1. 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

2. 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

3. ERIC Regulation and the European Spallation Source ERIC
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.”
=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.”

5. 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

6. IPR Policy European Spallation Source ERIC
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)

7. 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

8. 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.

9. 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

10. 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

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

12. 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

13. 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

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