IPR issues within FP6

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Intellectual Property Rights (IPR)
issues within the 6th Framework Programme Magali
POINOT Representative Officer Legal
Coordinator Magali.Poinot_at_ua.es
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1 Generalities

• What is it about?
• IPR provisions govern the ownership, transfer,
  dissemination and use of research results
  generated during FP6 project
• When does IP matter?
• Preparation of the proposal conduct patent
  searches to identify prior art and possible
  IPR-protected areas,
• Negotiation possible specific IPR provisions to
  be agreed (consortium agreement), practical IPR
  management,
• Implementation of the project protection of the
  results, management of resulting IPR, granting of
  access rights, ,
• After the project use/dissemination of the
  results (possibly by granting licenses to third
  parties),

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2 Objectives within FP6

• To ensure a smooth implementation of the project
• Same rules for each instrument (/-), same rules
  for each participant
• Increased certainty of participants
  intellectual property
• Balanced access rights system
• To promote the use of the knowledge
• Necessary access rights are available
• To promote the dissemination of the knowledge
• while taking the Communitys, participants and
  projects interests into account

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3 Key words (definitions)

• Pre-existing know-how
• Background Sideground
• Knowledge
• Foreground
• Use
• Commercial exploitation Utilisation in further
  research activities
• Dissemination
• Access rights
• Licenses User rights

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4 Ownership

• Pre-existing know-how
• Always remains the property of the participant
  concerned
• Knowledge
• Principle property of the participant who
  generates it
• Exceptions
• ? Joint property of several participant where
  generated by several participants impossibility
  to determine the exact contribution of the
  participants concerned
• ? Always the property of the SMEs for knowledge
  generated within specific actions for SMEs
  (Co-operative Collective RTD projects)
• ? 100 EC-funded actions (direct actions, public
  procurements)

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4 Ownership

• Transfer of ownership of knowledge
• The participant concerned shall inform the
  Commission and the other participants
• The participant concerned shall conclude
  agreement(s) to pass on its obligations (e.g.
  access rights)
• The Commission and other participants may object
  in exceptional cases
• ? case of transfer to entities established in
  non-Member States
• or non-Associated States
• ? affecting to the rights of the other
  participants
• ? affecting to the legitimate interest of the
  Community

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5 Protection of knowledge

• Requirement
• Principle participant owning knowledge
• Exception the Commission if the owner fails to
  do so
• Knowledge concerned
• Knowledge that is capable of industrial and
  commercial application having due regard to the
  legitimate interest on the participants
  concerned (flexible requirement)
• How?
• By an adequate and effective protection
• In conformity with relevant provisions of the
  contract (and of the consortium agreement, the
  case being)

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6 Use of knowledge

• Requirement
• By who?
• Participants owning (or having access rights to)
  knowledge
• Possibly third parties having access rights
• How?
• By commercial exploitation or utilization in
  further research activities
• If needed, by using pre-existing know-how as
  well
• In accordance with the interest of the
  participants concerned (flexible requirement)
• Terms to be set out by the participants in a
  detailed and verifiable manner

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7 Dissemination/Publication of knowledge

• Knowledge concerned
• Any data or information concerning the knowledge
• Requirement for dissemination
• By who?
• Publication the participant owning the
  knowledge (in Cooperative Collective research
  all participants)
• Dissemination all participants
• The Commission where the participant fails to do
  so
• How?
• Publications required prior approval of the
  Commission and the other participants, which may
  object
• Provided that dissemination/publication does not
  adversely affect the protection or use of the
  knowledge

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8 Access rights

• General principles
• Granted on written request
• No sub-licensing (even for affiliate companies)
• ? unless explicitly agreed (e.g. in the
  consortium agreement)
• ? possible optional clause for software, allowing
  sub-licensing, ...
• Obligatory access rights between participants
  are limited to what they really need
• ? either for carrying out the project or for
  using their own knowledge ...
• ? but broader access rights may be freely
  negotiated
• Possible granting of access rights to third
  parties
• The Commission may object in exceptional cases
  (cf. transfer of ownership)

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8 Access rights

• New features
• Obligatory access rights are limited to
  participants of a same project
• Clear/simplified financial conditions
• ? royalty-free basis
• ? fair and non-discriminatory conditions to be
  agreed
• Possibility to exclude a specific piece of
  pre-existing know-how from the obligation to
  grant access rights
• ? obligatory agreement of all participants
  concerned
• ? to be agreed before signature of the EC
  contract before a new participant joins the
  project
• ? should not concern core pre-existing know-how

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8 Access rights
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9 For more information
http//www.ipr-helpdesk.org
REPRESENTATIVE OFFICE Avenue Louise, 106 B-1050
Brussels T. 32 2 649 53 33 F. 32 2 647 59 34

• HELPLINE
• T. 34 96 590 97 18
• F. 34 96 590 97 15
• E-mail ipr-helpdesk_at_ua.es

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9 For more information

• Official sources
• General information on FP6
• http//europa.eu.int/comm/research/fp6/index_en.ht
  ml
• Participation and dissemination rules
• http//europa.eu.int/comm/research/fp6/documents_e
  n.htmlrules
• Model contract
• http//europe.eu.int/comm/research/fp6/working-gro
  ups/model-contract/index_en.html

THANK YOU FOR YOUR ATTENTION QUESTIONS AND
ANSWERS