Who owns the IP resulting from multi-beneficiary projects (Marie Curie actions) in case a researcher employed by one beneficiary generates IP within another beneficiary's premises?

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According to the model Grant Agreement foreground shall be the property of the beneficiary carrying out the work generating that foreground. Furthermore, according to the model Grant Agreement foreground means the results, including information, whether or not they can be protected, which are generated under the project. Such results include rights related to copyright; design copy rights; patent rights; plant variety rights; or similar forms of protection.

The results/Intellectual Property generated by the researcher under the project shall, thus, belong to the beneficiary who is considered to be his employer during the secondment period in the host beneficiary's premises.

It is, furthermore, possible that the researcher employed and dispatched by one beneficiary, together with employees of the host beneficiary, creates jointly some results. In such case, the ownership shall be jointly as well. Beneficiaries in such case may create their own regime on the allocation and the terms of exercising the ownership of foreground or agree on an alternative solution (e.g. a single owner with favourable access rights for the other beneficiary that transferred its ownership share).

It is a good practice to include in the Consortium Agreement or Partnership Agreement a clause containing rules for allocation, terms of exercising and management of ownership of the project results within the secondment period.