1. European IPR Helpdesk Get your ticket to innovation! Protect what you own & IP in Project Life Cycle Jakub Ramocki EU IPR Helpdesk/ Infeurope S.A. (Luxembourg) AAL JP Call 6 Central InfoDay Brussels, 6 February 2013

2. European IPR Helpdesk Road Map What do I actually own? (Intellectual Property) IP Management in Collaborative Projects Need Assistance? February 6, 2013

3. European IPR Helpdesk STOP What do I actually own? (Intellectual Property)

4. European IPR Helpdesk How does IP rate amongst an SME’s problems? Problems of a today’s SME February 6, 2013© European IPR Helpdesk (2013)

5. European IPR Helpdesk Problems of a today’s SME “We do not own any IP assets” “IP is something owned by other, bigger players, and often used against us to our disadvantage” “So, what has IP got to do with me?” Outcome: Contemporary SMEs seem to have no IP relevant problems February 6, 2013© European IPR Helpdesk (2013)

6. European IPR Helpdesk Identifying IP How much harm your company would suffer if your competitor got hold of your customer list, or hijacked your website? Would the reputation of your company be damaged if its name / logo (even if not registered) would be used by a rival to offer goods / services of a drastically poor quality? We just identified and valued some IP How much money would you be able to pay to prevent the loss? February 6, 2013© European IPR Helpdesk (2013)

7. European IPR Helpdesk Knowledge Society Changing business environment in the knowledge society Business Assets Tangible Assets e. g. machinery, infrastructure, financial assets Intangible Assets e. g. know-how, human resources, business relationships, brands Intellectual Capital February 6, 2013© European IPR Helpdesk (2013)

8. European IPR Helpdesk Intellectual Property (IP) Intellectual Property Industrial Property Trademarks Patents Industrial Designs Literary & Artistic Works Copyrights Related rights Databases Soft IP (unprotectable intellectual capital) Secrets Know-How Contracts … Trade secrets February 6, 2013© European IPR Helpdesk (2013)

9. European IPR Helpdesk IP related processes IP Review Novelty searches, state of the art searches … Consulting for IP protection: Trademarks, Patents, designs, and alike TM-portfolio management Patent portfolio-management Technology watch for patents and trademarks Legal advice on IP-related contracting issues Infringement search for patents and tm IP valuation Own exploitation Transfer: Licensing (out), Spin off creation IP Protection IP Management Enforcement of IP Rights Exploitation IP Identification February 6, 2013© European IPR Helpdesk (2013)

10. European IPR Helpdesk STOP IP Management in collaborative Research Projects

11. European IPR Helpdesk Cooperation  Innovation  Cooperation fosters innovation  Collaborative research projects bring together individual know-how and turn it into one “big“ idea February 6, 2013© European IPR Helpdesk (2013)

12. European IPR Helpdesk Where do I find rules regarding IP in AAL projects? February 6, 2013© European IPR Helpdesk (2013)

13. European IPR Helpdesk IP Rules Protection of IP in AAL collaborative projects is dealt with in the …  General Agreement No. 30-CE-00228962/00-54 with its Annex: “Detailed arrangements for the AAL Joint Programme”,  corresponding calls for proposals together with its specifications (e.g. templates and guidelines for proposals),  corresponding grant agreements (GAs) between NFAs and corresponding project partners,  „Rules for Participation” (Regulation (EC) No 1906/2006),  Consortium Agreement,  remaining EU and national legislation February 6, 2013© European IPR Helpdesk (2013)

14. European IPR Helpdesk Overview: Agreements February 6, 2013© European IPR Helpdesk (2013)

15. European IPR Helpdesk What does the Consortium Agreement encompass? February 6, 2013© European IPR Helpdesk (2013)

16. European IPR Helpdesk Consortium Agreement Regulates the relation between consortium partners Consortium Agreement P1 P2 P3 P5 P4 February 6, 2013© European IPR Helpdesk (2013)

17. European IPR Helpdesk Consortium Agreement A legal document that regulates the internal work of the Consortium; Implements the programme rules; Mandatory for the AAL projects; The CA may in no way contradict the prerequisites laid out in the General Agreement with its Annex: “Detailed arrangements for the AAL Joint Programme”, corresponding administrative agreements, corresponding grant agreements, corresponding calls for proposals together with its specifications, EU and national regulations; the latter always takes precedence! The CA should be signed by all the project partners before the start of the project; Consortia are responsible for defining the regulations; the AALA has no binding model February 6, 2013© European IPR Helpdesk (2013)

18. European IPR Helpdesk Consortium Agreement Final Clauses Applicable Law Dispute resolution = Jurisdiction Other: e.g. Confidentiality, Duration, Severability, assignment Preliminary Clauses Preamble : Summary of project framework Title Parties Language Definitions Central Clauses Financial and adminstrative management: Consortium bodies Decision-making procedures Financial organisation Technical provisions Intellectual property issues Liability February 6, 2013© European IPR Helpdesk (2013)

19. European IPR Helpdesk Specific vocabulary in AAL Consortium Agreement (I) Background Information which is held by the project partners prior to their accession to the agreement. Includes IP as copyright, patents/ patent applications (filed prior to access to agreement). Foreground All results which are generated under the project – whether or not protectable. Such results may include copyrights, design or patent rights, trademarks or others. February 6, 2013© European IPR Helpdesk (2013)

20. European IPR Helpdesk Specific vocabulary in AAL Consortium Agreement (II) Access rights User rights (incl. licenses) to foreground or background of project partners. Use Utilisation (direct/indirect) of foreground in research activities, which are not part of the project. As well as utilisation for further development, creation and marketing of a product or process. Dissemination Means trough which research results are presented to the public. Official publications (e.g. patent applications) are not considered as dissemination. February 6, 2013© European IPR Helpdesk (2013)

21. European IPR Helpdesk Background Information which is needed for the project (includes IP rights). Remains the property of the project partner that brings it into the project. Project partners have the right to define the background that each of them is going to make available to the project and / or exclude from their obligation to grant access rights. This can be done as „positive“ or „negative“ list – in writing and attached to the Consortium agreement. February 6, 2013© European IPR Helpdesk (2013)

22. European IPR Helpdesk Foreground Ownership: Each beneficiary is the owner of the results it generates during the project. Personnel rights have to be taken into consideration. Joint ownership: Appears for Foreground generated in common while respective parts of the partners can not be determined. Project partners must therefore conclude a joint ownership agreement to deal with allocation and exercise. In absence of such an agreement, a default joint ownership regime applies. February 6, 2013© European IPR Helpdesk (2013)

23. European IPR Helpdesk At which stages of my project does IP matter? February 6, 2013© European IPR Helpdesk (2013)

24. European IPR Helpdesk IPR issues are relevant at all stages of the project Strategy for securing and managing research results Granting of access rights During Implementation Disseminating and securing generated IP Exploitation of the results Valorisation of intangible values  Commercialisation After Project End Before Project Start Proposal preparation, incl. plan for the use and dissemination of research results Defining project-related know-how Defining IP protected areas Negotiating a CA/NDA IP in AAL Project Life Cycle February 6, 2013© European IPR Helpdesk (2013)

25. European IPR Helpdesk IP in AAL Project Life Cycle IPR issues are relevant at all stages of the project Before Project Start Proposal preparation, incl. plan for the use and dissemination of research results Defining project- related know-how Defining IP protected areas Negotiating a CA/NDA During Implementation Strategy for securing and managing research results Granting of access rights Disseminating and securing generated IP Exploitation of the results Valorisation of intangible values  Commercialisation After Project End February 6, 2013© European IPR Helpdesk (2013)

26. European IPR Helpdesk IP in FP7 Project Life Cycle IPR issues are relevant at all stages of the project After Project End Disseminating and securing generated IP Exploitation of the results Valorisation of intangible values  Commercialisation Strategy for securing and managing research results Granting of access rights During Implementation Before Project Start Proposal preparation, incl. plan for the use and dissemination of research results Defining project- related know-how Defining IP protected areas Negotiating a CA/NDA February 6, 2013© European IPR Helpdesk (2013)

27. European IPR Helpdesk Challenges SMEs and universities (i. e. researchers in particular) often lack:  awareness of importance of IP  IP expertise  resources to properly manage and exploit their IP February 6, 2013© European IPR Helpdesk (2013)

28. European IPR Helpdesk Risks Possible consequences:  Risk of conflicts during collaborative projects and possibly limited exploitation of research results  SMEs refrain from entering into collaborative research projects  SMEs/universities do not fully exploit their innovative potential... February 6, 2013© European IPR Helpdesk (2013)

29. European IPR Helpdesk STOP Need Assistance?

30. European IPR Helpdesk This is where the European IPR Helpdesk comes into play … February 6, 2013© European IPR Helpdesk (2013)

31. European IPR Helpdesk Target Groups The European IPR Helpdesk is the official IP service initiative of the European Commission addressing:  EU SMEs involved in internationalisation processes and knowledge/technology transfer  Participants of EU-funded and co-funded programmes Current and potential participants in EU-funded projects (FP7/CIP) and EU-co-funded projects (AAL JP)  Academia & SMEs  Multipliers and intermediaries February 6, 2013© European IPR Helpdesk (2013)

32. European IPR Helpdesk General Objectives (1) The European IPR Helpdesk aims at:  raising awareness of the value of intellectual assets and of the necessity to secure and manage them  empowering its target groups to develop capacities of their own to deal with IP/IPR  building long-term partnerships with relevant multipliers networks and other IP initiatives (i.e. Enterprise Europe Network, NCPs, INNOVACCESS…) to anticipate and evaluate the IP/IPR challenges of tomorrow February 6, 2013© European IPR Helpdesk (2013)

33. European IPR Helpdesk General Objectives (2) On a more practical level we aim at:  assisting SMEs and participants of EU-funded and co-funded programmes in dealing with IPR matters  providing advice and first-line, high-quality support on IP/IPR issues via different services February 6, 2013© European IPR Helpdesk (2013)

34. European IPR Helpdesk Services Bulletin Newsletter Training Helpline Awareness Raising Publications Website All of our services are offered free of charge. February 6, 2013

35. European IPR Helpdesk Website News Events Model Agreements Fact Sheets Case Studies Glossary FAQs February 6, 2013© European IPR Helpdesk (2013)

36. European IPR Helpdesk Helpline First-line support User-friendly service provided in English Personalised answers to individual questions within three working days Wide range of IP topics: IP protection, IP management and exploitation, revision of agreements, etc. Understandable for non-legal experts and business oriented February 6, 2013© European IPR Helpdesk (2013)

37. European IPR Helpdesk Training “Capacity building“ Practical and comprehensive training approach Individual organisation of on-location training events in cooperation with multipliers/ intermediaries Training Catalogue Web-based training sessions February 6, 2013© European IPR Helpdesk (2013)

38. European IPR Helpdesk Webinars & Educational Clips Regular courses Registration on our website Open to everyone interested in enhancing their knowledge of IP/IPR Easy handling Duration: 60 minutes & 15 minutes “Q&A” Short clips for online self-study: Basic facts in 15 minutes February 6, 2013© European IPR Helpdesk (2013)

39. European IPR Helpdesk Awareness Raising Participation in stakeholder/target group events (e. g. brokerage & information events) Professional presentation (i.e. information booth, plenary presentation, workshops) Provision of promotional material and information packages Contribution to partner newsletters & websites February 6, 2013© European IPR Helpdesk (2013)

40. European IPR Helpdesk Cooperation Cooperating with stakeholders involved in IPR and promotion of innovation in order to foster synergies (WIPO, EPO, OHIM, National Patent Offices...) Liaising with European business associations and other stakeholders with the purpose to foster partnerships and reach more SMEs Networking through LinkedIn and Twitter, which have increased during 2012 February 6, 2013© European IPR Helpdesk (2013)

41. European IPR Helpdesk Thank you. We look forward to getting in touch with you! For questions and general IP advice, please contact our Helpline team: service@iprhelpdesk.eu Phone +352 25 22 33-333 (Helpline) Fax + 352 25 22 33-334 (Helpline) www.iprhelpdesk.eu For questions related to our training activities, please send us an email at: training@iprhelpdesk.eu February 6, 2013© European IPR Helpdesk (2013)

42. European IPR Helpdesk Photo Credits istockphoto © istockphoto.com/maridav (slide 1) © istockphoto.com/Bliznetsov (slide 2) © istockphoto.com/jfelton (slide 4) © istockphoto.com/Angelika Schwarz (slide 6) © istockphoto.com/Rtimages (slide 14, 16) © istockphoto.com/laflor (slide 14) © istockphoto.com/Warchi (slide 18) © istockphoto.com/Dave White (slide 26) Disclaimer/Legal Notice The European IPR Helpdesk is managed by the European Commission’s Executive Agency for Competitiveness and Innovation (EACI), with policy guidance provided by the European Commission’s Enterprise & Industry Directorate-General. The positions expressed are those of the authors and do not necessarily reflect the views of the European Commission.