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					                   Intellectual Property Rights

                            in EC projects

   Bruno Le Dantec                            Katerina Tsakona
    GEIE ERCIM                                    FORTH

Bruno.le_dantec@ercim.org
                                             ktsakona@admin.forth.gr



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                               What is it about ?

    Intellectual Property Rights(IPR) provisions govern the
           ownership, transfer, dissemination and use of
          research results generated during FP6 project...

at any time of the project/proposal life
•      Preparation: patent searches to identify prior ownership,
       possible IPR-protected areas, …
•      Negotiation: specific IPR provisions to be agreed if needed
       (consortium agreement), practical IPR management, …
•      During: protection of the results, management of resulting IPR,
       granting of access rights, …,
•      After: dissemination of the results, use of the results by
       partners or third parties

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                              Why is it needed ?

        Clarify ownership of results to ensure a smooth
                   implementation of the project

•     Increase certainty of participants’ intellectual
      property
•     Protect EC investment
•     Make available access rights in order to
         – promote the use of the knowledge (results of the project)
         – promote the dissemination of the knowledge
•     Same rules for each instrument # FP5
•     Same rules for each participant # FP5

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                          Know-how ?




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                              Know-how

•     Pre-existing Know-how
         – know-how needed to carry out the project or to use its results
         – held by a contractor before the project starts or acquired in
           parallel with the project (sideground)
         – can be protected or secret information
         – always remain the property of the partner in question
         – access rights shall be granted on written request
•     Points to be considered
         – identify the information available and mandatory for the
           project
         – list what information will be put into or excluded from the
           project
         – decide how the pre-existing know-how will be accessed both
           during and after the project
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                          Knowledge ?




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                              Knowledge

•     Knowledge
            • knowledge is what contractors "get out of" the project
            • covers both information and rights.
            • is owned by:
                • the contractor who carried out the work generating the K
                • where several contractors, they must agree on the
                  allocation and the terms of exercising the ownership
            • can be transferred with the EC agreement
•     Points to be considered
            • if capable of commercial/industrial application, shall be
              protected by participant or EC
            • partners can use other partners knowledge if they need it,
              but limited:
                 • for carrying out their own work under the project
                 • for using their own knowledge

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                          Access rights ?




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                          Access rights




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                          Documents ?




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                              Governing documents

•     EC contract & Annex II to EC contract
            • mandatory regulations, may be sufficient for most of the
              projects
            • http://www.cordis.lu/fp6/find-doc-
              specific.htm#modelcontracts
•     Consortium agreement (CA)
            • specify or supplement the provisions of the EC contract
            • cover all major management issues, intellectual
              property, ownership, access rights...
            • list granted and excluded pre-existing know-how
            • access rigths can be modified for exploitation
            • the conclusion of the CA is obligatory - exceptions
            • it must be signed before the start of the contract
            • it can be updated at any time


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                                Check list

• Access to know-how
     – could be difficult to identify pre-existing know-how needed or to be
       excluded
     – should ensure that the partner is free to grant access to the KH
     – private companies may be reluctant to share their know-how
• Knowledge generated must be exploited
     – long term research // applied research - open source // proprietary solution
     – difficulties to identify who produced the knowledge in large projects
     – private companies having affiliates may want the knowledge produced to
       be used by all their affiliates - IBM, HP, FT…
     – carefully check the content of any publications to avoid dissemination of
       “protected” knowledge
     – check knowledge produced by employees
     – EC can decide to directly exploit the results if parties are reluctant in...
• Difficulties to sign the EC contract governed by the Belgium law

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                                  Remember


        Clear management of IPR will allow:
                 •        Fair relations

                 •        Good results

                 •        Strong Dissemination

                 •        Use of results




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                          More informations




                           multilingual website
                          www.ipr-helpdesk.org


                           legal Helpline e-mail
                           ipr-helpdesk@ua.es




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