IPR related obligations
DG Research & Innovation
Research and
Innovation
1. BASIC CONCEPTS
Results:
any tangible or intangible output of the project, whatever its
form or nature (e.g. cell lines or prototypes), including any
attached rights (e.g. patent or database rights).
Background:
any data, know-how or information, whatever its form or
nature, tangible or intangible, including any rights:
 held by participants prior to their accession to the grant
agreement,
 needed to implement the project or to exploit its results,
and
 identified by participants in any manner in a written
agreement.
BASIC CONCEPTS (continued)
Exploitation:
use of results (i) in further research (outside the project),
(ii) in developing, creating or marketing products, services
or processes, or (iii) in standardisation activities.
Dissemination:
public disclosure of results by any appropriate means
(other than resulting from protection or exploiting the
results), including by scientific publications in any
medium.
Access rights:
rights to use results or background.
2. OWNERSHIP

General rule: each participant owns the results it generates.

Joint ownership: only if participants have jointly generated results and
it is impossible to determine the respective share of the work or it is not
possible to separate them for protection in which case:

The joint owners must reach an agreement,

unless otherwise agreed, each joint owner may grant non-exclusive
licences to third parties, without the right to sub-license, if the
other joints owners are given:
- prior notice, and
- fair and reasonable compensation.
Once results are generated, joint owners may opt for a different regime.

Rights of employees & third parties: the participant must ensure it
can comply with its obligations regarding results.
3. PROTECTION

General rule: if possible, reasonable & justified, each participant must
appropriately protect its results, taking into account all legitimate interests.

Notification to the Commission: If a participant intends to disseminate
without appropriately protecting the results, or intends not to extend or
abandons such protection without sufficient reasons. If so, the Commission
may protect on behalf of the Union (unless the participant's legitimate
©
interests would be significantly harmed).
4. EXPLOITATION

General rule: each participant receiving Union funding must use its best
efforts to exploit its results, either directly or indirectly.

Additional exploitation obligations: the work programme/grant
agreement may foresee additional exploitation obligations.

Transfers of ownership: all obligations must be passed on; prior notice
must be given to other participants which have a right to object if the
transfer would adversely affect their access rights (participants may agree
differently for transfers to specifically identified third parties).

Licences: may be granted on the condition that any access rights will be
respected and any additional exploitation obligations complied with.
Exclusive licences possible if other participants waive their access rights.

Transfers or exclusive licences to third parties established outside
the Union/Associated countries: the grant agreement may foresee right
to object of the Commission.
5. DISSEMINATION

General rule: each participant must disseminate its results as soon as
possible, subject to restrictions due to the protection of results, security
rules or legitimate interests.

Additional dissemination obligations: more specific dissemination
obligations may be foreseen in the work programme/grant agreement.

Open access

Prior notice: before dissemination, a participant must notify the other
participants which may object if their legitimate interests would suffer
significant harm.

Union support: any dissemination (also patent applications) must indicate
Union financial assistance (for visibility and traceability reasons).
6. ACCESS RIGHTS
if needed by another
participant to
implement project
if needed by another
participant to exploit
own results [*]
a participant must grant
access to its background
a participant must grant
access to its results
Royalty-free
unless otherwise agreed before
accession to the grant agreement
Royalty-free
Fair and reasonable conditions
(to be agreed and may be royalty-free)
[*] Unless otherwise agreed in the consortium agreement, an affiliate entity established in
a MS or AC has access rights under the same conditions if needed to exploit results
generated by the participant to which it is affiliated.
ACCESS RIGHTS (Continued)


Access rights:

must be exercised in writing (default deadline for exploitation is one
year);

do not include right to sub-license unless otherwise agreed; and

termination does not affect the obligation to grant access.
Access rights for the Union:


royalty-free access for policy related purposes to results generated
with Union funding (strictly limited to non-commercial and noncompetitive use);
Additional access rights may be laid down in the grant agreement
if foreseen in WP.
Thank you very much
for your attention!