Agreements

European IPR Helpdesk Bulletin issue (14)

This summer issue of the European IPR Helpdesk Bulletin firstly presents an easy-to-use map of different free-of-charge initiatives available to assist SMEs with intellectual property related matters. Thinking on the growing relevance of designs in business, the Bulletin features an article on industrial design protection in the EU and the use of its grace period. An interview with a European agro/food biotech company underlines the relevance of IP in the biotechnology sector.

Regarding the research sector, this issue offers an interesting article on the DESCA 2020, a model consortium agreement tailored to be used in Horizon 2020. Two pieces featured by OHIM show the importance of IP enforcement via the outcomes of the first International IP Enforcement Summit and how the OHIM Academy plays a role in helping stakeholders throughout the EU.

The Innovaccess IP cost tool, a free-of-charge tool allowing the calculation of the costs related to different IP titles, the patent quiz and the Information Package on IP in Horizon 2020 complete this substantial fourteenth Bulletin issue.

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New model consortium agreement for H2020 projects

DIGITALEUROPE members have published a new consortium agreement model for Horizon 2020 projects: MCARD-2020.

This new model is similar to the Integrated Project Consortium Agreement (IPCA) developed by DIGITALEUROPE for the Seventh Framework Programme.

According to DIGITALEUROPE “as with the IPCA, consortia in any scientific field, not just in the ICT domain, are free to adapt and use the MCARD-2020. The objective is to encourage the participation of partners from academia, small businesses as well as established companies in H2020 projects.”

For further details and to read MCARD-2020, please click here.

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IP management in Horizon 2020: grant preparation

We are pleased to inform you that the European IPR Helpdesk has prepared a new fact sheet to give guidance on the central Intelelctual Property (IP) issues which consortia need to consider during the grant preparation stage, which are encompassed in two main agreements underpinning the contractual framework of EU-funded projects: the Grant agreement and the Consortium Agreement.

In terms of Intellectual Property Rights issues, the grant preparation stage is extremely important since the main commitments concerning IP are agreed upon in this phase between the consortium and the European Commission, and among consortium partners. In fact, before the final signature of the Grant Agreement, consortia have the opportunity to fine-tune the details outlined in Annex 1 of the project proposal.

This fact sheet is a follow-up to the previous one on “IP management in Horizon 2020: at the proposal stage”, whose reading is highly recommended beforehand.

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DESCA 2020 - Consortium Agreement model available now

DESCA, the most widespread model Consortium Agreement in the 7th Framework Programme, has been updated for Horizon 2020.

DESCA is a simple and comprehensive model, stripped of all unnecessary complexity in both content and language. The modular structure of DESCA, with various options and alternative modules and clauses, provides maximum flexibility.

Elucidation notes with concrete examples and detailed explanations about the various options and clauses are provided throughout the model. These notes will help research managers (who typically do not have legal training) and first-time FP participants to make informed choices about the best wording to protect their interests.

Initiated by key Horizon2020 stakeholder groups, and co-developed with the FP community, this initiative seeks to balance the interests of all participant categories: large and small firms, universities, public research institutes and RTOs, in the spirit of the Responsible Partnering Initiative. The DESCA Core Group is represented by ANRT, EUA, Eurochambres, EARTO, KoWi, LERU, VTT, ZENIT and coordinated by Fraunhofer and the Helmholtz Association.

For further information, please click here.

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European IPR Helpdesk templates on NDAs and MoUs updated

We are pleased to inform you that the European IPR Helpdesk has updated its Non-Disclosure Agreements (NDAs)  that can now be used independently of the kind of negotiations that you enter into, both in the context of EU-funded projects and for international partnerships.

In addition to that, a Memorandum of Understanding (MoU) for Horizon 2020 has been created. Alongside the one already available for FP7, the new document reflects the few changes brought by the new Horizon 2020 rules.

All these templates can be found and freely downloaded in the European IPR Helpdesk online library, under useful documents.

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H2020 MoU - Memorandum of Understanding

A Memorandum of Understanding (MoU) in Horizon 2020 is an agreement that defines the framework of the negotiations among the partners of a consortium and that is generally concluded in the very beginning of the negotiations on the involvement in a project, even before submitting a proposal. It expresses a convergence of will between the parties, indicating an intended common line of action, helping to explain any protocols for communication, information exchange, reporting, confidentiality issues, and modifications and conditions for terminating the agreement.

Allocation of shares of jointly developed results

Ownership over the intellectual property arising as a result of the innovation is one of the most critical issues to resolve in the framework of collaborative projects, especially in cases where two or more partners generate results jointly.

This case study sets out the likely actions to be undertaken in such a situation to avoid any drawbacks and for a proper management of a jointly owned research result.

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Exploitation channels for public research results

We are pleased to inform you that the European IPR Helpdesk has released a new fact sheet on the "Exploitation channels for public research results".

This fact sheet has the aim to present tools, tips and practices for public research organisations (PROs) to convert the knowledge resulting from publicly funded research activities into socio-economic benefits. This can be achieved in different ways, not only through direct commercialisation tools, but also via collaborative or contract research conducted in co-operation with or commissioned by the industry. In so doing, the dissemination and transfer of the generated knowledge to the market would therefore be ensured, with the objective of creating products and services to enhance social welfare.

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