Intellectual Property in EU funded research projects by Catarina D'Araujo

Intellectual Property in EU Funded Research Projects CATARINA D’ARAUJO catarina.araujo@iprhelpdesk.eu 27 January 2012 ENoLL, Brussels

2 •  Funding sources •  IP Rules and Agreements in FP7 •  Speciﬁc Vocabulary in FP7 •  IP rules in CIP •  Need Assistance? The European IPR Helpdesk January 2012 © European IPR Helpdesk 2012

3 Funding sources ICT (InformaQon and CommunicaQon Technologies) January 2012 © European IPR Helpdesk 2012

4 STOP IP Rules and Agreements in FP7 January 2012 © European IPR Helpdesk 2012

5 Where do I ﬁnd rules regarding IP in FP7 projects? January 2012 © European IPR Helpdesk 2012

6 IP Rules in FP7 Protec@on of IP in FP7 projects is dealt with in … Note! … Grant Agreement The IPR Helpdesk has produced several fact … ConsorQum Agreement sheets dedicated to IP management in FP7 … Guide to Intellectual Property projects Rules for FP7 projects (= not legally binding) January 2012 © European IPR Helpdesk 2012

7 Who is involved in the main agreements? January 2012 © European IPR Helpdesk 2012

8 Overview: FP7 Agreements PROJECTBENEFICIARI EUROPEAN COORDINATORES COMMISSION CONSORTIUM AGREEMENT GRANT AGREEMENT EC TIMELINE PROCESS January 2012 © European IPR Helpdesk 2012

9 Clauses & Issues Document Signature Par@es Content IP relevant issues Annex I -‐ DoW and PUDF Establishes the rights Annex II -‐ General and obligaQons of condiQons applying to End of Beneficiaries & beneficiaries with FP7 projects, including Grant Agreement negoQaQons phase the European Commission regard to the EU the management of IPR IP rules are not Annex III -‐ CondiQons negoQable specific to each FP7 programme Sets out the legal basis for the internal All IP aspects related to Project During relaQonship and the specific project Consor@um Coordinator & negoQaQons responsibiliQes among (without contradicQng Agreement phase other beneficiaries. the Grant Agreement Beneficiaries IP rules need to be provisions on IP) agreed upon by partners January 2012 © European IPR Helpdesk 2012

10 STOP Speciﬁc Vocabulary in FP7 January 2012 © European IPR Helpdesk 2012

11 Vocabulary in FP7 Key terms in the context of FP7 are: •  Background •  Foreground •  Access rights •  Use •  DisseminaQon January 2012 © European IPR Helpdesk 2012

12 Background •  Remains the property of the project partner that brings it into Protec@on of background before the project starts is very the project important! •  Project partners have the right to define the background that each of them is going to make available to the project and / or exclude from their obligaQon to grant access rights • IdenQficaQon be done as “posiQve” or “negaQve” list – in wriQng This can DefiniQon CondiQons AuthorisaQons NDA and ajached to the ConsorQum Agreement January 2012 © European IPR Helpdesk 2012

13 Foreground (I) Ownership: •  Each beneficiary is the owner of the results it generates during the project. •  Employees rights have to be taken into consideraQon. Joint ownership: •  Arises for foreground generated in common between two ay bmore Joint ownership m or e partners while their respecQve parts cannot be determined. (as one-‐ dealt with in the CA size-‐fits-‐all instrument) or in •  Project partners must therefore conclude a joint ownership a separate agreement for agreement to deal with allocaQon and exercise of the roint ownership each specific jights. •  In absence of such an agreement, a default joint situa@on. regime ownership applies. January 2012 © European IPR Helpdesk 2012

14 Foreground (II) Transfer of Ownership: • A beneﬁciary may transfer ownership of its foreground. • The other project partners should be informed about the envisaged transfer – objecQon possible if their access rights are not preserved. Licensing: • A project partner may grant an exclusive license to foreground / background but the other parQcipants shall waive their access rights in wriQng. January 2012 © European IPR Helpdesk 2012

15 Access Rights (I) •  Each project partner has the right to request access rights to the other project partner‘s background and foreground as long as it needs them in order to carry out its work under the project or to use its own foreground. •  Must be made in wri@ng. •  Are to be granted throughout the duraQon and up to 1 year amer the end of the project for use needs (unless a diﬀerent period is agreed). •  Access rights do not confer the right to grant sub-‐licences. •  Aﬃliated en@@es may get some access rights for use purposes. However they need foreground ownership (to be transferred on by parQcipants in whole or in part). January 2012 © European IPR Helpdesk 2012

16 Access Rights (II) Gran@ng of Access Rights Project parQcipants have an obligaQon to grant other partners access to their know-‐how, if the lajer need the know-‐how in order to be able to implement the project or to use the results of the project Access to Access to background foreground Project Royalty-‐free (unless Royalty-‐free implementaQon otherwise agreed before the GA) Use of results Royalty-‐free, or on Royalty-‐free, or on fair and reasonable fair and reasonable condiQons condiQons January 2012 © European IPR Helpdesk 2012

17 ProtecQon •  Choice of the most suitable IP protec@on tools (e.g. patent or confidenQal informaQon?) •  Adequate and effec@ve considering the results characterisQcs •  In accordance with the other partners’ legi@mate interests •  No mandatory, but good prac@ce to consult with other It is important to remember partners before protecQng that many IPR demand •  Where foreground capable of industrial s aor commercial novelty a requirement for acquiring protec@on. applicaQon has not been protected, no onfiden@ality is Keeping c dissemina@on ac@vi@es may take place therefore essen@al. •  Once foreground has been protected, then you can start planning how to use and disseminate the project results January 2012 © European IPR Helpdesk 2012

18 Use Beneﬁciaries shall use the foreground which they own or ensure that it is used, essenQally through two routes: •  for use in commercial ac@vi@es, such as markeQng a product; •  for use in further research ac@vi@es. This use of foreground can be direct (by the owner itself), or carried out by other parQes (through licensing, for example). January 2012 © European IPR Helpdesk 2012

19 DisseminaQon (I) Annex II of the Grant Agreement = the disclosure of foreground by any appropriate means other than that resulQng from the formaliQes for protecQng it, and including the publicaQon of foreground in any medium. January 2012 © European IPR Helpdesk 2012

20 DisseminaQon (II) Project partners are obliged to disseminate the results swily (having due regard the other partners’ interests, IP rights and conﬁdenQality) But: •  No disseminaQon of foreground may take place before decision is made regarding its possible protecQon. •  In case project partners fail to disseminate the results without any jusQﬁcaQon, the Commission may disseminate the foreground without seeking permission from the project partners who own it (Art II.30.2 of GA) January 2012 © European IPR Helpdesk 2012

22 IP in FP7 Project Life Cycle The IPR Helpdesk has recently produced three fact sheets which provide you with a general overview of the enQre FP7 process, from the proposal stage unQl the end of the project. All these fact sheets are strictly interconnected so that a thoroughgoing reading of the three is strongly advisable for a bejer understanding of the issues at stake. January 2012 © European IPR Helpdesk 2012

23 Amer Project End ? Exploita@on of IP •  Make direct revenues (exploitaQon conceded to third parQes) -  Licensing -  Franchising -  Sale •  Valorise IP = to increase IP value, intangible assets •  Safeguard intangible values/capital of the company by enforcing IP rights  Increase oragniza@onal business value! January 2012 © European IPR Helpdesk 2012

25 IP rules in CIP •  The IP rules can be found in the concrete work programme, model grant agreement and informaQon within the call documenta@on. •  The rules follow the general scheme of FP7, but have important specificiQes. ParQcipants must be familiar with these specificiQes and be aware that they differ from programme to programme. January 2012 © European IPR Helpdesk 2012

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January 2012 Photo credits © istockphoto.com/Pavel Bolotov istockphoto.com © istockphoto.com/Marek Ulias © istockphoto.com/Maridav © istockphoto.com/Daniel Laflor © istockphoto.com/Zeffss1 © istockphoto.com/Lise Gagne © istockphoto.com/ChrisQan Baitg © istockphoto.com/jfelton © istockphoto.com/Alex Slobodkin © istockphoto.com/rzdeb © istockphoto.com/Andrew Johnson © istockphoto.com/Agata Malchrowicz © istockphoto.com/YanC © istockphoto.com/Joseph Weber © istockphoto.com/Danijela Pavlovic Markovic © istockphoto.com/RQmages © istockphoto.com/Yuri_Arcurs © istockphoto.com/Dave White © istockphoto.com/Sean Locke © istockphoto.com/José Carlos Pires Pereira Others © Boggie, ScoutMedia © clker.com Disclaimer/Legal No@ce The informaQon and advice contained in this presentaQon is not intended to be comprehensive and ajendants are advised to seek independent professional advice before acQng upon them. The European IPR Helpdesk is not responsible for the consequences of errors or omissions herein enclosed. Re-‐use of informaQon contained in this presentaQon for non-‐commercial purposes is authorised and free of charge, provided the source is acknowledged. The European IPR Helpdesk is not responsible for any impact or adverse effects on third parQes connected with the use or re-‐use made of the informaQon contained in this presentaQon The European IPR Helpdesk is managed by the European Commission’s ExecuQve Agency for CompeQQveness and InnovaQon (EACI), with policy guidance provided by the European Commission’s Enterprise & Industry Directorate-‐General. The posiQons expressed are those of the authors and do not necessarily reflect the views of the European Commission. © European IPR Helpdesk 2012

Intellectual Property in EU funded research projects by Catarina D'Araujo

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