Dealing in a correct manner with Intellectual Property (IP) is key to the successful implementation of collaborative projects. How is this arranged in EU-funded projects?
Published on | 3 years ago
Last updated on | 2 months ago
nico.deblauwe@vlaio.be
Basically, almost every result developed during or before a project can be considered as IP. There are of course obvious items to consider (like patents, copyrights, trademarks...) but also less tangible items (e.g. know-how, designs, internal reports, methodologies, datasets...) can be included in your IP list.
The core idea is that there is some ownership involved, and with that some rights on the further usage/exploitation. And this needs to be regulated.
For European funded projects, an IPR strategy is a core part of the Consortium Agreement. It should document how prior-knowledge, that is needed to implement the action, is dealt with, how the ownership of in-project developments and results will be assigned, and what are the rights and conditions (for further use) by the other consortium members. It should also mention how potential IPR conflicts will be dealt with.
Results are owned by the beneficiaries that generate them, unless another ownership regime was specified in the consortium agreement.
The beneficiaries must adequately protect their results, taking into account relevant aspects, such as prospects of commercial exploitation or legitimate interests of the other beneficiaries.
Up to four years after the end of the action, beneficiaries must use their best efforts to exploit their results directly or to have them exploited indirectly by another entity (e.g. through transfer or licensing).
The granting authority has the right to exploit non-sensitive results of the action for activities such as
The granting authority has the right to authorise third parties to act on its behalf or sub-license to third parties any of the rights or modes of exploitation set out in Annex 5 of the DEP Model Grant Agreement.
Horizon Europe started in 2021 and will run until 2027. There are no drastic changes between H2020 and Horizon Europe. The best way to get started are the following documents by the IP Helpdesk (version March 2023 attached to this infosheet:
For completeness, we are also adding info on Horizon 2020, that ran from 2014 to 2020. Though no new project calls are launched, many projects funded under this scheme will still be running, or enter their exploitation phase in the years to come.
The best way to start are two guiding documents by the IP Helpdesk (links lead to their site, version of Sep 2021 attached to this infosheet)
The European IP Helpdesk is a first-line intellectual property (IP) service providing free-of-charge support to help European SMEs and beneficiaries of EU-funded research projects manage their IP in the context of transnational business or EU research and innovation programmes.
The European IP Helpdesk supports European SMEs and research teams involved in cross-border business and/or EU-funded research activities manage, disseminate and valorise their IP. Offering a broad range of informative material, a Helpline service for direct IP support as well as on-site and online training, our main goal is to support IP capacity building along the full scale of IP practices: from awareness to strategic use and successful exploitation.
Horizon IP Scan is a tailored, free-of-charge, first-line IP support service provided by the European Commission specifically designed to help European start-ups and other SMEs involved in EU-funded collaborative research projects to efficiently manage and valorise IP in collaborative R&I efforts.
Where the call conditions restrict participation or control due to security or EU strategic autonomy reasons, the following additional rules apply:
Beneficiaries must ensure that these obligations also apply to their affiliated entities, associated partners, subcontractors and recipients of financial support to third parties (FSTP).
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