Perspective of an International Research Center Open-Ended Forum on Proposed Development Agenda Projects Panel Discussion on IP and Technology Transfer Geneva, October 13 and 14, 2009 Perspective of an International Research Center Bernard DENIS, Deputy Head of Knowledge and Technology Transfer CERN

Agenda CERN knowledge and technology transfer IP in technology transfer IP in scientific collaborations

CERN knowledge and technology transfer IP in technology transfer IP in scientific collaborations

CERN mission “The Organization shall provide for collaboration among European States in nuclear research of a pure scientific and fundamental character, and in research essentially related thereto.” “Results of its experimental and theoretical work to be published or otherwise made generally available” CERN convention 1954

CERN in numbers 2256 staff ~700 other paid personnel ~ 9500 users Budget (2009) 1100 MCHF 20 Member States: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Italy, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland and the United Kingdom.

Technologies Spin-off technologies comes from the R&D required to build accelerators and detectors, i.e. they are by-products, they are not the prime object of the research

Knowledge and Technology Transfer (KTT) group Initiatives aimed at fostering knowledge transfer and exchange Networks, alumni Training and mobility programs Coordination of a collaboration on high-impact projects (Hadron Therapy) Technology Transfer Technology disclosure and market assessment IP protection Transfer: Out-licensing Research contracts Collaborative R&D Service and consultancy

CERN knowledge and technology transfer IP in technology transfer IP in scientific collaborations

IP and Technology Transfer principles IP management and dissemination practices compatible with open science and fostering cumulative innovation  Exploitation practices maximising dissemination and visibility as opposed to a revenue maximization approach  Transferable technologies widely publicized and equal opportunity for industry in all Member States

IP and Technology Transfer in practice… CERN always retains IP ownership CERN seeks patent protection if patent facilitates the transfer and/or increases the probability that the technology ends up in a useful product In case of exclusive license, CERN always retains the right to use its technology in the framework of its scientific programme CERN provides industry with affordable access to its technologies for R&D and evaluation purpose CERN seeks to obtain a “fair share” of the revenues generated through the commercial exploitation of its technologies

CERN Knowledge and Technology Transfer IP in Technology Transfer IP in scientific collaborations

IP in the scientific community: perception and behavior “Patents are incompatible with Open Science*” “We should patent to avoid that industry takes a patent on our technologies and later charge us for their use” “Commercial exploitation is conflicting with fundamental research” “Patenting is in conflict with the CERN convention” Use of patents to secure “scientific ownership”! * The norms of open science: communalism, universalism, disinterestedness, … (Merton, 1946)

IP in collaborations with a Technology Transfer potential More and more situations where complex Collaboration Agreements are required (replacing Memorandum of Understanding) CERN makes sure that the contributions (IP, resources) of collaboration members and the IP ownership allocation principles are clearly defined at the outset of the collaboration Patents on basic technology can hamper its development due to the need to collaborate with industry during the cumulative development process “Experimental use exemption” used with care…

Software and scientific publications The favoured approach to disseminate software is through Open Source License (especially for software projects involving many collaborating institutes) CERN, through its Scientific Information Service, is playing a leading role in the Open Access movement

Thank you…