Creation of Software Within the Academic Context: Knowledge Transfer, Intellectual Property Rights and Licenses

Using the method of comparative analysis, this paper explores different legal issues related to software management within universities. It is organized in two sections. The first section will deal with the crucial issue of ownership of intellectual property rights in copyrights and patents, outlining the discussion with reference to the specific objective of this review. The regulatory framework in this field, which is often opaque due to the different regulations that characterize the diverse forms of intellectual property rights, is made even more incomprehensible by providing different legal regimes according to the status of the person who has carried out the research (professors, lecturers, fellows, graduate students, etc.). The second section provides an explanation of the role that contract law, and specifically licensing, has in the exploitation of software. Finally, considerations of a general nature will be developed and some operational solutions proposed, primarily aimed at emphasizing the importance of a systematic approach to the transfer of knowledge in a university environment.