Der Technologietransfer der deutschen Hochschulen im Binnenmarkt der Europäischen Union

This study is the first to explain in detail how universities should exploit industrial property rights in order to be able to exclude the granting of aid as stipulated by Art. 107 (1) of the TFEU. After the author has concluded that the objectives of Art. 179 (1) of the TFEU need to be taken into account in the application and interpretation of the prohibition of state aid, he discusses the ‘criterion of economically exploitable research organisation’ derived from the ‘market economy investor principle’, which is recognised by the courts of the EU in terms of economically acknowledged patent evaluation and negotiation methods. Finally, the author critically discusses the legality and applicability of the R&D&I framework of the EU Commission, which is valid until 2020 and will then probably have to be amended. Due to the author’s work in the field of technology transfer, this study is of particular practical relevance.