📋 Tender Overview
The message - which the Chamber must vote on - eliminates a series of obstacles that exist for universities to relate to scientific and technological-based companies. Thus, a higher education institution could be a partner of a startup. After concluding the review and voting on the indications presented, the members approved in particular the project that seeks to establish a regulatory framework for the transmission of results derived from scientific and technological research. In this way, the message in the second procedure, which must be sanctioned by the Chamber in a next ordinary session, creates the National Repository of Scientific and Technological Knowledge and Information; establishes the duty to promote open science in Higher Education Institutions (HEIs), and the States duty to promote research projects, creation and transfer and exchange of technology and knowledge; and generates a legal statute for the transfer of technology and knowledge, with special emphasis on HEIs and their researchers being able to create or participate in Scientific-Technological Based Companies (EBCT) developed from research results. PROBLEM State universities today cannot establish companies, they cannot participate in spin-offs (a company that arises from another existing organization). Academics cannot be executives of startups (emerging technology-based company with an innovative and scalable business model that seeks to grow rapidly). Private universities also have restrictions because they are considered related parties and their directors cannot participate in these boards of directors. These legal limits block the easy and fast flow that should exist between the private sector and academia, and mean that many entrepreneurs who have generated startups, coming from academia, have had to choose between the private world and the university. Given that, this project by lifting the restrictions, with the proper safeguards, changes the incentives and allows having a university that is a partner of a startup, for example. APPROVED TEXT The Commission finished voting on the indications that had been approved in successive sessions. Part of what was approved that the Chamber must review indicates that: Transfer of technology and knowledge will be understood as: the process of transmitting technologies, knowledge, capabilities, competencies, procedures and/or results derived from scientific and technological research to the market and society in general. Scientific and Technological Base Company EBCT will be understood as: the legal entity whose main line of business or object is the commercial exploitation of intellectual, industrial property rights or other intangible assets or results from research and development activities carried out at within academic, scientific-technological institutions and/or companies. The university research of HEIs may be developed in conjunction with other public organizations, and with public and private companies, civil society organizations or other national or international organizations. The State, through the Ministries of Science and Economy, will promote the protection and transfer of technology and knowledge so that the results of research are transferred to society. The protection and transfer of technology and knowledge will be especially encouraged in projects generated from financing, in whole or in part, with public funds. A National Repository of Scientific and Technological Knowledge and Information is created by the National Research and Development Agency (ANID), which will have the purpose of collecting, classifying, conserving, promoting and disseminating the scientific and technological knowledge existing in the country. The Repository will be publicly accessible, free of charge and will contain, at least, the identification and characterization of the projects benefiting from public funds. HEIs may create scientific-technological-based companies, or participate in them, developed from results generated by research. These companies may hold technology and/or knowledge transfer events, for consideration or free of charge. Academics who report their participation in research activities in the EBCT must request authorization from the HEI to work in the company in which they participate. HEIs that create or participate in scientific-technological-based companies, developed from research results, with or without public financing, must report whether officials or academics maintain direct or indirect participation in said companies, provided that said participation represents an economic interest.
