How to manage Intellectual Property under FP7

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How to manage Intellectual Property under FP7,WHAT IS INTELLECTUAL PROPERTY IP. IP refers to creations of the human mind which may be legally protected. IP rights do not protect,mere ideas,Two main areas. INDUSTRIAL PROPERTY RIGHTS COPYRIGHT AND RELATED RIGHTS. Protect e g Protect e g,inventions written works,patents and utility models computer programs. the appearance of a product databases,industrial designs audio visual works. distinctive signs for goods services,trade marks, Objective of the protection Scope of the protection obtained.
exercise of a certain control over varies according to the type of. a strategic sector the protection tool employed,compensation for creative. inventive or economic effort made,WHY IS IP IMPORTANT FOR YOUR COMPANY. It is a strategic asset, IP rights facilitate transfers of technology and market opportunities. IP rights improve your competitiveness and consolidate the value of your. This guide offers an overview and refers only to FP7 It is designed to be used as a first source of reference and information. This guide is not to be considered legally binding or in any way to replace the regulatory documents and the grant. agreement itself, The information provided does not necessarily reflect the official position of the European Commission. www ipr helpdesk org,WHEN DOES IP MATTER IN FP7 PROJECTS.
IP management is important for a research project funded under the EU Seventh. Framework Programme FP7 from the proposal stage to implementing the project. and using its results,PROPOSAL PHASE, Potential participants should know what knowledge they each bring what they. may need from others what the state of the art is in the field of the project and. should develop a strategy on protection use and dissemination of the results. IMPLEMENTATION PHASE, Participants shall implement the project taking into account the applicable. rules and their IP strategy as well as anticipating any deviation from the. original plan,COMPLETION PHASE, Participants shall focus on the use direct indirect and dissemination of the. HOW CAN SMEs PARTICIPATE, Research performing SMEs can participate in all research actions see collaborative. projects in the second phase of this guide, SMEs can also participate in specific actions which are designed for their benefit These.
SME actions aim to promote the innovative capacity of SMEs through the research. technological participants carry out for them see actions for SMEs SME associations in. the second phase of this guide, For general information related to these actions please visit. http tinyurl com SMEtechweb,IDENTIFYING YOUR IP IP NEEDED FOR THE PROJECT. Why To identify which know how and knowledge will be needed to. carry out the project, How Negotiating necessary participants background under. appropriate confidentiality agreements, For necessary know how or knowledge owned by a third. party negotiating appropriate licences material transfer. agreements,Who All proposers,PROTECTING YOUR PRIOR IP.
NON DISCLOSURE CONFIDENTIALITY AGREEMENTS, Why To protect relevant information e g sensitive background. during an agreed period of time, How Written confidential information should be identified as such. on each page Information transmitted orally should be. confirmed as confidential in writing, When Before information considered confidential is disclosed to the. other proposers,VERIFYING RIGHTS PROTECTING PROPOSAL ELEMENTS. VERIFYING RIGHTS, What All relevant IP rights to avoid infringements of third parties.
How Conducting any necessary search e g on trade marks. fIRST PHASE, Who All proposers e g coordinated by the eventual project. coordinator,When While negotiating and preparing the proposal. PROTECTING ELEMENTS OF YOUR PROPOSAL, What Technical content of the proposal name of the project. acronym logo etc,How Confidentiality agreements relevant IP rights. Who All proposers e g coordinated by the eventual project. coordinator, When In due time during the preparation of the proposal.
NEGOTIATING THE CONSORTIUM AGREEMENT, Why To supplement the grant agreement and adapt it to. the specific project,Who All proposers participants. When Generally speaking before signature of the grant. OWNERSHIP GENERAL RULE,ACTIONS FOR,COLLABORATIVE PROJECTS. SMEs SME ASSOCIATIONS,BACKGROUND,the participant who owns it. remains the owner,FOREGROUND,the SME participants SME.
the participant,associations,who has generated it,unless otherwise agreed. JOINT OWNERSHIP,ACTIONS FOR,COLLABORATIVE PROJECTS. SMEs SME ASSOCIATIONS, when several participants have when foreground is generated. produced common foreground,it is impossible to distinguish their. individual contributions,FOREGROUND, these participants will have all the SME participants SME.
joint ownership associations will have joint ownership. unless otherwise agreed,Default regime, each joint owner is free to grant non exclusive licences to third parties. prior notification 45 days to the other joint owners. fair and reasonable compensation to the other joint owners. ACCESS RIGHTS MAIN PRINCIPLES,BACKGROUND FOREGROUND. Access rights shall be granted if needed for the implementation. of the project or for use of foreground,Access rights are granted on written request. Additional access rights may be agreed upon e g to sideground. More favourable conditions than those required by the grant agreement. may be agreed upon, The granting of access rights does not include the right to sublicense. not even to parent affiliated entities of consortium members. unless otherwise agreed, In actions for SME associations though the SME associations may.
sublicense their members the access rights granted to them. Participants can waive their access rights to allow the owner to grant. an exclusive licence,There exists a right of the,European Commission to object. to the granting of exclusive,licences to third parties established in. a country not associated to FP7 if,European interests are at stake. Affiliated entities established in a Member State or associated country. of a beneficiary may enjoy access rights if needed by that affiliated entity. to use its own foreground,Access rights are granted if the. beneficiary is entitled to grant them,Specific background may be.
excluded from the obligation to grant,access rights. ACCESS RIGHTS ECONOMIC CONDITIONS,ACTIONS FOR SMEs. COLLABORATIVE PROJECTS,SME ASSOCIATIONS,FOR PROJECT FOR PROJECT. FOR USE FOR USE,IMPLEMENTATION IMPLEMENTATION,Royalty free. BACKGROUND,Royalty free,otherwise agreed,Royalty before signature.
otherwise agreed Royalty free,free of the grant,before signature. of the grant,agreement or,IMPLEMENTATION,or Royalty free from. RTD performers,FOREGROUND,reasonable,reasonable,conditions. Royalty free conditions Royalty free, If RTD performers want to apply conditions for access rights to their background for use purpo. ses this has to be agreed before acceding to the grant agreement. ACCESS RIGHTS TERM FOR REQUEST,FOR PROJECT,IMPLEMENTATION.
BACKGROUND,Up to 1 year after the end,of the project. During the execution,the termination of participation by. of the project,the owner of the background or,FOREGROUND. foreground concerned,unless otherwise agreed,THIRD PHASE. PLAN FOR USING AND DISSEMINATING FOREGROUND, Why The participants are required to submit a draft plan in their.
SECOND PHASE, What Information about the expected use of the project results. should be sufficiently detailed to permit the European. Commission to carry out any related audit,Who All participants. When A draft plan is included in the proposal and it is later part of the. grant agreement technical annex A report on the plan shall. be provided at the end of the project,PROTECTING YOUR PROJECT RESULTS. What The results generated in the project, How Particularly by means of the appropriate IP rights. Who All participants for their respective foreground. When After assessment of the results in view of their planned use. and dissemination,USING YOUR PROJECT RESULTS, How By means of commercial activities or application of the.
results in further research, Who The owner one of the participants another participant or a. third party e g licensees,COMPLETION,DISSEMINATING YOUR PROJECT RESULTS. Why To disclose the EU funded results for the benefit of the. European society, How Conferences websites scientific articles etc Prior. notification to the other participants is required. Who All participants, When As swiftly as possible but taking care of IP protection issues. IP RELATED RESOURCES FOR SMEs, IPeuropAware is a project funded by DG Enterprise and Industry under the.
Competitiveness and Innovation Framework Programme CIP with the objective of. helping SMEs in the IP field It gathers the experience of IPR Helpdesk with IP related. issues in EU funded projects and the national information on IP provided by. InnovAccess, The IPeuropAware consortium is made up of partners from the countries highlighted. in the following map, http www tinyurl com iprhd FP7 http www tinyurl com iprhd IA. Many organisations offer IP related information and services specifically. addressed to SMEs Please find below a selection of resources All links on this page. are provided in a short version to facilitate access. http www tinyurl com iprhd WIPO,http www tinyurl com iprhd EPO. http www tinyurl com iprhd OHIM,How to manage Intellectual Property under FP7. FP7 KEY TERMINOLOGY, ACCESS RIGHTS refer to those licences or user rights to foreground or background.
granted by their owners to other participants or third parties. AFFILIATED ENTITY refers to a legal entity that is under the direct or indirect control. of a participant or under the same direct or indirect control as the participant. BACKGROUND is the information and IP rights granted or applied held by the. participants before the project starts and which are needed to carry out the project or. to use the results,SIDEGROUND information and IP rights acquired in. parallel to the project is not covered by the FP7 rules. BENEFICIARY participant is a legal entity contributing to an FP7 project and having. rights and obligations with regard to the Community under the terms of the grant. CONSORTIUM AGREEMENT is the private agreement concluded between the. beneficiaries to supplement the grant agreement on management issues and IP amongst. others There is no official consortium agreement model However certain organisations. do provide templates see http tinyurl com iprhd fp7camodel. DISSEMINATION means the disclosure spreading of foreground to a wide. audience by any appropriate means other than those resulting from the formalities for. protecting it This may be made by means of publications seminars conferences press. releases web based activities etc, FAIR AND REASONABLE CONDITIONS means appropriate conditions including. possible financial terms agreed upon by the participants taking into account among other. things the objective of the request for access, FOREGROUND means the results generated in the project as well as any related IP. GRANT AGREEMENT is the agreement concluded between the beneficiaries and the. European Commission based on the grant agreement model adopted by the Commission. RTD PERFORMER refers to a legal entity that does research and technological. development activities for the benefit of specific groups such as SMEs. www ipr helpdesk org, SMEs are micro small and medium sized enterprises within the meaning of. Recommendation 2003 361 EC which employ fewer than 250 persons and which. have an annual turnover not exceeding EUR 50 million and or an annual balance. sheet total not exceeding EUR 43 million to know if you meet criteria see. http tinyurl com iprhd smetechweb, SUBCONTRACTOR is a third party providing services or goods who has entered.
into a subcontract with one or more participants Therefore the subcontractor is not a. participant, THE TRANSACTION is a specific part of the grant agreement under the scheme. Research for the benefit of SMEs where the participants shall agree on issues relating. to the ownership of the project results and the remuneration paid to the RTD performers. USE means the direct or indirect utilisation of foreground. in research activities other than those covered by the project or. to develop create and market a product or process or to create and provide. FP7 KEY DOCUMENTS, REGULATION EC No 1906 2006 OJ L391 1 of 31 12 2006 establishing the Rules. for participation in FP7 at http tinyurl com iprhd fp7regulation. Grant agreement models at http tinyurl com iprhd fp7gamodel. PROJECT MANAGEMENT OFFICE,IPR HELPDESK,Edificio Germ n Bern cer. Universidad de Alicante,P O Box 99,03080 Alicante Spain. Tel 34 965 90 97 18,Fax 34 965 90 97 15,For further.
Information Answers,to your IP queries,please do not hesitate to contact us. www ipr helpdesk org,ipr helpdesk ua es, The IPR Helpdesk is a constituent part of the IPeuropAware project which is financed. by the CIP Programme DG Enterprise and Industry of the European Commission. How to manage Intellectual Property under FP7 WHAT IS INTELLECTUAL PROPERTY IP IP refers to creations of the human mind which may be legally protected INDUSTRIAL PROPERTY RIGHTS COPYRIGHT AND RELATED RIGHTS Protect e g inventions patents and utility models the appearance of a product industrial designs

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