’
in the Danish and Norwegian TTOs, but less-pronounced growth
annual reports. From 2010, Swedish universities have been obligated
(or no growth) in the Swedish TTOs.
to report disclosures, patents, and spin-offs in their annual reports.
Figure 1 shows that the number of employees has steadily
In the Danish statistics (Styrelsen for Forskning og Innovation
increased in the Danish and Norwegian TTOs. If we compare em-
2014), a licensing deal includes a commercial agreement to license
ployee growth in the period from 2006 to 2013 (when there are data
patented research knowledge (including software) to a firm or other
for all three countries), the Danish and Norwegian TTOs exhibited
organization, whether it be an established commercial unit or a new
a 74% increase in the number of employees. Meanwhile, the
start-up. A university spin-off is a new venture that has an agree-
Swedish TTOs exhibited a more modest growth at 20%. However,
ment with the university to use research knowledge in the form of
if we relate the number of TTO employees to the total number of
intellectual property or other forms. The new venture can be wholly
university employees, in each country (see exhibit 2), the level of
or partly started by the inventor, the researcher, or a third party.
TTO employees is the highest in Norway, the second highest in
The compensation for transferring research knowledge to a spin-off
Sweden, and the lowest in Denmark. Danish TTOs have only about
could come in the form of shares, royalties, and/or cash. Norwegian
half of the number of TTO employees in relation to their university
statistics define licensing deals and spin-offs in the same way as the
size compared to the Norwegian TTOs.
Danish statistics (Rasmussen et al. 2013), whereas, in Sweden, a
The Danish increase in TTO capacity has come from the found-
licensing deal or a spin-off does not have to include an agreement
with the university, as the research knowledge is owned by the aca- ing of new university TTOs as this funding did not exist before
demic researcher. In this case, university spin-offs are only reported 2000. The government program offering initial TTO start-up financ-
when the university holding company invests in the new venture, re- ing gave incentives to universities to start their own TTOs. The dip
ceives shares as compensation for patenting support or other ser- in employee growth around 2007 may have been caused by the end-
vices, or provides substantial business development support to assist ing of government funding and the transition to funding from license
in the start-up process. The researcher normally holds the patents and spin-off incomes and universities’ own budgets. Nevertheless,
and establishes, either wholly or partly, the new venture. Licensing the Danish universities have continued to grow their TTOs even
deals for which the university holding company is an owner are also though the system as whole generates financial losses (Styrelsen for
reported in the annual reports. Basic data for all the eighteen univer- Forskning og Innovation 2014). The growth in later years among
sities and the university TTOs are found in Supplementary Table 1, Danish TTOs comes mainly from an expansion by the DTU that has
and data regarding license deals and spin-offs are found in stepped up its TTO activities despite experiencing economic losses
Supplementary Table 2. It is important to note that this is total (Styrelsen for Forskning og Innovation 2014). The Norwegian gov-
population study of presently operating university TTOs in Norway ernment funding is different from the Danish funding giving the
and near total population study of Danish and Swedish university Norwegian TTOs annual allowances for both infrastructure and for
TTOs. In Norway there has existed and still exist smaller regional commercialization projects. Thus, they can maintain a higher level
university college TTOs, that is, not full universities with permanent of employees than the Danish TTOs. There is a dip in growth when
research capabilities, with very limited activity (Spilling et al. 2014). the FORNY government program ended in 2009, following a brief
In Sweden there has also existed smaller university college TTOs period of uncertainty regarding future government financing,
572 Science and Public Policy, 2017, Vol. 44, No. 4

Figure 1. Total number of university TTO employees in Denmark, Norway, Figure 2. Development of licensing deals in the three countries’ university
and Sweden 2004–13 (2006–13 in Norway). TTOs 2004–13.

causing stagnation in TTO capacity. After 2009, a new government will expand their licensing activity more than university TTOs in
program called FORNY 2020 was launched. The new program countries retaining the university inventor regime.
increased the level of financial support to TTOs and promised to Figure 2 shows the statistics for the development of licensing
continually increase the funding until the year 2020. Since then the deals from 2004 to 2013. As can be seen in the figure, the Danish
Norwegian TTOs have increased their capacity. TTOs had a dramatic increase in the number of licensing deals only
It is interesting to note the high level of Swedish TTO capacity in 4 years after the law change in 2000. Danish TTOs had license activ-
the beginning of the studied period, compared to the Norwegian ity also before 2004 that is not shown in the graph. In 2000–03,
and especially the Danish TTOs, as government programs targeting there were six, six, fourteen, and twenty-two license deals registered.
university holding companies and incubators had been in operation As data is lacking from Swedish and Norwegian TTOs from this
since the mid-1990s. However, a dip in capacity is visible in 2008– period, I have not shown these numbers in the graph. A steady
09, when some government support for TTOs and incubators was growth is also exhibited in the Norwegian case. As in the Danish
rescinded (Vinnova 2009). A new government program supporting case, most of the growth occurs about 4–5 years after the law
the establishment of regional university innovation offices com- change. The Swedish TTOs exhibit a pattern of very low licensing
menced in 2010 and is still in operation. activity and no growth trend.
The university holding companies in Sweden have quite limited Proposition 3 proposed the decreasing importance of spin-offs
funds and none of the holding companies had any major financial under the university ownership IPR. In Fig. 3, the development of
success during this period of time to help make them financially in- the number of spin-offs is presented for the three countries. The fig-
dependent. Thus, the Swedish TTO capacity reflects the level of gov- ure shows that spin-offs are unusual among the Danish TTOs, and,
ernment support to the TTO system. In addition, the acting owners, despite a slight increase over the last 2 years, spin-off activity has re-
the Swedish universities, have been unwilling to invest more capital mained steadily at a low level. Danish TTOs had spin-off activity
in their holding companies from their research or education funds. also before 2004 that is not shown in the graph; ranging from one
These findings in part confirm Proposition 1; under the new uni- spin-off in 2000 to four spin-offs in 2003. This limited increase of
versity ownership IPR, Danish and Norwegian university TTOs spin-offs for the Danish TTOs in recent years has in part been attrib-
have expanded their capacity more than Swedish university TTOs, uted to a temporary government program for proof-of-concept sup-
which retained the university inventor regime. It is, however, im- port enabling to further develop research knowledge (DEA 2013),
portant to keep in mind that it is not the change in legal framework which was in place from 2006 to 2012.
that directly causes the TTO expansion. The cause is the government The Norwegian TTOs had slightly more spin-offs than the
programs and financing of university technology transfer activities. Danish TTOs, but again did not exhibit any real increase. The
Here the structure of government financing is important. The Swedish TTOs normally use spin-offs as their preferred strategy.
Danish government financing was only available in the initial The dip in spin-offs visible around 2007 was due to uncertainty over
buildup phase and only to university TTO units. The Norwegian government financing and the future of the legal framework. A gov-
government financing is in the form of annual allowances for both ernment program financing university incubators stopped in 2007,
infrastructure and project support and for university units as well as and, at the same time, there was a political debate regarding the uni-
supporting organizations. versity inventor system with several calls to change the system
Overall, comparing the sizes of the six universities in each coun- (Statens Offentliga Utredningar 2005).
try (see Figure 1) the Swedish TTO system still has a capacity that is The development of license deals and spin-offs could just be the
greater than that of the Danish TTO system even though it has not result of the increasing size of the TTOs as presented previously.
grown so much in the past decade. In that respect, Proposition 1 is More employees can handle more license deals and spin-offs.
not supported. Even if Sweden has retained the legal framework of Figure 4 describes the development of license deals and spin-offs in
inventor ownership Swedish universities expand their TTOs as long the three countries per TTO employee.
as their government financing is available to them. In Fig. 4, the initial growth of license deals in Denmark is very
The second proposition stated that university TTOs in countries visible, but since 2009 it has stabilized around 1.5 license deals/em-
changing from university inventor IPR to university ownership IPR ployee. The Swedish spin-offs and Norwegian license deals per
Science and Public Policy, 2017, Vol. 44, No. 4 573

2. The Innovation Office, which is responsible for scouting ideas


and commercially-interesting research knowledge in life science
and verifying their commercial potential.
3. KI Innovation, which is responsible for taking over commer-
cially-verified life science projects from the Innovation Office
and provides the projects with patent and legal advice, business
advice, and seed funding, to form a spin-off company.
4. The KI Science Park, which is responsible for providing incuba-
tor and science park facilities (office space, labs, equipment, etc.)
for promising life science spin-offs.
5. Karolinska Development, which is a life science investment com-
pany noted on the Stockholm-NASDAQ stock exchange, and
which has an agreement with KI Innovation to have first right to
Figure 3. Spin-off activity in Danish, Swedish, and Norwegian university invest in the most promising spin-offs. At the end of 2013, the
TTOs 2004–13. company had thirty-three spin-offs in its portfolio with seven-
teen in the clinical phase, and a portfolio valued at around 2 bil-
lion USD.

Figure 5 depicts the strategic behavior of the three university


TTOs in the period 2004–13 in terms of number of spin-offs and li-
censes per TTO employee. As the figure shows, Copenhagen
University stands out in its overwhelming use of the license strategy.
KI stands out in its predominant use of the spin-off strategy; with
forty-nine spin-offs coming (0.29 spin-off per TTO employee) out of
their TTO system compared to University of Copenhagen’s twelve
spin-offs (0.12 spin-off per TTO employee) and University of Oslo’s
twenty-four spin-offs (0.15 spin-off per TTO employee). The innov-
ation system at KI is also quite unique from a Swedish perspective,
especially in terms of the relatively large financial capability of the
investment company, which makes it possible to develop life science
projects from preclinical development to phase 2 clinical trials be-
fore exiting, that is, selling off the company or licensing its technol-
ogy. Neither the University of Copenhagen nor the University of
Oslo has such capabilities, which forces them to license their tech-
Figure 4. License deals and spin-offs per TTO employee in Denmark, Norway,
and Sweden.
nologies much earlier in the development process.
In summary, the Danish case supports Propositions 2 and 3 in
the sense that a new legal framework in combination with limited
funding of the system, limited access to business development capa-
employee also show a growth. However, Danish and Norwegian bilities, and no funds for commercial development give little options
spin-offs, as well as Swedish license deals, show no growth at all if to the TTO units to do anything else than to evaluate disclosures
the TTO expansion over time is taken into account. In comparison from an IPR perspective, that is, to patent and to license. The close
it is noticeable that the Norwegian growth in license deals over time monitoring of the Danish TTO units reinforces these incentives to
is not nearly as strong as in Denmark. Thus, the growth of licensing focus on activities that generate results in the form of applied and
deals in Denmark and Norway, as well as spin-offs in Sweden, is not granted patents as well as possibilities of licensing with little risk
only a question of expanding TTO size. and a faster process compared to assisting spin-offs. Moreover,
It is especially interesting to compare the three major Danish universities are not allowed to invest in other supporting or-
Scandinavian universities that are dominated by medical and bio- ganizations or co-own science parks without special approval from
technical research: the KI in Stockholm, the University of the Danish Parliament making it more costly for Danish TTOs to
Copenhagen, and the University of Oslo. The TTO at the University transfer a commercial project to such organizations that can provide
of Copenhagen has access to a TTO office with fifteen employees, further business development support. The Danish TTOs also have
most of them having science and business law competencies. As the responsibility to assist in research collaborations between estab-
mentioned above, the University of Oslo’s TTO, INVEN2, is the lished firms and researchers, that is, to draw up and/or evaluate con-
only university TTO in Norway without access to business develop- tracts. In this context, TTO employees with scientific and/or legal
ment capabilities, and most of its employees’ competencies are in competence have dual use, both in research collaborations and in
patenting/licensing while TTO employees with business develop-
science and business law. The KI has one of the most developed sys-
ment competence only have one use, that is, in licensing. The excep-
tems for commercializing research knowledge among all Swedish
tion in the Danish university technology transfer system is the DTU
TTOs. KI describes its innovation system as comprised of five actors
that has received approval by the Danish Parliament to own and co-
or organizational units (KI 2013):
own some supporting organizations such as seed funds, an incuba-
1. The Unit for Bio-Entrepreneurship, which is responsible for edu- tor, and a science park and also allocated their own budgets for
cation and research in innovation and entrepreneurship. proof-of-concept funds and internal business development
574 Science and Public Policy, 2017, Vol. 44, No. 4

Figure 5. Yearly average of spin-offs and licenses per TTO employee based Figure 6. Yearly average of spin-offs and licenses per TTO employee based
on the time period 2004–13 (2006–13 for University of Oslo) at three major on the time period 2004–13 at the DTU TTO with business development capa-
medical and biotechnical Scandinavian universities. bilities and at five Danish University TTOs with no business development
capabilities.

competence. The TTO unit at the DTU has the competence and commercialization projects is a spin-off at the DTU while only about
some financing options to further develop interesting projects in the one of ten is a spin-off at the rest of the Danish TTOs. One also has
form of spin-offs that other Danish TTO units lack. to bear in mind that the DTU business development capabilities are
The Norwegian case partly supports Propositions 2 and 3 as li- limited compared to the Swedish and Norwegian TTOs. Only a
cense activity has increased, but less than in the Danish case, and handful of commercial projects can receive proof-of-concept and
spin-off activity has stagnated, at roughly the same low level (per seed funds at the DTU each year.
TTO employee) as the Danish case. The stepwise reformation of the Among the Norwegian TTOs, five had access to business devel-
Norwegian TTO system from a regionally-oriented and science opment capabilities—all except the TTO connected to the
park-connected system to a system with much closer ties to the uni- University of Oslo (INVEN2). During this period of time, the TTO
versities and less connected to regional science parks has led to at the University of Oslo produced 52% of all licensing deals in the
greater focus on the license strategy and relatively less use of the Norwegian TTO system. By contrast, the other five university TTOs
spin-off strategy. The TTO-serving University of Oslo, INVEN2, is produced 81% of all university spin-offs in Norway. The University
the best example of this as it was started as a new organization in of Oslo’s research is dominated by its medical faculty, and, thus, its
2009 without the connections to the old system. Compared to the research knowledge is especially suited to licensing. Nevertheless,
overall size of the universities the Norwegian TTOs use the spin-off the difference between the only TTO without business development
strategy more often than their Danish counterparts reflecting the capabilities and the other five with access is striking. Figure 7 shows
availability of funding for commercial development of projects in the number of licenses and spin-offs between 2004 and 2013 per em-
Norway and the access to business development competence in the ployee of the TTOs at University of Oslo and the the five
Norwegian TTOs as well as complementary business development Norwegian TTOs with access to business development capabilities.
support from regional incubators and science parks. As can be seen from the graph, University of Oslo uses predomin-
The Swedish case supports Propositions 2 and 3 as the spin-off antly the license strategy while the other five TTOs have a mixed
strategy is increasingly used while licensing strategy is almost not strategy using both commercialization strategies.
used at all among Swedish TTOs. The government funding of uni- Overall support is found for Proposition 4. University TTOs
versity holding companies and incubators with close ties to regional with their own business development capabilities as well as access to
science parks and other complementary business development assets complementary business development competence in co-owned or
have created a system that is almost exclusively oriented toward partner support organizations directly influence the use of the spin-
spin-offs. Researchers interested in patenting and licensing normally off strategy in such a way that it will be used more often, relative to
bypass the Swedish TTOs and go directly to the companies to make the license strategy, by the university TTO than by university TTOs
their own deals (Jacobsson et al. 2013). without such capabilities.
Proposition 4 stated that, under university ownership regimes, Summarizing the findings there was in part some support for the
university TTOs with access to business development capabilities, four propositions stated in the beginning of the article. The expan-
such as business development competencies, incubators, science sion of the TTO system in all three countries and variations in indi-
parks, and seed funds, will more predominantly use the spin-off vidual TTOs strategic behavior, regardless of change in the legal
strategy. In our sample of TTOs, only the DTU of the Danish TTOs framework or not, point to the general conclusion that university
had access to such capabilities and has produced 31% of all univer- technology transfer regimes are more than their legal framework. As
sity spin-offs in Denmark during the studied time period. The DTU’s has been presented in Section 3, the university technology transfer
use of the license and spin-off strategy (per TTO employee) com- regime also includes policy intent, structure of government funding
pared to the average use in the five other Danish TTOs is shown in and access to business development competence and resources, TTO
Fig. 6. governance and monitoring. The three country cases have showed
The difference in absolute levels of use of the commercialization how these factors interplay to create a technology transfer regime
strategies seems modest, but the relative mix of the commercializa- that influences the relative use of the two commercialization strat-
tion strategies is quite different. About one out of six egies. As the country cases also have shown, the regimes still give
Science and Public Policy, 2017, Vol. 44, No. 4 575

These four factors give different incentives to the universities and


their TTOs to choose more or less of the two different commercial-
ization strategies. Third, this study also verifies and complements
Kenney and Patton’s (2011) study on the question of whether uni-
versity inventor IPR encourage academic entrepreneurship. Kenney
and Patton based their study on data from seven universities (the
University of Waterloo in Canada and six major US universities) in
North America over a 50-year period (1957–2009). In line with
Kenney and Patton’s (2011) result, this study supports the finding
that university inventor IPR tend to encourage academic entrepre-
neurship (cf. Damsgaard and Thursby 2013) with the qualification
that the policy intent, government financial support system, and
Figure 7. Yearly average of spin-offs and licenses per TTO employee based TTOs’ access to business development capabilities and monitoring
on the time period 2004–13 at the University of Oslo TTO with no business de- also have to support academic entrepreneurship. Moreover, the
velopment capabilities and at the remaining five Norwegian University TTOs TTOs at the Norwegian University of Technology and DTU show
with access to business development capabilities. that internal and partnered access to business development compe-
tence and resources give the TTOs some room for strategic maneu-
vering and to use a more mixed commercialization strategy.
room for individual university TTOs to modify their strategic The findings of this study contribute to the policy debate regard-
behavior. ing the efficiency of university ownership and university inventor
technology transfer regimes. This study shows that the choice of
legal framework of IPR might not be as important as the design of
6. Concluding remarks the whole university technology transfer regime. The results of this
study suggest that the development and outcome of each country’s
This present study focused on the three Scandinavian countries
system has to be examined from a wider university technology trans-
(Denmark, Norway, and Sweden) and included data from almost all fer perspective at least in a government-financed context such as the
university TTOs in these countries over a 10-year period (2004–13). European one. For example, the policy decision to start a completely
This study complements and develops our understanding of univer- new system with no relations to previous regional system with access
sity technology transfer regimes and commercialization strategies. to business development capabilities, as in the Danish case, or to re-
First, this study verifies Geuna and Rossi’s (2011) study on changes structure the existing one, as in the Norwegian case, clearly affected
in European university technology transfer IPR regulations; a change the commercialization strategies. Moreover, the design of the gov-
from university inventor to university ownership IPR results in fur- ernment funding system for TTOs with or without funds for further
ther investment and expansion of the university TTO system. commercial development is another factor with influences the use of
However, the Swedish case shows that retaining the university in- commercialization strategies.
ventor ownership IPR has also resulted in further public investment For policymaking this study’s results imply that the IPR legal
and expansion of the university TTO system. Apparently the gener- framework is only one of several policy tools to use for policy makers
ally-embraced ideas of the university ‘third mission’ and the entre- in order to influence the use of the two commercialization strategies.
preneurial university are strong regardless of university technology The different policy tools should also be seen in a systemic perspec-
transfer IPR. Second, this study also complements Geuna and tive, that is, in relation to each other and how they interplay. If a
Rossi’s (2011) study by noting the importance of differences in country wishes to stimulate academic entrepreneurship, regional de-
European university ownership regimes. While the laws governing velopment (Markman et al. 2005) and further development activities
of research knowledge or provide better technology transfer support
the university IP might be very similar, as in the Danish and
for research knowledge in especially computer science, electrical en-
Norwegian case, other factors that more directly influence the use of
gineering, and physical sciences (Kenney and Patton 2011) the in-
the two different commercialization strategies are:
ventor ownership IPR in combination with continuous government
- Policy intent: the TTO system as a way to strengthen support
support of business development competence and resources, as well as
for and relations with existing industry or as a way to stimulate uni-
a monitoring system emphasizing long-term regional effects might be
versity researchers to start up new firms and industries regionally
the better choice. Countries that already have introduced the univer-
and nationally.
sity ownership regime might contemplate generally more inventor-
- Government financial support system: one time initial allow-
centric support activities measures such as support to business devel-
ance from the state budget vs annual allowances from the state opment capabilities and development of relational-based commercial-
budget. ization practices (Weckowska 2015) at university TTOs in order to
- TTO business development capabilities: no or very limited ac- make the spin-off strategy and specifically the exploration model of
cess to business development capabilities vs access to business devel- university spin-offs (Doganova 2013) more realistic.
opment capabilities through specific government support of further There are several limitations to this study. I have depended on a
commercial development in the TTO and/or its partnered organiza- few secondary sources of data. Although these data have been vali-
tions such as funds for proof of concept, market research, product dated by government authorities (in the Danish case), by independent
development, seed funding. researchers and statistical authorities (in the Norwegian case), and by
- TTO performance monitoring: strict monitoring with an em- certified accountants (in the Swedish case), the definitions of univer-
phasis on patents and licenses or ad hoc monitoring with an em- sity licensing and spin-offs may vary between sources. In the Swedish
phasis on regional growth and development. case, I was not able to retrieve data for two university TTOs.
576 Science and Public Policy, 2017, Vol. 44, No. 4

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