IPR related obligations DG Research & Innovation Research and Innovation

1. BASIC CONCEPTS Results: any tangible or intangible output of the project, whatever its form or nature (e.g. cell lines or prototypes), including any attached rights (e.g. patent or database rights). Background: any data, know-how or information, whatever its form or nature, tangible or intangible, including any rights:  held by participants prior to their accession to the grant agreement,  needed to implement the project or to exploit its results, and  identified by participants in any manner in a written agreement.

BASIC CONCEPTS (continued) Exploitation:use of results (i) in further research (outside the project), (ii) in developing, creating or marketing products, services or processes, or (iii) in standardisation activities. Dissemination: public disclosure of results by any appropriate means (other than resulting from protection or exploiting the results), including by scientific publications in any medium. Access rights: rights to use results or background.

2. OWNERSHIP  General rule: each participant owns the results it generates.  Joint ownership: only if participants have jointly generated results and it is impossible to determine the respective share of the work or it is not possible to separate them for protection in which case:  The joint owners must reach an agreement,  unless otherwise agreed, each joint owner may grant non-exclusive licences to third parties, without the right to sub-license, if the other joints owners are given: - prior notice, and - fair and reasonable compensation. Once results are generated, joint owners may opt for a different regime.  Rights of employees & third parties: the participant must ensure it can comply with its obligations regarding results.

3. PROTECTION  General rule: if possible, reasonable & justified, each participant must appropriately protect its results, taking into account all legitimate interests.  Notification to the Commission: If a participant intends to disseminate without appropriately protecting the results, or intends not to extend or abandons such protection without sufficient reasons. If so, the Commission may protect on behalf of the Union (unless the participant's legitimate interests would be significantly harmed). ©

4. EXPLOITATION  General rule: each participant receiving Union funding must use its best efforts to exploit its results, either directly or indirectly.  Additional exploitation obligations: the work programme/grant agreement may foresee additional exploitation obligations.  Transfers of ownership: all obligations must be passed on; prior notice must be given to other participants which have a right to object if the transfer would adversely affect their access rights (participants may agree differently for transfers to specifically identified third parties).  Licences: may be granted on the condition that any access rights will be respected and any additional exploitation obligations complied with. Exclusive licences possible if other participants waive their access rights.  Transfers or exclusive licences to third parties established outside the Union/Associated countries: the grant agreement may foresee right to object of the Commission.

5. DISSEMINATION  General rule: each participant must disseminate its results as soon as possible, subject to restrictions due to the protection of results, security rules or legitimate interests.  Additional dissemination obligations: more specific dissemination obligations may be foreseen in the work programme/grant agreement.  Open access  Prior notice: before dissemination, a participant must notify the other participants which may object if their legitimate interests would suffer significant harm.  Union support: any dissemination (also patent applications) must indicate Union financial assistance (for visibility and traceability reasons).

6. ACCESS RIGHTS a participant must grant access to its background a participant must grant access to its results if needed by another participant to implement project Royalty-free unless otherwise agreed before accession to the grant agreement Royalty-free if needed by another participant to exploit own results [ * ] Fair and reasonable conditions (to be agreed and may be royalty-free) [*] Unless otherwise agreed in the consortium agreement, an affiliate entity established in a MS or AC has access rights under the same conditions if needed to exploit results generated by the participant to which it is affiliated. Within a project

ACCESS RIGHTS (Continued)  Access rights:  must be exercised in writing (default deadline for exploitation is one year);  do not include right to sub-license unless otherwise agreed; and  termination does not affect the obligation to grant access.  Access rights for the Union:  royalty-free access for policy related purposes to results generated with Union funding (strictly limited to non-commercial and non- competitive use);  Additional access rights may be laid down in the grant agreement if foreseen in WP.

Thank you very much for your attention!