University of Zagreb Regulations
Pursuant to Article 21 of the Statute of the University of Zagreb, the Senate of the University of Zagreb, at its 15th regular session in the 353rd academic year (2021/2022), held on 19 July 2022, adopted the Guidelines on Intellectual Property Management at the University of Zagreb (hereinafter: the Guidelines), which lay down the general rules governing the establishment of companies based on intellectual property that, in accordance with the provisions of the Guidelines, belongs to the constituent units or the University (spin-off companies).
Section 6, Establishment of Companies, provides as follows:
6.1. Creator as Founder
6.1.1. The constituent unit may decide that the creator of an intellectual creation which, under these Guidelines, belongs to the constituent unit is authorized, either independently or together with third parties, to establish a company to which the intellectual creation that is the subject of commercialization will subsequently be licensed or assigned.
6.1.2. The constituent unit may hold an equity interest in such a company where, in the circumstances of the particular case, this would ensure better exploitation of the commercial potential of the intellectual creation and more effective management of its commercialization. The constituent unit is not required to hold an equity interest in such a company.
6.1.3. The constituent unit shall determine the terms of its relationship with newly established companies, in particular the conditions governing the use of its premises, services, and other resources, as well as the use of the intellectual property belonging to the constituent unit and its distinctive signs.
6.1.4. Newly established companies may apply to enter into a licence agreement for the use of the Spin-off University of Zagreb trademark, which is owned by the University.
The Guidelines also regulate situations in which the constituent units or the University themselves establish companies based on intellectual property that belongs to them under the Guidelines, as set out in Sections 6.2 Constituent Unit as Founder and 6.3 University as Founder.
To determine whether a proposed company is based on intellectual property belonging to a constituent unit or to the University, it is also necessary to consider the other relevant provisions of the Guidelines.
Section 2. Scope of application This section sets out the criteria for determining when an intellectual creation is deemed to have been created at a constituent unit or at the University, the categories of intellectual creations covered by the Guidelines, the persons to whom the Guidelines apply, and the applicable exceptions.
Section 3, Ownership of Intellectual Property, governs the ownership of intellectual creations where the creator is an employee, student, or collaborator. It also addresses the publication of scholarly works, the creator’s moral rights, and the dedication of intellectual creations to the public domain.
Depending on the needs of the newly established company and the intention of the creator or other researchers to become involved in its activities, the following provisions of the Guidelines may also be relevant:
Section 4, Collaboration with Third Parties, governs research agreements concluded by constituent units or the University with other organisations, as well as research agreements entered into by individual researchers with third parties. It also regulates the circumstances in which an individual may participate in the research activities of other organisations.
Section 7, Conflict of Interest, governs the relationship between the personal interests of individuals and the interests of the constituent units and the University, as well as matters relating to professional ethics and research integrity. It also regulates the conduct of individuals who enter into negotiations with third parties regarding the provision of consultancy or research services.
In addition, Section 6.1.1 of the Guidelines provides that the intellectual creation forming the subject of commercialization may be licensed or assigned to the newly established company. Commercialization activities are likewise carried out in accordance with the Guidelines, and in particular with the principle of responsible commercialization set out in Section 1. . General Provisions.
Commercialization activities are also governed by the Regulation on Intellectual Property Management at the University of Zagreb, adopted by the Senate of the University of Zagreb at its 15th regular session in the 353rd academic year (2021/2022), held on 19 July 2022 (hereinafter: the Regulation).
Section 4.3, Commercialization of Research Results, of the Regulation provides as follows:
4.3.1. Irrespective of the method of commercialization selected and implemented in a particular case, all agreements concluded in the course of the commercialization process, and each of their individual provisions, shall in every case ensure the following:
- the protection of the interests of the constituent unit and the University, as well as those of their employees, students, and collaborators.
- wherever possible, the reservation of rights in favour of the constituent unit and the University to use the intellectual creation for teaching, other educational purposes, and future research.
- that the use of the intellectual creation will not be prevented or otherwise unduly restricted, and that it will not be used in a manner that is unethical or unlawful.
4.3.2. The constituent units and the University encourage the commercialization of intellectual creations covered by the Guidelines and this Regulation in a manner that strengthens the scientific and artistic entrepreneurship of their employees, students, and collaborators, and promotes the establishment of new legal entities based on innovative and creative intellectual creations (development companies and spin-off companies).
Additional Support
Given the complexity of the legal and organisational arrangements governing relationships with spin-off companies, other materials published on the website of the University of Zagreb Centre for Research, Development and Technology Transfer, under the Technology Transfer Regulations section, may also be relevant.
You are also welcome to contact us for additional support in establishing a spin-off company. Further information is available on the Business Start-up Support page.
