1. Perspective of an International Research Center
Open-Ended Forum on Proposed Development Agenda Projects Panel Discussion on IP and Technology Transfer Geneva, October 13 and 14, 2009
Perspective of an International Research Center
Bernard DENIS,
Deputy Head of Knowledge and Technology Transfer
CERN

2. Agenda CERN knowledge and technology transfer
IP in technology transfer
IP in scientific collaborations

3. CERN knowledge and technology transfer
IP in technology transfer
IP in scientific collaborations

4. CERN mission
“The Organization shall provide for collaboration among European States in nuclear research of a pure scientific and fundamental character, and in research essentially related thereto.”
“Results of its experimental and theoretical work to be published or otherwise made generally available”
CERN convention 1954

5. CERN in numbers 2256 staff ~700 other paid personnel ~ 9500 users
Budget (2009) 1100 MCHF
20 Member States: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Italy, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland and the United Kingdom.

6. Technologies
Spin-off technologies comes from the R&D required to build accelerators and detectors, i.e. they are by-products, they are not the prime object of the research

7. Knowledge and Technology Transfer (KTT) group
Initiatives aimed at fostering knowledge transfer and exchange
Networks, alumni
Training and mobility programs
Coordination of a collaboration on high-impact projects (Hadron Therapy)
Technology Transfer
Technology disclosure and market assessment
IP protection
Transfer:
Out-licensing
Research contracts
Collaborative R&D
Service and consultancy

8. CERN knowledge and technology transfer
IP in technology transfer
IP in scientific collaborations

9. IP and Technology Transfer principles
IP management and dissemination practices compatible with open science and fostering cumulative innovation
 Exploitation practices maximising dissemination and visibility as opposed to a revenue maximization approach
 Transferable technologies widely publicized and equal opportunity for industry in all Member States

10. IP and Technology Transfer in practice…
CERN always retains IP ownership
CERN seeks patent protection if patent facilitates the transfer and/or increases the probability that the technology ends up in a useful product
In case of exclusive license, CERN always retains the right to use its technology in the framework of its scientific programme
CERN provides industry with affordable access to its technologies for R&D and evaluation purpose
CERN seeks to obtain a “fair share” of the revenues generated through the commercial exploitation of its technologies

11. CERN Knowledge and Technology Transfer
IP in Technology Transfer
IP in scientific collaborations

12. IP in the scientific community: perception and behavior
“Patents are incompatible with Open Science*”
“We should patent to avoid that industry takes a patent on our technologies and later charge us for their use”
“Commercial exploitation is conflicting with fundamental research”
“Patenting is in conflict with the CERN convention”
Use of patents to secure “scientific ownership”!
* The norms of open science: communalism, universalism, disinterestedness, … (Merton, 1946)

13. IP in collaborations with a Technology Transfer potential
More and more situations where complex Collaboration Agreements are required (replacing Memorandum of Understanding)
CERN makes sure that the contributions (IP, resources) of collaboration members and the IP ownership allocation principles are clearly defined at the outset of the collaboration
Patents on basic technology can hamper its development due to the need to collaborate with industry during the cumulative development process
“Experimental use exemption” used with care…

14. Software and scientific publications
The favoured approach to disseminate software is through Open Source License (especially for software projects involving many collaborating institutes)
CERN, through its Scientific Information Service, is playing a leading role in the Open Access movement

15. Thank you…