1. IP rights in FP7 PROTECT Study Visit 10th June 2008 (Alicante) IPR-Helpdesk is a constituent part of the IP-BASE project which is financed by the CIP Programme, DG Enterprise and Industry of the European Commission

2. © IPR-Helpdesk 2008 2 European Innovation and Research policies EC Treaty: Articles 163-173 TEC Pluriannual Framework Programmes: CIP (2007-2013): EUR 3.6 M FP7 EC (2007-2013) 50.5 M FP7 EURATOM (2007-2011) 2.7 M Rules of participation Reg. 1906/2006 (Model) Grant Agreement

3. © IPR-Helpdesk 2008 3 Innovation and Research in the EU - FP7 - Grant Agreement - Consortium Agreement - IP Base (NPO+IPR HD) - IPR Helpdesk services - EU relationship Ukraine

4. © IPR-Helpdesk 2008 4 Why is IP management important in research projects? Who (and how) will exploit the results? Who will be the owner of the new results? Under which conditions are they going to exchange their existing knowledge?

5. © IPR-Helpdesk 2008 5 FP7 project-related agreements - C ore Grant Agreement - Annex I (technical description) - Annex II (general conditions) - Annex III (specific conditions) - Special clauses - Consortium Agreement - Other specific agreements (joint ownership, confidentiality)

6. © IPR-Helpdesk 2008 6 Grant Agreement – Annex II (general conditions) I. Background Foreground II. Protection of results (IP rights) III. Access rights (licensing) IV. Use and disseminati on of results V. Other issues (e.g. confidentiality)

7. © IPR-Helpdesk 2008 7 The background - Background: project-related information (necessary) and IP rights that participants hold before the signature of the grant agreement - Background remains the property of the participant that brings it into the project - Participants shall inform each other of any limitations to access background - The consortium may define the background available to the project (positive list) - The consortium may exclude specific background (negative list) B B B B B B B B B

8. © IPR-Helpdesk 2008 8 The foreground -Foreground: results generated in the project and related IP rights - Each participant is owner of the foreground it generates - Employees’ and other personnel rights to be taken into consideration -Each participant shall protect its own foreground if commercially or industrially applicable - When foreground generated by common efforts and not possible to ascertain individual contributions: co- ownership regime - Each joint owner may grant non- exclusive licences to third parties, subject to prior notice and fair and reasonable compensation to the other joint owners (default rule) F F F F

9. © IPR-Helpdesk 2008 9 Intellectual Property (IP) rights patents and utility models designs trade secrets Copyright trade marks

10. © IPR-Helpdesk 2008 10 Access rights - Access rights: licenses and user rights to foreground or background - A participant needs another participant’s background or foreground in order to carry out its project work - A participant needs another participant’s background or foreground in order to use its own foreground - Access rights do not confer the right to grant sub-licences, unless so agreed B B B B B B B BB B B B F F F F B B B B B B B BB B B B F F F F

11. © IPR-Helpdesk 2008 11 Access rights - Access rights to background for project execution purposes are granted royalty-free, unless otherwise agreed before the grant agreement is signed - Access rights to foreground for project execution purposes are royalty-free - Access rights to foreground and background for use purposes are granted royalty- free or on fair and reasonable conditions B B B B B B BB B B B F F F F B

12. © IPR-Helpdesk 2008 12 Exclusive licences to third parties A participant can grant an exclusive licence to foreground or background but the other participants shall waive their access rights in writing - The European Commission may object to the exclusive licensing of foreground to third parties established in third countries to safeguard European interests BBBB BB FF F F B

13. © IPR-Helpdesk 2008 13 Use and dissemination - Participants shall use directly or indirectly the foreground in further research or commercial activities - Participants shall disseminate (making available to the public) their foreground as swiftly as possible … taking care of protection and use of foreground, as well as of the legitimate interests of the other participants F F F F

14. © IPR-Helpdesk 2008 14 Confidentiality - A general obligation of confidentiality applies to all participants for information exchanged during the execution of the project and identified as “confidential” (and up to 5 years after the project) - Preservation of confidentiality until protection and use activities have been planned (and implemented) F F F B

15. © IPR-Helpdesk 2008 15 FP7 project-related agreements - Core Grant Agreement - Annex I (technical description) - Annex II (general conditions) - Annex III (specific conditions) - Consortium Agreement (- Internal organisation and consortium management - Financial provisions - Responsibility and liability - Intellectual property rights) - Other specific agreements (joint ownership, confidentiality …

16. © IPR-Helpdesk 2008 16 Consortium Agreement - Consortium Agreement = contract between participants, Commission NOT a party - Compulsory unless otherwise foreseen in call for proposals - Clauses cannot derogate from mandatory provisions of GA foreseen in GA) Participants may use models (non EC official doc.) but need to adapt to their specific needs

17. © IPR-Helpdesk 2008 17 Consortium Agreement Negotiation and proposal preparation Project execution Use and dissemination grant agreement preliminary agreements consortium agreement access rights joint ownership agreements licensing transfer …

18. © IPR-Helpdesk 2008 18 Innovation and Research in the EU - FP7 - Grant Agreement - Consortium Agreement - IP Base (NPO+IPR HD) - IPR Helpdesk services -EU relationship with Ukraine

19. © IPR-Helpdesk 2008 19 IP Base

20. © IPR-Helpdesk 2008 20 Services of the IPR-Helpdesk Helpline Website e-newsletter IPR Bulletin Training

21. © IPR-Helpdesk 2008 21 Services of the IPR-Helpdesk Helpline Website e-newsletter IPR Bulletin Training Expert & personalised advice in 3 working days In English per email Free of charge

22. © IPR-Helpdesk 2008 22 Services of the IPR-Helpdesk Helpline Website e-newsletter IPR Bulletin Training Executive summaries Examples of documents: How IP rules work in FP7 Comparison of CA models Confidentiality Agreement Model Access rights in FP7 Legislation and official documents Glossary FAQ News & Event Section Daily updated

23. © IPR-Helpdesk 2008 23 Helpline Website e-newsletter IPR Bulletin Training Daily, weekly, monthly subscription to: Documents, News & Events

24. © IPR-Helpdesk 2008 24 Services of the IPR-Helpdesk Helpline Website e-newsletter IPR Bulletin Training Free of charge training for Multipliers National Contact Points Enterprise Europe Network

25. © IPR-Helpdesk 2008 25 Innovation and Research in the EU - FP7 - Grant Agreement - Consortium Agreement - IP Base (NPO+IPR HD) - IPR Helpdesk services -EU relationship Ukraine (an International Co-operation Partner Country) as well as part of the European Neighborhood Policy)

26. © IPR-Helpdesk 2008 26 EU relationship with Ukraine THIRD COUNTRIES - the participation of organisations or individuals established in countries that are not Member States, candidates or associated should also be justified in terms of the enhanced contribution to the objectives of FP7. Discussions in the context of the Steering Committee on the EU- Ukraine Science & Technology Agreement, in the first half of 2008, i.a. the steps that would need to be taken for Ukraine to attain associate membership status in the Research FP7

27. © IPR-Helpdesk 2008 27 EU relationship with Ukraine Agreement for Cooperation between the European Community and the Cabinet of Ministers of Ukraine in the Field of S&T (signed 23.07.99) (see OJ L267 of 17.10.2003) Renewal 2009 Agreement for Cooperation between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the field of nuclear safety (OJ L322 of 27.11.2002) Renewal 2012 On 25th January 2008 the Agreement between Ukraine and the European Space Agency (ESA) on space cooperation in peaceful purposes was signed.

28. © IPR-Helpdesk 2008 28 Find out more at: http://www.ipr- helpdesk.org http://www.delukr.ec.europ a.eu/home.html