Symmetrical transactions in public knowledge governance: public procurement and academia–industry knowledge transfer

This article examines knowledge-intensive public procurement and formal academia–industry intellectual property (IP) transactions as structurally comparable forms of public knowledge transactions in knowledge-based economies. Although traditionally regulated as distinct legal fields, both regimes involve direct public-sector participation in knowledge markets: procurement facilitates the acquisition of knowledge-intensive outputs, while knowledge transfer enables the dissemination and commercialisation of publicly funded research. In both settings, contracts and IP rights allocate control over intangible assets, distribute innovation risks, and shape economic returns. Drawing on doctrinal and conceptual analysis of procurement law, IP law, and research and innovation policy instruments, the article develops the concept of ‘public knowledge transactions’ to capture these reciprocal exchanges. It argues that, despite important institutional differences, the two regimes rely on comparable transactional mechanisms, particularly regarding IP allocation, valuation under uncertainty, and contractual risk distribution. At the same time, their regulatory frameworks diverge significantly: procurement is structured through ex ante competition and transparency requirements, whereas knowledge transfer relies more heavily on contractual discretion and ex post state aid and competition controls. The article argues that recognising this shared transactional architecture supports greater conceptual coherence in public knowledge governance without requiring formal regulatory convergence.