The first internal workshop on IPR Management Procedures provided the EFRA consortium with knowledge and tools necessary to safeguard any future intellectual assets, in the course of the project.

1. Hosted by:
efraproject.eu
HORIZON-RIA: EFRA
Hosted by:
IPR MANAGEMENT PROCEDORES

2. efraproject.eu
AGENDA
INTELLECTUAL PROPERTY (IP) & INTELLECTUAL
PROPERTY RIGHTS (IPR)
IP IN EU FUNDED PROJECTS / IP MANAGEMENT
IP MANAGEMENT IN EFRA
WORKFLOW
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INTELLECTUAL PROPERTY (IP) &
INTELLECTUAL PROPERTY RIGHTS
(IPR)
THE DIFFERENCE
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IP = INTELLECTUAL
PROPERTY
IPR = INTELLECTUAL PROPERTY
RIGHTS
IP = refers to creation of the mind
IP = intangible assets (non-physical
property) which can be traded
Inventions, software code, new methods,
manuals/reports, designs (aesthetic/functional),
symbols, databases, works of art, music,
videos, books, roadmaps, etc.
IPR = refers to all rights associated with
intangible assets owned by a person or company
and protected against use without consent
Patents, copyright, industrial designs, database
rights, trademarks, utility models, trade secrets,
know-how, confidential information

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WHY IS IT IMPORTANT TO PROTECT
INTELLECTUAL PROPERTY?
Intellectual Property Rights, as exclusive rights, allow
your organization to prevent competitors from using
your intangible assets.
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BUT
Intellectual Property Rights require action:
ownership ≠ protection
Therefore, it is crucial for your
intellectual property asset to be:
PROTECTED
ENFORCED
MANAGED

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IP PROTECTION MEASURES
GENERAL
PRINCIPLES
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Intellectual Property IPR (IP protection measure)
Books, computer programmes, databases Copyrights
Inventions Patents and utility models
Innovative designs
(Ornamental or aesthetic aspects of a
product)
Industrial designs
Brands Trademarks
Any information that is not generally
known, confers a competitive edge and is
subject to reasonable efforts to maintain
its secrecy
Trade secrets
Signs used on goods with a specific geo.
origin, which possess qualities, reputation
or characteristics mainly related to that
place of origin
Geographical indications
A new, distinct, uniform and stable plant
variety
Plant Variety Protection
Principle of Territoriality
Rights Conferred
Duration of the Protection
IP rights are territorial rights – the exclusive rights are only
applicable in the country or region in which an IP protection
measure has been granted, in accordance with the law of that
country/region.
An IP right grants to its owner a temporary monopoly over its
creation. Nobody without his authorisation may use,
commercialise, etc. the protected asset.
Copyright: 70 yrs after the death of the author
Patent: 20 yrs after the application
Ind. Designs: 25 yrs after the registration
Trademarks: indefinitely, as long as renewal fees are paid
It is important that businesses take proactive measures to protect their IP assets so
that they may continue to obtain the full financial benefit that IP assets ultimately
provide.

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IP IN EU FUNDED PROJECTS
- IP MANAGEMENT IN EFRA
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01.
02.
03.
A convincing outline of IP management and exploitation strategies at individual
and consortium level within the proposal is a relevant matter.
Results of research and development activities require further and often
substantial investments to take them to market, which is appealing if the results
are well protected through intellectual property.
Properly managing IP in the projects helps participants avoid future conflicts
among the consortium.

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KEY TERMS IN THE CONTEXT OF
HORIZON PROJECTS
FOREGROUND
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EXPLOITATION
DISSEMINATION
ACCESS RIGHTS BACKGROUND
What will be generated
during the project?
What are the results?
Using the results in further
research activities.
Developing, creating and
marketing a product/ process/
service. Standardization
activities. Transfer of results or
licensing. Spin – offs.
What is in your pocket?
What IP do you already have
protected
Who has access rights to your
pocket (background) and to the
results (foreground)
Public disclosure. Websites.
Peer reviewed publications/
open access. Conferences.

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BACKGROUND IP
The IP assets that each partner is bringing to the project: Inventions, databases, know–how, secret
knowledge, methods, etc….
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IMPORTANT : Background IP must be identified in writing (managed by the CA)
Access rights on background – partners must give each other access to background needed to
implement their own tasks and exploit their own results
No obligation to give access if there are restrictions or limits (legal or otherwise) and the partner has
informed other partners
Access rights during project implementation Access rights during project
exploitation
Royalty – free (can be changed)
On fair and reasonable conditions (free?,
monetary, non-financial)

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FOREGROUND IP
THE RESULTS
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THE
RESULTS
OWNERSHI
P
OF RESULT
ACCESS
RIGHTS TO
RESULTS
The outcomes generated through the project -
Inventions, databases, know–how, secret
knowledge, methods, etc.
Partners must give each other access to
background needed to implement their own
tasks and exploit their own results
Single Ownership: Who generates it – owns it
Joint Ownership: If the partners have jointly generated the results
and it is not possible to establish their respective contribution, the
partners automatically become joint owners.
Joint Ownership agreement (in writing)
Who is the owner?
Keep your document to prove your
ownership!

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OBLIGATION TO PROTECT THE
RESULTS
EACH PARTNER MUST EXAMINE THE
POSSIBILITY OF PROTECTING ITS RESULTS IF:
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• THE RESULTS CAN REASONABLY BE EXPECTED TO
BE COMMERCIALLY OR INDUSTRIALLY EXPLOITED
• PROTECTING THEM IS POSSIBLE,
REASONABLE AND JUSTIFIED
1. BEWARE OF UNINTENDED
DISCLOSURE!
2. IF YOU WANT TO PROTECT
SOMETHING, THINK CAREFULLY
ABOUT DISCLOSURE.
3. PUBLICATION SHOULD BE
APPROVED BY THE IP
MANAGEMENT PARTNER AS
WELL AS THE OTHER PARTNERS
INVOLVED WITH CONTENT IN
QUESTION.

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OBLIGATION TO DISSEMINATE
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Project partners are obliged to disseminate the results swiftly (i.e., to
scientific community/broader public, by any appropriate means).
Beware not to infringe third parties' intellectual property rights!
Open access as a general principle of scientific dissemination
Dissemination activities are listed in the Exploitation and
Dissemination Plan
No dissemination of results may take
place before decision is made
regarding their possible protection.
All publications or any other type of
dissemination (also in electronic form)
shall include a statement that the action
received financial support from the EU –
the same applies to results incorporated
in standardization activities.

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OBLIGATION TO EXPLOIT
Project partners are obliged to ensure exploitation of its results (either directly or indirectly;
in particular, through transfer or licensing) by:
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Using them in further
research activities
Developing, creating or
marketing a product or process
Creating and providing
a service
Using them in standardization
activities or other use scenarios
(such as to inform policy or for
educational purposes).
Therefore, exploitation of project results can be commercial and non-commercial
The European Commission encourages the use of the R&I results through third-party exploitation (where appropriate).
If despite the best effort for exploitation no uptake happens within a specific period after the end of the project (1 year), then the
project must use the Horizon Results Platform to make exploitable results visible

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IP MANAGEMENT IN EFRA
The exploitation activities will be regularly evaluated and monitored during
and after the end of the project.
Exploitation may take multiple forms:
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Financial
exploitation
Research and
Development
Education Community
Building
Knowledge
transfer
Contribution to
policy

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EFRA EXPLOITATION METHODOLOGY
FIRST STEP
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In this tool, the list of the identified
KERs is provided where partners
are asked to state the scope of
exploitation, the KERs’ target
groups, the means of exploitation
and to identify possible IPRs that
derive from the exploitation of the
identified project’s results.
“KERS INVENTORY & IPRS”
ONLINE TOOL

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EFRA EXPLOITATION METHODOLOGY
SECOND STEP
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STEP 1
Inclusion of newly identified KERs:
STEP 2 STEP 3 STEP 4 STEP 5
Identify possible KERs Inform project Coordinator Validate identified
KERs with consortium
Update KERs incorporating
possible input by the consortium
Inclusion of the
KERs to the list
Identification of possible additional exploitable results that may be
developed during the project
Three (3) in total Exploitation Strategy workshops will be organised
by RAINNO, aiming to maximise the possibilities of identification and
ensure the alignment of the consortium
When one or more partners
identify a new KER, the partner
has to inform the Coordinator
providing a detailed explanation
of the exploitability potential of
the identified result by making
sure it aligns with the project
exploitation plan.

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WORKFLOW
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WORKFLOW
CREATION OF IPR MANAGEMENT GROUP
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Every partner nominates a person as an IPR Manager for EFRA project. A file “List of IPR
Managers” will be filled in by every partner (IPR Manager name and Email).
IPR Manager will attend IPR management group meetings.
Functions and responsibilities of IPR Manager:
o Develop an inventory of IP assets  correct and updated.
o Resolve IP-related conflicts with other partners.
o Review and improve IP procedures if new issues arising.
o Raise a dispute to IP  ONLY an IPR Manager can raise it.
o Deal with disputes and/or concerns for Exploitation and Dissemination.
IPR management group review meetings will take place upon request to do so.

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WORKFLOW
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IP NOTIFICATION PROCEDURE
A partner that has developed IP as part of EFRA shall notify the other
partners about the IP to ensure proper management and protection.
Who can notify IP? Any member of the partner that has developed IP.
*Joint results should be reported by one of the partners  unique
notification.
How to notify IP? By sending an e-mail to the IPR Leader (RAINNO).

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WORKFLOW
IP DISPUTE PROCEDURE
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IP dispute arises when an IP notification is received and one or
more partners do not agree with an aspect of the notification: it
may be due to ownership, IP description or dependencies.
Who can raise a dispute to IP? Only an IPR Manager can raise
it.
How to raise a dispute to IP? By notifying IPR Leader (RINNO)
of the claim to IP, evidence gathered will be provided.
When can an IP dispute be raised? Within 15 days after the
reception of IP notification.
What comes next? IPR Leader will consider the reasons given
and will open or discard a dispute with the other partner.

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WORKFLOW
IP CONFLICT RESOLUTION PROCEDURE
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IPR Leader will identify the conflicting partners, the specific IP in
question, the scope of the conflict and their claims to the IP.
Every IPR Manager involved in the conflict will collect all
relevant documentation related to the IP.
Conflicting partners have 15 days to reach an agreement.
IPR Leader will call the conflicting parties after 15 days to
track the agreement.
Is there an IP agreement?
Yes  agreed IP notification to IPR Leader.
No  IP conflict is escalated by IPR Leader to Technical Manager
to take a decision.

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WORKFLOW
IP DISPUTE PROCEDURE
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IP update  Adding new IP to the inventory
(Foreground).
When can IP be updated? When there are no IP
disputes or agreement has been reached between
parties.
Who can update IP? IPR Leader will update the
document and will inform the IPR Manager about the IP
asset added.

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WORKFLOW
IP FORMAL APPROVAL PROCEDURE
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IP formal approval  All parties agree that IP inventory is
correct and ready for exploitation.
IP formal approval follows IP initial approval.
IP initial approval  IPR management group approves
latest inventory version on review meetings and submits it
to Technical Manager.
The IP inventory is formally approved at the General
Assembly meeting.

23. THANK YOU!
efraproject.eu