FP7 Projects

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FP7 Projects

• Issues for Consortium Agreements

Janet Knowles, Eversheds LLP janetknowles_at_evershed
s.com 27 May 2008
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Aims of session

• Overview of FP7
• Issues to include
• Different Model Consortium Agreements

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What is FP7?

• 7th Framework Programme for Research and
  Technological Development (2007 -2013)
• Based on 5 Specific Programmes
• Funding research in Europe (over 50 billion
  euros)
• Core of FP7 Co-operation Programme fosters
  collaborative research between industry and
  academia
• Key contracts - (1) Grant Agreement (2)
  Consortium Agreement

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Why have a Consortium Agreement?

• Compulsory signed before Grant Agreement
• Usually participants (beneficiaries) only
• Tailors arrangements
• Must respect Grant Agreement
• No official model CA
• There is a Commission checklist
• ftp//ftp.cordis.europa.eu/pub/fp7/docs/checklist
  _en.pdf

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Practical provisions

• Enhance Annex I
• Detailed tasks and timetable
• Non-financial resources
• People
• Facilities/Equipment
• Change control provisions

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Governance

• Steering committees etc.
• Powers and responsibilities
• Meetings and voting
• Supervision

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Financial

• Financial plan
• Budgeting
• Contributions
• Common expenses (joint accounts exchange rates)
• Management costs
• Change control provisions

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Intellectual Property

• Basic principles
• Flexibility for IP rules
• Encourage protection of IP
• Ensure maximum use of foreground IP
• Is FP7 appropriate?
• Must grant certain rights re IP
• How valuable is the background IP?
• Who are the participants?

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Key IP differences FP6 and FP7

• Default regime for joint ownership
• Employees widened other personnel
• Transfer of ownership easier
• Simpler dissemination rules
• Provisions on exclusive licences
• Changes to terminology
• pre-existing know-how ? background
• knowledge ? foreground

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Background

• What background to include
• Excludes sideground IP
• Remains property of owner
• Rights only granted where needed

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Foreground Ownership

• Results, information, knowledge and materials
  generated in the project (IP and know-how)
• Owned by generating party
• UNLESS
• Work carried out jointly and shares cannot be
  ascertained - will be joint ownership
• Default joint ownership ensures exploitation
• Transfer of ownership

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Joint Ownership

• Divide by
• Territory
• Technical market
• Deal with
• Filing and maintenance
• Assignment/licensing
• Infringement

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Foreground Use/Dissemination

• Must use results for further research/exploitation
  
• Must disseminate foreground as soon as possible
• 45 days notice unless agreed otherwise

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Access Rights licences/user rights

• Covers foreground and background
• Minimum access rights
• Can be extended/waived
• Request period reduced
• Limited Commission objection to licences

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Change of Parties

• Withdrawal
• Admission of new parties
• Expulsion

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FP7 Model Consortium Agreements

• Differences in treatment of IP
• Some tailored to specific industries
• Various model agreements available
• DESCA (Development of a Simplified Consortium
  Agreement) research sector
• IMG4 (Industrial Management Group) - representing
  EU aerospace companies
• IPCA (Integrated Projects Consortium Agreement)
  - industry/commercial
• EUCAR (European Council for Automotive RD)

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DESCA Model Consortium Agreement

• Background limited by reference to
  department/research team
• Foreground participants waive objection right to
  transfer to specified third parties
• Joint ownership default regime is applicable
  under one option
• Access requests must be in writing - option for
  royalties

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IPCA Model Consortium Agreement

• Background defines sideground and background to
  be excluded
• Foreground participants free to use any
  foreground created
• Joint ownership - excludes the default regime
• Access broader than DESCA - considers some
  access rights to be deemed granted

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• Discussion

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Useful websites

• Commission Guidance http//ec.europa.eu/research/
  fp7
• http//www.ipr-helpdesk.org
• DESCA Agreement
• http//www.desca-fp7.eu/
• IPCA Agreement
• http//www.eicta.org/