Abstract

In the current regulatory framework, the issue of rules and procedures applicable to the selection of a contractor by the public administration for the exploitation of research results protected by intellectual property rights is rather complex. The traditional distinction between active and passive contracts, due to the late legislation on state accounting, is paralleled by the current scope of the code of public contracts, that attracts to its principles also cases of active contracting, within which public-private technology transfer agreements fall. While the whole matter will be hopefully reviewed in the wake of the bureaucratic transition, this writing offers an interpretation of current rules that is consistent with the overall framework and with the practice of technology transfer