Access Rights in FP7
|Why to deal with this?|| Access Rights to IP in are an important question in order to realize complex, interdisciplinary RTD projects. Especially consortia with partners from research and industry with both a pre-competitive development phase and product exploitation phase need clear rules for the access and the ownership of intellectual property (IP).
FP7 provides a clear IP regime.
Projects need to define access rights to IP before the actual start of the project, covering the phases during and after the project in a so-called consortium agreement. Model agreements are available. The most prominent model contract is the DESCA model which covers IP issues as well as internal organization issues or conflict mediation rules. It seeks to balance the interests of all of the main participant categories in FP research projects: large and small firms, universities, public research institutes and so called “other” contracting parties (e.g. associations, unions, networks, cluster). FP7 differs two sorts of IP:
Appropriate access to the necessary foreground and background has to be granted. This means that:
|When is it suitable/applicable?||The definition of access rights is mandatory for all FP7 projects.|
|When is it NOT suitable/applicable?||Attention: There is a different standard regime in the scheme Research the Benefit of SME (FP7 SME) because of contracted research. IP resides with the SMEs.|
|What costs are related to it (financial, time effort etc.)?|| Option1:
|What’s the relevant HTE output?||The Hightech Europe partners are experienced with European funding programmes, even though the project itself does not focus on access rights and intellectual property. This website (Food Tech Innovation Portal) helps you identify technologies and suitable partners for European R&D projects, including comments on IP for each technology.|
|Whom can I talk to from the HTE team?||Most partners will be able to signpost you to an organisation or consultancy specialised in IP.|
|Title||Access Rights in FP7|