A interação entre empresários e universidades para pesquisa, desenvolvimento e inovação: possível aplicação e efetividade dos Lambert Agreements no Brasil

Abstract

This thesis aims to investigate the interaction amongst entrepreneurs and public universities in Brazil, focusing on the partnerships between them for implementing joint efforts towards research, development and innovation activities. The relevance of the research theme lies in the consideration that the development of a nation is connected to the development of its productive and technological capacities, which can be established, in the market and its multiple dimensions spectrum, through the most diverse configurations between the agents of the innovation process. Thus, the problem statement of this thesis can be described as follows: by considering the legal and political dimension of the market as parameters, the Lambert Agreements may be considered as potentially suitable tools to instrumentalize the relationship between entrepreneurs and public universities in Brazil. In order to achieve this potential, the agreements should (a) lead to a reduction of the transaction costs regarding the contracts agreed between the parties in question; and (b) meet the requirements of the Brazilian legal system. Such analysis involves the identification of three main research questions, which may be systematized as follows: (1) What would be the most appropriate conceptual approach to address the relationship between entrepreneurs and universities? (2) Why might it be helpful to address the themes of innovation and development according to the approach of the market as a polyhedral phenomenon, formed by four interdependent dimensions – political, economic, legal and social?; and (3) How might the Lambert Agreements work as potential instruments to facilitate the relationship between entrepreneurs and public universities in Brazil?, the latter comprising the addition of the following secondary research questions: (3.1) Is the adoption of the Lambert Agreements capable of reducing transaction costs involved in the contracting process between those parties? (3.2) Are the Lambert Agreements suitable for implementation by the Brazilian legal system? If not, is it possible to make them more suitable? How? (3.3) Why the choice of a British instrument for Brazil? For the purpose of answering the referred questions, this thesis will be organized into four chapters, preceded by the introduction and followed by the conclusion and bibliographic references. As far as methodology is concerned, this work is based on qualitative theoretical research, which is supported by the method of content analysis, since the outlined objectives call for the study of theoretical and legal texts that allow the formulation of an analytical network of concepts to interpret the themes of innovation and contractual interaction between entrepreneurs and universities. As for research techniques, the work will focus on indirect documentation, that is, literature review, through bibliographical and documentary research, based on an interpretation of texts referring to technological innovation, economics, intellectual property, company law and administrative law. Finally, the conclusion indicates that the contractual models identified as Lambert Agreements can be applied in Brazil and have the potential to reduce transaction costs involved in partnerships between entrepreneurs and universities (ICTs) for RD&I, effectively facilitating the establishment of this form of interaction between such actors of the innovation process.