Prsentation PowerPoint

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IPR in FP7
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Intellectual Property Provisions
Main objectives

• to facilitate the implementation of the project
  and the exploitation of its results
• to provide a minimum framework while allowing
  participants flexibility to determine additional
  rules specific for their cooperation
• to ensure continuity with the FP6 IPR provisions
  but simplifying and improving these where
  appropriate

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Intellectual Property Provisions
Terminology

• Background information and attached rights
• which is held by participants prior to their
  accession to the grant agreement (no sideground)
• which is needed for carrying out the project or
  for using its results
• which may be defined by the participants
• Foreground all results of the project and
  attached rights

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Intellectual Property Provisions
Ownership each participant owns the foreground
it generates Joint ownership in absence of a
specific agreement, a default regime applies any
joint owner is entitled to grant non-exclusive
licenses to third parties, without any right to
sub-licence, subject to prior notification and
fair and reasonable compensation to the other
owner(s) Transfer of ownership of
foregroundPrior notification in principle only
to the other participants who may waive their
rights to be notified in advance regarding
specific third parties (requirement to notify
Commission may be in grant agreement, Commission
may object to transfers or exclusive licenses to
third parties established in non-associated
countries for ethical, competitiveness or
security reasons)
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Intellectual Property Provisions

• Protection, use, dissemination (publication)
• Foreground capable of industrial or commercial
  application must be protected taking into account
  legitimate interests
• Owner of foreground who does not wish to protect
  may transfer the foreground to another
  participant or an (affiliate) entity established
  in a Member State or associated country or to the
  Commission
• Foreground must be used and disseminated
• Notice of dissemination (including publication)
  to be given to other participants (not to
  Commission unless no protection)
• Publications and patent applications must
  indicate the Community financial assistance

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Intellectual Property Provisions

• Access rights
• Participants may exclude specific background but
  not necessarily prior to signature of EC grant
  agreement
• Requests for access rights within one year or
  other period to be agreed by participants
• Possible to grant exclusive licenses to
  background and foreground if other participants
  waive their rights
• Commission no longer informed of granting of
  access rights to third parties (grant agreement
  may provide otherwise regarding exclusive
  licenses)
• Special provisions for certain types of actions
  e.g. frontier research, research for the benefit
  of specific groups, security research

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Intellectual PropertyProvisions
Unless otherwise foreseen, an affiliate
entity established in a MS or AC will also enjoy
such access rights
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Intellectual Property Provisions

• Further questions on IPR?
• Helpdesk
• Other helpful tools (e.g. IPR guide, consortium
  agreement checklist) which are being created for
  FP7
• IPR Helpdesk (http//www.ipr-helpdesk.org)

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• Consortium agreements in FP7

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CA Structure - 1

• 1. Parties
• - identifies each party to the CA
• 2. Preamble
• summarises the context and the purpose of the CA
• 3. Definitions
• defines the important terms used throughout the
  CA
• 4. Subject
• - describes the subject of the CA with reference
  to the EC grant agreement where necessary
• 5. Technical Provisions
• 5.1. Tasks of each party
• 5.2. Non-financial resources made available
• 5.3. Project schedule
• 5.4. Changes

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CA Structure - 2
6. Managerial Provisions - describes the
provisions dealing with the management of the
project 6.1. Co-ordination and management 6.2.
Powers and responsibilities 6.3. Follow-up and
Supervision 7. Financial Provisions (beyond
those already included in the EC grant agreement
and its annexes) 7.1. Financial plan 7.2.
Mutual payments 7.3. Costs to be claimed under
the management activity 7.4. Changes -
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CA Structure - 3
8. Provisions regarding intellectual property
rights (IPR), dissemination and use - describes
additional provisions on IPR, use and
dissemination 8.1. Ownership of
foreground 8.2. Transfer of foreground 8.3.
Protection of foreground 8.4. Use of
foreground 8.5. Dissemination (including
publication) of foreground 8.6. Access rights
(licences and user rights)
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CA Structure - 4
9. General Provisions 9.1. Entry into force 9.2.
Duration / Termination 9.3. Amendments to the
CA 9.4. Confidentiality 9.5. Treatment of
classified data or information, treatment of
dangerous materials 9.6. Breach / non-compliance
and associated liability, indemnification or
penalties 9.7. Survival 9.8. Partial
invalidity 9.9. Communication 9.10. Applicable
law and jurisdiction 9.11. Number of copies,
languages and signature process 10. Funding
scheme specific provisions