IPR and EU-funded projects by Ms. Catarina D'Araujo (IPR Helpdesk) at the IPR and Living Labs workshop on January 27th, 2012.

1.
Intellectual
Property
in
EU
Funded
Research
Projects
CATARINA
D’ARAUJO
catarina.araujo@iprhelpdesk.eu
27
January
2012
ENoLL,
Brussels

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

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

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

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

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

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

8. January
2012
©
European
IPR
Helpdesk
2012
8
EC
PROJECT
COORDINATOR
BENEFICIARI
ES
GRANT AGREEMENT
TIMELINE PROCESS
Overview:
FP7
Agreements
EUROPEAN
COMMISSION
CONSORTIUM
AGREEMENT

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

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

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

12. January
2012
©
European
IPR
Helpdesk
2012
Background
12
• Remains
the
property
of
the
project
partner
that
brings
it
into
the
project
• 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
• This
can
be
done
as
“posiQve”
or
“negaQve”
list
–
in
wriQng
and
ajached
to
the
ConsorQum
Agreement
Protec@on
of
background
before
the
project
starts
is
very
important!
IdenQficaQon
DefiniQon
CondiQons
AuthorisaQons
NDA

13. January
2012
©
European
IPR
Helpdesk
2012
Foreground
(I)
13
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
or
more
partners
while
their
respecQve
parts
cannot
be
determined.
• Project
partners
must
therefore
conclude
a
joint
ownership
agreement
to
deal
with
allocaQon
and
exercise
of
the
rights.
• In
absence
of
such
an
agreement,
a
default
joint
ownership
regime
applies.
Joint
ownership
may
be
dealt
with
in
the
CA
(as
one-­‐
size-­‐fits-­‐all
instrument)
or
in
a
separate
agreement
for
each
specific
joint
ownership
situa@on.

14. January
2012
©
European
IPR
Helpdesk
2012
Foreground
(II)
14
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.

15. January
2012
©
European
IPR
Helpdesk
2012
Access
Rights
(I)
15
• 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).

16. January
2012
©
European
IPR
Helpdesk
2012
Access
Rights
(II)
16
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
background
Access
to
foreground
Project
implementaQon
Royalty-­‐free
(unless
otherwise
agreed
before
the
GA)
Royalty-­‐free
Use
of
results
Royalty-­‐free,
or
on
fair
and
reasonable
condiQons
Royalty-­‐free,
or
on
fair
and
reasonable
condiQons

17. • 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
partners
before
protecQng
• Where
foreground
capable
of
industrial
or
commercial
applicaQon
has
not
been
protected,
no
dissemina@on
ac@vi@es
may
take
place
• Once
foreground
has
been
protected,
then
you
can
start
planning
how
to
use
and
disseminate
the
project
results
ProtecQon
January
2012
©
European
IPR
Helpdesk
2012
17
It
is
important
to
remember
that
many
IPR
demand
novelty
as
a
requirement
for
acquiring
protec@on.
Keeping
confiden@ality
is
therefore
essen@al.

18. January
2012
©
European
IPR
Helpdesk
2012
Use
18
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).

19. January
2012
©
European
IPR
Helpdesk
2012
DisseminaQon
(I)
19
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.

20. January
2012
©
European
IPR
Helpdesk
2012
DisseminaQon
(II)
20
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)

21.
At
which
stages
of
my
project
does
IP
maCer?
©
European
IPR
Helpdesk
2012
21
January
2012

22. IP
in
FP7
Project
Life
Cycle
January
2012
©
European
IPR
Helpdesk
2012
22
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.

23. Amer
Project
End
?
January
2012
©
European
IPR
Helpdesk
2012
23
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!

24. STOP
IP
rules
in
CIP
©
European
IPR
Helpdesk
2012
24
January
2012

25. IP
rules
in
CIP
January
2012
©
European
IPR
Helpdesk
2012
25
• 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.

26. STOP
January
2012
©
European
IPR
Helpdesk
2012
Need
Assistance?
The
European
IPR
Helpdesk
26

27. January
2012
©
Europe
an
IPR
Helpdes
k
2012
Services
Services
Website
Bulle@n
Newsleber
Training
Helpline
Awareness
Raising
Ac@vi@es
Publica@ons
All
of
our
services
are
offered
free
of
charge.
January
2012

28. We look forward to getting in touch with you!
www.iprhelpdesk.eu
Phone +352 25 22 33-333 (Helpline)
Fax + 352 25 22 33-334 (Helpline)
28
January
2012
©
European
IPR
Helpdesk
2012

29. January
2012
©
European
IPR
Helpdesk
2012
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credits
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Disclaimer/Legal
No@ce
The
informaQon
and
advice
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in
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presentaQon
is
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intended
to
be
comprehensive
and
ajendants
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professional
advice
before
acQng
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Helpdesk
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for
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consequences
of
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or
omissions
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enclosed.
Re-­‐use
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of
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is
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impact
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on
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parQes
connected
with
the
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or
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informaQon
contained
in
this
presentaQon
The
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IPR
Helpdesk
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managed
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the
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ExecuQve
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for
CompeQQveness
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InnovaQon
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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.