Legal Issues related to the development, rollout and exploitation of Field Operational Test of Living Labs Hans Bracquené, Bracquené Legal Consulting at IPR and Living Labs Workshop organised in Brussels on January 27th, 2012.

1. Legal
Issues
related
to
the
development,
rollout
and
exploitation
of
Field
Operational
Test
of
Living
Labs
Seminar
Living
Labs
J A N U A R Y
2 6 T H
2 0 1 2

2.
Speci=ic
questions
complementary
to
the
general
FP
Consortium
Agreements
Questions
related
to
1. The
organisation
of
the
FOT
2. The
physical
platform
3. The
intellectual
property
rights
4. The
organisation
of
the
test
panel

3. 1.
Organisation
of
the
FOT
— Separate
Legal
Entity?
¡ Seldom
used
¡ Type
of
Infrastructure?
¡ Intended
Life
Time?
— Daily
Management
and
related
Powers
More
complicated
legal
set-­‐up
requesting
more
interaction
with
third
parties

4. — Admission
of
New
Members
¡ Who
decides?
¡ Open
character?
¡ Competitors?
Cf.
competition
law
¡ Different
Types
of
Membership?
Members
vs.
Customers

5. 2.
Development,
rollout
and
exploitation
— “Classical”
R&D
complemented
by
“classical”
delivery
Date,
acceptance,
warranties
and
liabilities:
Obligation
of
result?
Ownership
of
the
platform:
by
one
legal
entity
or
remains
with
contributors?
Avoid
co-­‐ownership
Exploitation:
who
can
commit
FOT
and/or
consortium
members?
Price-­‐setting
¡ contribution
of
parties
need
to
be
re=lected
¡ third
parties:
arm’s
length
price

6. 3.
Intellectual
Property
Rights
— FP7
scheme
applicable
to
R&D
part
but
not
adapted
for
speci=ic
questions
— Test
Results
are
highly
sensitive
and
product
owner
will
not
share
them
nor
grant
user
rights
— Separate
category
of
Foreground:
owned
by
product
owner
without
any
further
obligation

7. — Product
improvement
of
development
using
the
LL:
FP7
scheme
in
principle
applicable
but
acceptable?
¡
end
phase
of
product
development
¡
attractiveness
for
third
parties
of
the
LL

8. 4.
Test
Panel
— Speci=ic
Background
and
Foreground
related
to
the
selection
and
management
of
the
panel.
Speci=ic
treatment
required?
— Relationship
with
test-­‐user
¡ Beware:
no
longer
under
commercial
law
but
civil
law
¡ Keep
it
simple
but
be
explicit
— Non-­‐disclosure
agreement

9. — Agreement
for
the
use
of
the
product
¡ Loan
¡ No
warranty,
servicing
¡ Liability
— Privacy
Legislation

10. Hans
Bracquené
Tel:
+32
16
23
95
49
Fax:
+32
16
20
06
21
www.bracquene.be