1. Alain GALLOCHAT, French Research Ministry
CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION
WIPO
Geneva - April 25/26, 2005
Alain GALLOCHAT, French Research Ministry

2. THE ROLE OF PUBLIC AUTHORITIES: THE FRENCH APPROACH FOR PUBLIC RESEARCH (1)
To create a legal environment
To adopt new rules when necessary
To assist the researchers
To explain and explain again

3. THE ROLE OF PUBLIC AUTHORITIES: THE FRENCH APPROACH FOR PUBLIC RESEARCH (2)
The law on innovation and research (July 12, 1999)
The recommendations for the adoption of an Intellectual Property Charter (June 2001)
The plan in favour of innovation (April 2003)

4. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (1)
Researchers mobility
Cooperation between public research and private sector
Fiscal framework for innovative companies
Legal framework for innovative companies

5. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (2)
Researchers mobility :
creating (Art. 25.1)
consulting (Art. 25.2)
managing (Art.25.3)

6. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (3)
Cooperation between public research and private sector
Incubators
SAICs

7. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (4)
Fiscal framework for innovative companies
Legal framework for innovative companies

8. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (1)
Protecting the results is of paramount importance
Specific IP policy
Ownership / co-ownership
Cautions & recommendations in case of a partnership
Organisation of IP services

9. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (2)
LEGAL ISSUES / RIGHT TO TITLE
Art. L CPI : « The right to the industrial property title referred to…shall belong to the inventor or his successor in right »
Art. L CPI : Employee’s inventions
* mission inventions
* not mission inventions, but…
* other cases

10. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (3)
LEGAL ISSUES / CO-OWNERSHIP
LEGAL SYSTEM : Art. L CPI
CONTRACTUAL SYSTEM

11. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (4)
LEGAL ISSUES / FINANCIAL MEASURES
Art. L : private sector
Art. L : public sector
* October 1996 Decrees : 25%
* February 2001 Decrees : 50% up to € / year, and then 25%

12. PLAN FOR INNOVATION / DECEMBER 2002 PRESENTATION
Joint presentation of a draft by the ministers in charge of Industry and Research
Public consultation

13. PLAN FOR INNOVATION / FINAL TEXT
Adoption of the plan and presentation by both ministers early April 2003
Preparation of the necessary Decrees

14. PLAN FOR INNOVATION / MEASURES CONCERNING IP
Financial incentive for increasing the number of filings of patent applications
National campaign for sensitizing the researchers in the field of patents

15. PLAN FOR INNOVATION/ NATIONAL CAMPAIGN
Time schedule
Targets
Content

16. CONCLUSION
A wishful policy
The legal problem(s)
The cultural issue

17. I THANK YOU FOR YOUR ATTENTION