Researchers: Concerns and ambiguities slow down collaborations between academia and the industry

In Sweden, collaborations between companies and universities represent an important driver with regard to social development and commercially promising innovations. However, a lack of communication on legal issues and a lack of clarity from the individuals in charge risk bringing important projects to an end, thereby reducing Swedish innovation, according to three researchers in a new SNS report.

Higher education institutions (HEIs) are legally required to collaborate with society at large. Collaborations between academia and industry are crucial when it comes to combining the theoretical strength of research with practical needs. Despite these benefits, barriers sometimes occur that prevent important projects from being initiated. There are several reasons for this, according to the researchers in the SNS report Legal Hindrances to Collaboration? Issues of Law and Leadership in Collaboration around PhD students .

“The report clearly shows that the parties often find it difficult to agree on how intellectual property rights should be distributed. Even though such conflicts may be solved in contracts, clear guidelines and up-to-date legislation are also needed to guide the various parties in the negotiation process,” says Magnus Strand, associate professor of European law and assistant professor of commercial law at Uppsala University.

Another challenge is the balance between academic transparency and commercial confidentiality. The fact that companies need confidentiality may sometimes conflict with the principles adopted by HEIs regarding open access. The PhD student’s employment contract with the company often contains requirements to protect trade secrets, while the principle of public access to official records at state-run HEIs means that documentation is often made public.

“PhD students who combine work in academia and industry risk ending up in a vulnerable position if such a collaboration is terminated prematurely. Terminated projects also entail financial risks for all parties involved and that important knowledge is lost,” says Thomas B. Schön, Beijer Professor of artificial intelligence at Uppsala University.

The researchers believe that many collaborative projects have come to an end due to misunderstandings and a lack of experience when it comes to collaborations.

“Every collaboration is obviously unique, but the parties need to discuss their respective aims in this regard and seek to understand each other’s situation. A clearer leadership and better decision support are required in standardized contracts in order to improve the chances for collaboration,” says Linda Wedlin, professor of business administration at Uppsala University.

About the report

The purpose of the report is to identify the legal issues typically monitored by HEIs regarding discussions on collaborations involving PhD students. The study includes a comparison of the practices developed by different HEIs and a legal analysis of the exposure to sanctions or the like underpinning their various practices.

This report is published within the framework of the SNS research project Higher Education and Research.

About the authors

Magnus Strand, associate professor of European law and assistant professor of commercial law at Uppsala University

Linda Wedlin, professor of business studies at Uppsala University

Thomas B. Schön, Beijer Professor of artificial intelligence at Uppsala University