In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.

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State aid and IP
in R&D
agreements

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What is State aid?
“Any assistance or subsidy given by a Member State which distorts or
threatens to distort competition”

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How does it impact
research and
collaboration?
• Benefit to economic undertakings
using state resources
• Collaboration
• Contract Research/Services
• Business incubators
• Research infrastructure

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Why should I care?
Unauthorised State aid is unlawful:
• Recipients of aid may be ordered to repay
the aid, even if this leads to insolvency
• Aid providers may be sued for damages
• Reputational damage
• If part of a wider scheme, that scheme
may be terminated
• State aid compliance likely to be a
condition of grant funding – leading to
clawback, termination or possible
indemnity claims

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Scenario 1
• Research and development agreement
• Private sector funding
• University contribution and/or grant
funding

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Scenario 2
• Development of a new R&D centre
• Funded in part by industry and in part by
university via grants

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State aid and IP in
R&D agreements