1. IPR in FP7
Bart Janse
DG Research A.2

2. Intellectual Property Provisions
Main objectives
to facilitate the implementation of the project and the exploitation of its results
to provide a minimum framework while allowing participants flexibility to determine additional rules specific for their cooperation
to ensure continuity with the FP6 IPR provisions but simplifying and improving these where appropriate

3. Intellectual Property Provisions
Terminology
Background = information and attached rights
which is held by participants prior to their accession to the grant agreement (no sideground)
which is needed for carrying out the project or for using its results
which may be defined by the participants
Foreground = all results of the project and attached rights

4. Intellectual Property Provisions
Ownership: each participant owns the foreground it generates
Joint ownership: in absence of a specific agreement, a default regime applies:
any joint owner is entitled to grant non-exclusive licenses to third parties, without any right to sub-licence, subject to prior notification and fair and reasonable compensation to the other owner(s)
Transfer of ownership of foreground Prior notification in principle only to the other participants who may waive their rights to be notified in advance regarding specific third parties (requirement to notify Commission may be in grant agreement, Commission may object to transfers or exclusive licenses to third parties established in non-associated countries for ethical, competitiveness or security reasons)
(joint ownership generated jointly, or in actions for the benefit of specific groups) :

5. Intellectual Property Provisions
Protection, use, dissemination (publication)
Foreground capable of industrial or commercial application must be protected taking into account legitimate interests
Owner of foreground who does not wish to protect may transfer the foreground to another participant or an (affiliate) entity established in a Member State or associated country or to the Commission
Foreground must be used and disseminated
Notice of dissemination (including publication) to be given to other participants (not to Commission unless no protection)
Publications and patent applications must indicate the Community financial assistance
NO BOX

6. Intellectual Property Provisions
Access rights
Participants may exclude specific background but not necessarily prior to signature of EC grant agreement
Requests for access rights within one year or other period to be agreed by participants
Possible to grant exclusive licenses to background and foreground if other participants waive their rights
Commission no longer informed of granting of access rights to third parties (grant agreement may provide otherwise regarding exclusive licenses)
Special provisions for certain types of actions e.g. frontier research, research for the benefit of specific groups, security research

7. Intellectual Property Provisions
Access rights conditions
Access rights to background
Access rights to foreground
Needed for carrying out the project
Royalty-free
unless otherwise agreed before accession to the grant agreement
Needed for use of own foreground [*]
Fair and reasonable conditions or royalty-free to be agreed at any time
[*] Unless otherwise foreseen, an affiliate entity established in a MS or AC will also enjoy such access rights

8. Intellectual Property Provisions
Further questions on IPR?
Helpdesk
Other helpful tools (e.g. IPR guide, consortium agreement checklist) which are being created for FP7
IPR Helpdesk (
Thank you for your attention !!