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Allocating IPR Generated in R&D Collaboration with Chinese Universities - A negotiation framework for managers

Lang, Hugo and Håkansson, Ambjörn (2009)
Department of Business Administration
Abstract
Issue of study: There is no clear framework for IPR negotiation to support the establishment of I-U collaboration by balancing their competing interests. For I-U collaborations within the same country, several sets of guidelines have been produced to emphasize IPR-issues in R&D collaborations. These have helped to increase awareness, but corporations and universities still report problems when establishing agreements on IP ownership (Lambert 2003; Collins 2006). This lack of clarity increase the time and costs involved in negotiating R&D collaborations and prevent some engagements from being completed. The costs of protracted negotiations can be high, both financially and in tying up staff. When western managers bring the IP negotiation... (More)
Issue of study: There is no clear framework for IPR negotiation to support the establishment of I-U collaboration by balancing their competing interests. For I-U collaborations within the same country, several sets of guidelines have been produced to emphasize IPR-issues in R&D collaborations. These have helped to increase awareness, but corporations and universities still report problems when establishing agreements on IP ownership (Lambert 2003; Collins 2006). This lack of clarity increase the time and costs involved in negotiating R&D collaborations and prevent some engagements from being completed. The costs of protracted negotiations can be high, both financially and in tying up staff. When western managers bring the IP negotiation process to China, it is further complicated by, for the manager, more unfamiliar aspects such as different laws, governmental incentives and personal incentives. Purpose: The purpose of the thesis is, from a business perspective, to propose a negotiation framework regarding IPR ownership for western managers of manufacturing-engineering-oriented MNCs when negotiating R&D collaboration agreements with top ranked Chinese engineering universities. Methodology: The main methodology used has been an iterative inductive social science methodology, but complemented with legal methodology when needed for reliability and validity. Conclusions: The 2(CH)OPSTIC Framework is a tool that helps western managers to prepare for patent negotiation when entering into R&D collaborations with Chinese engineering universities. The framework is based on theoretical and empirical best practice, and gives the manager a legal astuteness and an understanding of its counterpart and positions the manager well before entering the negotiation process. (Less)
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author
Lang, Hugo and Håkansson, Ambjörn
supervisor
organization
year
type
H2 - Master's Degree (Two Years)
subject
keywords
patent, intellectual property rights, Chinese University-Industry collaboration, research and development collaboration, negotiation framework, Management of enterprises, Företagsledning, management
language
Swedish
id
1438437
date added to LUP
2009-05-20 00:00:00
date last changed
2012-04-02 17:46:46
@misc{1438437,
  abstract     = {Issue of study: There is no clear framework for IPR negotiation to support the establishment of I-U collaboration by balancing their competing interests. For I-U collaborations within the same country, several sets of guidelines have been produced to emphasize IPR-issues in R&D collaborations. These have helped to increase awareness, but corporations and universities still report problems when establishing agreements on IP ownership (Lambert 2003; Collins 2006). This lack of clarity increase the time and costs involved in negotiating R&D collaborations and prevent some engagements from being completed. The costs of protracted negotiations can be high, both financially and in tying up staff. When western managers bring the IP negotiation process to China, it is further complicated by, for the manager, more unfamiliar aspects such as different laws, governmental incentives and personal incentives. Purpose:	The purpose of the thesis is, from a business perspective, to propose a negotiation framework regarding IPR ownership for western managers of manufacturing-engineering-oriented MNCs when negotiating R&D collaboration agreements with top ranked Chinese engineering universities. Methodology:	The main methodology used has been an iterative inductive social science methodology, but complemented with legal methodology when needed for reliability and validity. Conclusions:	The 2(CH)OPSTIC Framework is a tool that helps western managers to prepare for patent negotiation when entering into R&D collaborations with Chinese engineering universities. The framework is based on theoretical and empirical best practice, and gives the manager a legal astuteness and an understanding of its counterpart and positions the manager well before entering the negotiation process.},
  author       = {Lang, Hugo and Håkansson, Ambjörn},
  keyword      = {patent,intellectual property rights,Chinese University-Industry collaboration,research and development collaboration,negotiation framework,Management of enterprises,Företagsledning,management},
  language     = {swe},
  note         = {Student Paper},
  title        = {Allocating IPR Generated in R&D Collaboration with Chinese Universities - A negotiation framework for managers},
  year         = {2009},
}