IP Management in European Structural and Investment Funds

European Structural and Investment Funds (ESI Funds) are one of the main investment policy tools of the European Union to support economic and social growth within Europe.

Research and innovation projects funded under ESI Funds entail the creation and use of intellectual assets, which attribute an indispensable role to intellectual property (IP) in the whole project management process.

Our latest fact sheet on IP Management in European Structural and Investment Funds underlines the importance of IP in ESI Funds and aims to provide guidance on the IP issues that may arise during the project life cycle.

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Transferring projects results to a new entity

“Nemo dat quod non habet” – “no one gives what he doesn't have”.

APEx was a CIP-ICT-PSP project under which national archival institutions from 33 European countries and the International Centre for Archival Research have released a new version of the Internet portal for documents and archives in Europe.The APEx consortium partners decided to transfer the results developed to a new entity – the Archives Portal Europe Foundation (APEF). A number of questions needed clarification and a common understanding among partners before the transfer occurs – the identification of the results and their respective owners.

This case study is an example of exploitation of project outcomes through the creation of a new legal entity.

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European IPR Helpdesk Bulletin Issue (20)

We are pleased to inform you that a new issue of the European IPR Helpdesk Bulletin has been released and is now available online.

Does your business have know-how, inventions or brands? Then you have intangible assets that can be brought to the market to create new revenues and increase profits.

This Bulletin issue is largely dedicated to IP Commercialisation comprising the different available mechanisms to realise economic values from Intellectual Property (IP).

Particular attention is given to licensing as the most common IP commercialisation tool presenting specificities depending on the Intellectual Property involved.

An insight on licensing and Standard Essential Patents (SEPs) is offered by an article of Mr Matteo Sabattini and Ms Alessandra Mosca from Sisvel.

Read our interviews to discover the point of view of European SMEs on IP management and commercialisation.

As always, the Bulletin reports information about past IPR events together with some fresh news on the Helpline service. In addition, it contains the usual patent quiz and a new IP commercialisation crossword.

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Technology Licensing-in

Successful industries survive on continuous innovation, bringing to the market new products and services by developing or acquiring cutting-edge technology. The process of acquiring the rights related to a third party’s technology through a licence agreement is indicated as technology licensing-in.

This fact sheet analyses the most relevant issues related to technology licensing-in, giving readers an overview of the preliminary steps and practical suggestions to follow in order to get prepared for future negotiations.

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Revamped Regulation: EU Strengthens International Trade and IPR Enforcement

On Tuesday 19 January 2021, the European Parliament approved the legislative resolution broadening the European Union’s capacity to act in international trade disputes and ensure an effective dispute resolution procedure.

The agreement covers a wide range of fields, also expanding the scope of the regulation to certain trade-related aspects of intellectual property rights. The revised regulation enables the EU to react even if the World Trade Organisation (WTO) has not delivered a final ruling in case a third party blocks the dispute procedure.

Commission Executive Vice President and Commissioner for Trade, Valdis Dombrovskis, said: "This agreement sends a strong political signal that the European  Union will take action to defend and protect our companies, workers and consumers whenever our partners do not play by the rules."


Licensing Out to China: The Case of Clean-Tech Company Orcan Energy

It has been three years since the Paris Agreement of the United Nations has taken effect with the aim of substantially reducing the risks and effects of human-caused global warming. Yet, our environment is still paying the price for our collective overconsumption of energy and natural resources such as fossil fuels.

With electricity generation being one of the main sources of greenhouse gas emissions, the German SME Orcan Energy AG has entered the stage with a far-reaching vision: to make existing energy supply more efficient and sustainable, both in Europe and around the world. The present case study outlines how a licensing deal helped the company to scale up its technology and establish a market presence in China.



BREXIT: The finalised Withdrawal Agreement

The official draft Agreement on the withdrawal of the UK from the EU was released last week.

Regarding intellectual property (IP), as already foreseen in the no-deal scenario, EU IP rights will continue to be protected in the UK after Brexit.

Therefore, holders of IP rights which have been registered or granted before the end of the transition period will become the holder of a comparable UK right.

Find further information and read the Withdrawal Agreement here. The provisions regarding IP rights are covered under Title IV (Articles 54 to 61).


San Marino becomes a member of the 1999 Act of the Hague System

On October 26 2018 the Republic of San Marino joined the Geneva (1999) Act of the Hague Agreement for the international registration of designs.

The Hague Agreement governs the international registration of industrial designs. Instead of filing separate individual applications, the Hague System allows applicants to file a single design application in multiple countries or regions with minimal formalities.

For more information, please click here.


EPO and Community Plant Variety Office extend their bilateral cooperation

In 2016 the European Patent Office (EPO) and the Community Plant Variety Office (CPVO) signed a cooperation agreement to exchange information and best practices in the area of plant-related patents and plant variety rights. The cooperation between the two Offices has been extremely well received among European institutions, EU Member States, stakeholders and the public in general.

Last week, EPO and CPVO renewed their cooperation agreement for 3 more years envisaging the adoption of measures for sharing training tools with the public and for providing access to CPVO documentation via the EPO’s databases.

Find more information on their support of innovation in the plant sector here.