CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION

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CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL
SCIENCE AND TECHNOLOGY COLLABORATION

• WIPO
• Geneva - April 25/26, 2005
• Alain GALLOCHAT, French Research Ministry

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THE ROLE OF PUBLIC AUTHORITIES THE FRENCH
APPROACH FOR PUBLIC RESEARCH (1)

• To create a legal environment
• To adopt new rules when necessary
• To assist the researchers
• To explain and explain again

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THE ROLE OF PUBLIC AUTHORITIES THE FRENCH
APPROACH FOR PUBLIC RESEARCH (2)

• The law on innovation and research (July 12,
  1999)
• The recommendations for the adoption of an
  Intellectual Property Charter (June 2001)
• The plan in favour of innovation (April 2003)

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THE LAW ON INNOVATION AND RESEARCH JULY 12,
1999 (1)

• Researchers mobility
• Cooperation between public research and private
  sector
• Fiscal framework for innovative companies
• Legal framework for innovative companies

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THE LAW ON INNOVATION AND RESEARCH JULY 12,
1999 (2)

• Researchers mobility
• creating (Art. 25.1)
• consulting (Art. 25.2)
• managing (Art.25.3)

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THE LAW ON INNOVATION AND RESEARCH JULY 12,
1999 (3)

• Cooperation between public research and private
  sector
• Incubators
• SAICs

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THE LAW ON INNOVATION AND RESEARCH JULY 12,
1999 (4)

• Fiscal framework for innovative companies
• Legal framework for innovative companies

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RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER
JUNE 2001 (1)

• Protecting the results is of paramount importance
• Specific IP policy
• Ownership / co-ownership
• Cautions recommendations in case of a
  partnership
• Organisation of IP services

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RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER
JUNE 2001 (2)

• LEGAL ISSUES / RIGHT TO TITLE
• Art. L. 611-6 CPI  The right to the industrial
  property title referred toshall belong to the
  inventor or his successor in right 
• Art. L. 611-7 CPI Employees inventions
• mission inventions
• not mission inventions, but
• other cases

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RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER
JUNE 2001 (3)

• LEGAL ISSUES / CO-OWNERSHIP
• LEGAL SYSTEM Art. L. 613-29 CPI
• CONTRACTUAL SYSTEM

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RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER
JUNE 2001 (4)

• LEGAL ISSUES / FINANCIAL MEASURES
• Art. L. 611-7 private sector
• Art. L. 611-7.5 public sector
• October 1996 Decrees 25
• February 2001 Decrees 50 up to 65 000 /
  year, and then 25

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PLAN FOR INNOVATION / DECEMBER 2002 PRESENTATION

• Joint presentation of a draft by the ministers in
  charge of Industry and Research
• Public consultation

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PLAN FOR INNOVATION / FINAL TEXT

• Adoption of the plan and presentation by both
  ministers early April 2003
• Preparation of the necessary Decrees

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PLAN FOR INNOVATION / MEASURES CONCERNING IP

• Financial incentive for increasing the number of
  filings of patent applications
• National campaign for sensitizing the researchers
  in the field of patents

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PLAN FOR INNOVATION/NATIONAL CAMPAIGN

• Time schedule
• Targets
• Content

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CONCLUSION

• A wishful policy
• The legal problem(s)
• The cultural issue

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I THANK YOU FOR YOUR ATTENTION

• alain.gallochat_at_recherche.gouv.fr