The freedom of research and university autonomy from the viewpoint of technology transfer according to the law of Hungary and Austria (Styria) and Germany (Brandenburg)

Stipkovits, Tamás István (2024) The freedom of research and university autonomy from the viewpoint of technology transfer according to the law of Hungary and Austria (Styria) and Germany (Brandenburg). STUDIA JURIDICA ET POLITICA JAURINENSIS, 11 (2). pp. 25-44. ISSN 2064-5902

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Abstract

This study explores the evolving dynamics of university autonomy andthe freedom of research considering increasing expectations fortechnology transfer within higher education institutions. Focusing onHungary, Austria (Styria), and Germany (Brandenburg), the paperprovides a comparative legal analysis of how these Central Europeanjurisdictions reconcile traditional academic freedoms with the modernentrepreneurial role of universities. It addresses how constitutionalprovisions, higher education laws, and patent regulations shapeinstitutional and individual rights in the context of academic capitalism.By analysing legal frameworks and key court decisions, the studytensions between institutional autonomy and researchers’ rights,particularly regarding intellectual property and administrativegovernance. The fndings suggest that while Brandenburg provides amodel of integration between legal clarity and institutional support forinnovation, Hungary and Austria reveal gaps in the horizontal protectionof academic freedoms and the legal recognition of researchers' roles inknowledge commercialization.

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