1. 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

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

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

4. Data for UK Higher EducaKon sector (HEIF study)

5. 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.

6. 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

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

8. 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.

9. 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

10. 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”.

11. 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)

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

13. 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

14. 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.

15. Thank you for your attention