COUNTRY REPORT: SWEDEN
HIGHER LEARNING
Introduction supplied by Fenix Legal
An inquiry into the role of higher education in IP revealed how universities could better serve Sweden’s vital innovation economy, Maria Zamkova of Fenix Legal discovers.
On October 24, 2019, the Swedish government decided to call in a special investigator to propose a structure for supporting innovation at state universities and colleges (Directive 2019: 72).
The purpose was that innovation support at the higher education institutions (HEIs), which currently consists of holding companies and “innovation offices”, shall be able to contribute more effectively to strengthening Sweden’s innovative power and thus the country’s competitiveness, employment, and economic development.
The inquiry’s report (SOU 2020:59), published in October 2020, is called “Innovation as a driving force—from research to usefulness”.
The report initially notes that Sweden has become one of the most prosperous and innovative countries in Europe and with a relatively high level of immigration.
“The driving forces behind this development have included innovation and constant renewal,” it says.
The report further notes that in order to maintain the position, we need to be more innovative than anyone else, and that education and research at Swedish HEIs are an essential part of that work.
Role of HEIs
A key piece of the puzzle is the attitude of students and employees at the universities towards the utilisation of results. An HEI that works extensively on influencing attitudes and education in entrepreneurship will also be able to demonstrate increased implementation of its research in the community.
The Swedish Higher Education Act states that the role of HEIs includes working in partnership with the communities around them, keeping them informed about their work and ensuring that their research results benefit society. That includes innovation offices (or “technology transfer offices”) and holding companies.
Innovation offices are closest to the innovators, as they work within the HEI to capture and develop ideas from employees and students.
Holding companies at HEIs are wholly state-owned venture capital companies, managed by the institutions. The companies (currently 18 in Sweden) own, manage and sell shares in wholly or jointly-owned companies whose remit is to undertake research and development activities for commercialisation.
The investigator notes that there are shortcomings in the current system, when it comes to both the appropriateness of the support (are the right things being done?) and its effectiveness.
An important part of the innovation offices’ work is to disseminate information about their own activities and to promote a more positive attitude towards the utilisation of research and knowledge. There are currently 13 innovation offices in Sweden.
It sounds good, but the investigator notes that there are shortcomings in the current system, when it comes to both the appropriateness of the support (are the right things being done?) and its effectiveness (are things being done the right way?).
There is therefore a need for increased guidance and governance in relation to the state aid regulations within the HEI-based innovation support system. It is proposed that this be part of the remit of Vinnova (the Swedish agency for innovation systems), through a new financing company (Finansieringsbolaget) and as part of the skills development remit of the Swedish Intellectual Property Office (PRV).
Further, the report said: a) The activity must be monitored and evaluated; b) Those institutions whose work to support utilisation is deemed successful can be allocated an innovation office by the government; and c) There is a possibility of joining forces via thematic innovation offices—for example, a special innovation office for life sciences.
The inquiry also proposes a variety of support functions that contribute to learning. PRV and the Swedish Agency for Government Employers will both seek to promote learning on IP and to ensure IP rights get greater protection. All HEIs should be tasked with developing an IP strategy.
To summarise: the inquiry’s proposals will create structures for more innovative higher education institutions in Sweden. The overall cost of the proposals is SEK 340 million ($40.8 million) per year.
Reactions from the market
The Swedish Incubators & Science Parks stated that: “Continued work is now needed to develop utilisation and commercialisation in Sweden. That challenge extends beyond what this inquiry has covered.”
In other words: this is a good start, but not enough. Or, referring to the topic of a panel discussion on January 31, 2021 at the University of Gothenburg: “Not many people question that innovation is important for the development of society. An issue that is rarely discussed is whether there is enough innovation in innovation policy.”
Maria Zamkova is CEO at Fenix Legal. She has a master’s in industrial design and is a patent attorney and a registered European Trademark & Design Attorney. Zamkova is an expert in European patents and in assisting national and international clients in IP due diligence. She can be contacted at: info@fenixlegal.eu
