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From Food Tech Innovation Portal

Introduction The objective of this topic is to get a global view of the legal framework you are going to work within. This includes both intellectual property and legislation issues.

The intellectual property rights must be known and well handed all along the project. In this first stage, you need to establish who is already working in your area (the area of your future product), and how, i.e. what are the registered patents and softwares.

The other important point is to be aware of international, European, and national laws, regulations, norms and legal standards that currently govern and will govern the area of your future product.

As a first stage you simply need to have a general view with the most important legal and IPR constraints you will have to face.

Additionally, you should prepare the agreement documents to sign with the partners, including particularly the background and foreground rights.

Key issues - What are the existing patents/ property rights corresponding to the identified technical solution(s)?

- Are those patents/ property rights available, and under what conditions?

- What are the reliable sources of legal/property information and/or advice?

- What are the laws, norms and regulations governing the area of my future product in Europe? In my country? In my target countries? Is there any easily available information about the potential evolution of this legislation in short- to medium-term?

- What are the legal bases of the agreement between partners (kind of agreement, protection of background and foreground knowledge, etc.)

Food TIP's answers On this website (Food Tech Innovation Portal), you can find in the technology section, for each described technology, some information about legal aspects (if available). This information is not sufficient, you must do a proper investigation.

Some of the Practical Innovation Sheets can be helpful at this stage: Access Rights in FP7, EU food legislation, protection of IP

Other sources International:

- World Intellectual Property Organization: http://www.wipo.int/services/en/

- Codex alimentarius: http://www.codexalimentarius.org/ International Food Standards, guidelines and codes of practice


European:

- Intellectual Property Rights helpdesk: http://www.ipr-helpdesk.eu/

- European Patent Office: http://www.epo.org/

- Access to European Union law: http://eur-lex.europa.eu/en/index.htm

- European Food Safety Authority: http://www.efsa.europa.eu/

- European Small Business Portal / Innovation, research and copyright: http://ec.europa.eu/small-business/most-of-market/innovation-research-copyright/index_en.htm Portal gathering information provided by the EU on and for SMEs, ranging from practical advice to policy issues, from local contact points to networking links (available in all EU languages)

- Food safety in Europe: http://ec.europa.eu/food/food/index_en.htm European Commission Portal on Food safety (food law and regulations, labelling…) (available on main EU languages)


European Committee for Standardization:

- How standards can support R&D and innovation: http://www.cen.eu/cen/Services/Innovation/Pages/default.aspx

- Search tools on European standards: http://esearch.cen.eu/esearch/ (available in DE, EN, FR)

- List of National Standards Bodies: http://www.cen.eu/cen/Members/Pages/default.aspx


See also:

- ENFFI Tool box: http://tools.braboventures.com/enffi/ Food sector specific tools to facilitate the access to the financing process (but providing also information related to technical, legal and marketing issues)

Please pay attention to country specificities.

Title pre feasibility x legal
Key words and relations Access rights in FP7, EU Food legislation, protection of IP
Latest version 2012/09/24
Completed by Agropolis International


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Created by Hte zenit on 15 May 2012, at 08:24