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

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.

Can a department or a university faculty participate in FP7?

A department or university faculty can be a participant in a project if it is considered as a legal entity. Nevertheless, when a department or university faculty (with no legal entity status) participates in a project, the participant will be considered to be the legal entity to which the department or university faculty in question belongs, that is, the private company, university, institution or organization.

What does "Foreground" mean in an FP7 project?

Foreground means the results, including information, materials and knowledge, generated in a given project, whether or not they can be protected. It includes intellectual property rights (such as rights resulting from copyright protection, related rights, design rights, patent rights, plant variety rights, rights of creators of topographies of semiconductor products), similar forms of protections (e.g. sui generis right for databases) and unprotected know how (e.g. confidential material). 

In which part of the Model Grant Agreement can I find the special provisions about IPR?

Most of the provisions can be found in Annex II, Part C, Section 1 and 2 of the Grant Agreement. However, for certain types of FP7 projects, more specific IPR provisions may be found in Annex III, such as the ones applicable to research actions for SMEs or for SME associations. In specific cases, "special clauses" may also be included in Article 7 of the core Grant Agreement with rules concerning IP. A list of all “special clauses” is available with the Model Grant Agreement.

Where can I find the basic regulation concerning the IPR aspects of an FP7 project?

The basic regulation of issues related to intellectual property (IP) rights in a project funded under FP7 is established in the Rules for participation and, more specifically, in the Grant Agreement (essentially, Annex II), which participants conclude with the Commission in order to carry out the project. Furthermore, participants may develop this basic regime in internal agreements, particularly in the Consortium Agreement. Note that the latter cannot contradict the Grant Agreement; it can only further detail it and integrate it.

Are there some specific IPR rules to bear in mind when preparing my proposal for an FP7 project?

FP7 was adopted by the European Union (EU) with clear objectives, in particular to strengthen industrial competitiveness and to meet the research needs of other EU policies. It is therefore natural that the EU shaped this funding programme with regulations, some concerning IP, aimed at better achieving those goals. Hence, participants should be familiar with the specific IP rules related to the programme in question. It is of particular importance in terms of IP to consider the following documents:

Why is it very important to consider IPR issues in an FP7 project?

Participants are strongly encouraged to consider and tackle IPR issues as soon as possible during the preparation of their project and to negotiate any relevant questions with the other participants before starting the project. Indeed, IPR issues can affect both the way a project is conducted, and the exploitation of results after the end of a project. Moreover, certain provisions foresee a default regime if no alternative agreement has been reached.