Is there a unique court that has sole jurisdiction to hear Intellectual Property disputes between project partners in the 7th Framework Programme?

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Partners acting together under the implementation of the same project form a consortium. Consortium members conclude amongst themselves an agreement (consortium agreement) that allows them to determine detailed provisions necessary to carry out their project. It shall also include rules regarding the settlement of internal disputes between the consortium members. Depending on the arrangements of all consortium members, the jurisdiction chosen to settle disputes can be a national court or an alternative dispute resolution mechanism such as mediation or arbitration. If arbitration is chosen, the consortium agreement will have to determine some or all characteristics of the procedure to be followed. Partners themselves choose the competent jurisdiction for the conflicts arising under, out of or relating to the consortium agreement.

It is, furthermore, advisable to set rules regarding the settlement of internal disputes between potential participants already in the proposal phase. In the proposal phase potential project partners develop ideas for joint research activities and already at this stage certain disputes regarding Intellectual Property may arise. In order to be prepared for such eventuality it is recommended to conclude an agreement which defines the framework of the negotiations between applicants and determine competent jurisdiction in case of a dispute (e.g. a memorandum of understanding). Depending on the intentions of the potential project partners, the jurisdiction chosen to settle this kind of dispute can be a national court or an alternative dispute resolution mechanism such as mediation or arbitration.