L’amministrazione ‘diversamente pubblica’ e la selezione del contraente nei contratti di ricerca, sviluppo e trasferimento tecnologico

The «disabled» public administration and the selection of contractors in research, development and technology transfer agreement (J. e . l .: K12, K21, K23). Uncertain rules about the selection of contractors for public research institutions create uncertainty and discourage collaboration in the field of research and development and technology transfer. By reviewing a recent decision of the Lombardy administrative court on a clinical validation agreement between a research foundation and a multinational corporation, this article purports to understand the legal framework within which such agreements take place and to highlight possible direction to drafting an Italian Bayh-Dole Act that could fix the gaps and deficiencies in legislation concerning innovative efforts and competitiveness.