As a researcher in a MSC action, do I have access rights to the background and results?

Pursuant to the Grant Agreement, beneficiaries have to make sure that researchers enjoy, on a royalty-free basis, access rights to the background and results so that they are able to develop their work under the project. Such access rights are to be granted only if they are necessary for researchers to be carry out their research under the project.

In case there is a restriction that might affect the granting of those access rights, researchers must be informed as soon as possible.

Shall the partner organisation in a MSCA project also sign the Consortium Agreement?

The ‘consortium agreement’ is an agreement between members of the consortium, to set out their internal arrangements for implementing the grant. It is purely internal. Partner organisations are not signatories to the grant agreement and have neither rights nor obligations under it. They do not form part of the consortium, and hence, the do not sign consortium agreement.

I am a researcher participating in a MSCA. I know that the beneficiary I work for is obliged to protect the results of my project. However, my results will not fulfill the patentability criteria. What shall I do?

In terms of protection, indeed, Horizon 2020 poses a general obligation to protect the project results - please see article 42 of the Horizon 2020 Rules for Participation and article 27 of the Model Grant Agreement.

Should we sign a consortium agreement for our Horizon 2020 MSCA project? If so, are there any specific templates available?

The signing of a consortium agreement is compulsory under a few Marie Skłodowska-Curie calls only – when it is not, the Work Programme always explicitly states so. For instance, there are no consortium agreements in mono-beneficiary projects.

A first step would therefore be to check whether a consortium agreement is compulsory in your case, depending on the type of project that you will take part in.

Our fellow is going to spend his secondment period at another partner organisation. Will this partner organisation have any IPR over the results developed during the secondment?

In MSCA, the rules surrounding the ownership of project results are the same as those applicable in other Horizon 2020 actions: project results are owned by the beneficiary generating them.

I am a researcher and would like to apply for an MSCA grant. What rights will I have over the publications I write in relation to this grant?

In MSCA, the general rule surrounding ownership is that project results are owned by the beneficiary generating them.

In other words, your institution (e.g. your university) will sign the Grant Agreement with the European Commission and will consequently be considered as a beneficiary, i.e. the owner of the project results which its staff generates during the action. The default rule is therefore that copyright over your publications will be vested in your institution. As a researcher, you do not benefit from any automatic ownership rights under the Grant Agreement.