Senior Executive Officer Experiences with Consortium Agreements in H2020 (financial provisions) NCP Academy training Berlin 25 January 2017 Poul Petersen Senior Executive Officer L&F NCP Norway Research & Innovation EU Office Universitetsparken 1 2100 Copenhagen Ø +45 35 32 28 10 Pope@adm.ku.dk www.eu.ku.dk

Agenda Own background What are we talking about? Why do we need a Consortium Agreement? Practical experiences with big companies and American universities Summary

Terminologi changes from FP5 to H2020 Up Stream  Pre-existing Know-How Background Down Stream Knowledge (results of the Project) Foreground Results

Data for UK Higher EducaKon sector (HEIF study)

General rule: each participant owns the results it generates. 2. OWNERSHIP General rule: each participant owns the results it generates. Joint ownership: only if results are jointly generated results and it is impossible to determine the respective share of the work or to separate them for protection: Joint owners must reach an agreement, Each joint owner may grant non-exclusive licences to third parties, without the right to sub-license, if other joints owners are given prior notice & fair and reasonable compensation. Rights of employees & third parties.

Consortium agreement Regulates the internal organisation of consortium, including potential IPR issues (patent rights) Compulsory except otherwise mentioned in the call for proposal May not conflict with the contract (Description of Action) Not signed nor approved by the Commission After or (preferably) before signing the contract Some decisions on IPR issues must be made by the participants – if at all – before signature of contract Non-binding guidelines published by the Commission

Different challenges for Consortium Agreement negotiations Try to understand your opponent Some lawyers think very differently than scientist and administrators

Different challenges for CA negotiations (2) What is the value of an invention? Scientists and TT Officers often have a very different opinion compared to private companies.

Different challenges for CA negotiations (3) Don’t just send standard comments to the Consortium Agreement draft. Join the DESCA Group instead Time is money – for all beneficiaries

Different challenges for CA negotiations (4) Some coordinators think they are dictators. Always refer to AMGA and ”Definitions”. In FP7, ”Definitions” are listed in Annex II (General Conditions). In H2020, ”Definitions” are now part of ”Rules for Participation”.

Different challenges for CA negotiations (5) Don’t be afraid of joint ownership Both parties can sell licenses – but in praxis they have to negotiate and reach an agreement (IARU template)

IARU template for secondments to American and other universities Special focus on Inventorship, Ownership, Liability etc.

Summary Start early. It can take a long time to agree on a Consortium Agreement Always try to have the Consortium Agreement signed before the Grant Agreement

Never send money to a beneficiary before they have signed the Consortium Agreement – even if they have already signed the Grant Aagreement. Don’t be afraid to collaborate with industry and big companies, but don’t be naive either.

Thank you for your attention