Jakob Wested and Helen Yu and Timo Minssen http://conext.ku.dk/ Conext project Legal challenges to large scale international research infrastructures – the case of of European spallation source ERIC Jakob Wested and Helen Yu and Timo Minssen http://conext.ku.dk/

Jakob Wested and Helen Yu http://conext.ku.dk/ CoNEXT project Conext project Legal challenges to large scale international research infrastructures – the case of of European spallation source ERIC Jakob Wested and Helen Yu http://conext.ku.dk/

ERIC Regulation and the European Spallation Source ERIC 23-11-2018 ERIC Regulation and the European Spallation Source ERIC EU reg. 723/2009 “ERIC regulation”  ”a specific legal form to facilitate the establishment and operation of research infrastructures with European interest.” https://ec.europa.eu/research/infrastructures/index_en.cfm?pg =eric Membership: States and intergovernmental institutions Objective: socio-economic impact and scientific excellence on a non-economic basis European Spallation source ERIC: “Construction of the most powerful linear proton accelerators and operation of the worlds leading facility for research using neutrons.”

The Bigger picture Return on investment National interests Scientific ”Responsible Research and Innovation (RRI)” Construction Socio-economic impact Openness Transparency Operation Technical excellence Scientific excellence EU Common Good

IPR Policy European Spallation Source ERIC 23-11-2018 IPR Policy European Spallation Source ERIC IPR principles (sec. 3) Freedom to operate: reciprocal licensing of background and foreground necessary to the project (3.1) (Comm. PRO guidelines, 2008) Open access and open source / “Fair and reasonable” / compatibility with OSS (3.2.2) Publications: publication of all research results form ESS projects Inventions (sec. 4) Conditions for ESS to apply for patent protection (either suffices) (4.1) Particularly important inventions + maximize impact and visibility Substantial commercial potential Necessary for cross-licensing or technology exchange No disagreement of ownership Scope of protection though shall be dependent on the objectives sought PARTNERS/joint projects: Contractual agreement considering the above (4.5) USERS: Retains all rights / see user agreement (4.6)

Part I: Conclusion ESS policies needs to adopt a competitive and open access approach to maximize the impact of collaborative research with and for society. Interests of relevant stakeholders need to be integrated from the outset to ensure innovations are actually translated for the benefit of the public. Harnessing the dynamics emerging at the intersection of IPR, contracts and institutional traits are essential to realising the commitment to Openness and transparency

stakeholders Industry is interested in investing in research that can lead to commercial benefits Researchers have an interest in free and open access to knowledge and data to foster scientific progress Government is interested in supporting research that creates the greatest socio- economic impact Universities are interested in attracting government and industry funding to support further research The public is interested in a return of benefit from their tax dollars that go towards funding basic research.

Part II: discussion Compare IPR policies of ESS, CERN, and ILL and discuss how each research infrastructure deals with IPR and IP management in view of their commitment to open science and open innovation Introduce the concept of open source patents or patent pledges as a strategy to meet the goals of both advancing research and innovation while incentivizing commercialization

Part III: discussion Compare IPR policies of other ERICS to assess how different ERICS treat IPR and IP management in view of their ERIC status Discuss and analyze how different ERICS treat IPR and IP management given the particular challenges or issues arising from their field of research

Translation Cooperation between stakeholders to conduct research with and for society requires a setting that supports and fosters collaboration

Paper iv: discussion Discuss the role of research institutions and research infrastructure as anchor tenants to attract intellectual capital and industrial R&D to the region Build on the concept of open source patents and patent pledges as examples of the strategic use of intellectual property as a tool to stimulate the creation of a business ecosystems to support the development of innovations

Future projects? ESS Data Policy will likely be published in June 2017 EU implications on the effective use and access to raw data (as opposed to research results) to maximize the use of ESS as a European research infrastructure and reduce duplication efforts

Jakob Wested and Helen Yu and Timo Minssen http://conext.ku.dk/ Questions? Jakob Wested and Helen Yu and Timo Minssen http://conext.ku.dk/