European IPR Helpdesk Get your ticket to innovation! Protect what you own & IP in Project Life Cycle Jakub Ramocki EU IPR Helpdesk/ Infeurope S.A. (Luxembourg)

European IPR Helpdesk

European IPR Helpdesk

European IPR HelpdeskGet your ticket to innovation!

Protect what you own&

IP in Project Life Cycle

Jakub RamockiEU IPR Helpdesk/ Infeurope S.A. (Luxembourg)

AAL JP Call 6 Central InfoDay Brussels, 6 February 2013

European IPR

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European IPR

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Road Map

• What do I actually own? (Intellectual Property)

• IP Management in Collaborative Projects

• Need Assistance?

February 6, 2013

European IPR

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European IPR

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STOP

What do I actually own? (Intellectual Property)

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European IPR

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How does IP rate amongst an SME’s problems?

Problems of a today’s SME

February 6, 2013 © European IPR Helpdesk (2013)

European IPR

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European IPR

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Problems of a today’s SME

• “We do not own any IP assets”

• “IP is something owned by other, bigger players, and often used against us to our disadvantage”

• “So, what has IP got to do with me?”

Outcome: Contemporary SMEs seem to have no IP relevant problems


European IPR

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European IPR

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Identifying IP

• How much harm your company would suffer if your competitor got hold of your customer list, or hijacked your website?

• Would the reputation of your company be damaged if its name / logo (even if not registered) would be used by a rival to offer goods / services of a drastically poor quality?

We just identified and valued some IP

How much money would you be able to pay to prevent the loss?


European IPR

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European IPR

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Knowledge SocietyChanging business environment in the knowledge society

Business Assets

Tangible Assetse. g. machinery,

infrastructure, financial assets

Intangible Assetse. g. know-how, human

resources, business relationships, brands

Intellectual Capital


European IPR

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European IPR

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Intellectual Property (IP)

Intellectual Property

Industrial Property

TrademarksPatents

Industrial Designs

Literary & Artistic Works

CopyrightsRelated rights

Databases

Soft IP (unprotectable

intellectual capital) Secrets

Know-HowContracts

…

Trade secrets


European IPR

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European IPR

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IP related processes

• IP Review• Novelty searches, state of the art searches …

• Consulting for IP protection: Trademarks, Patents, designs, and alike

• TM-portfolio management• Patent portfolio-management• Technology watch for patents and trademarks• Legal advice on IP-related contracting issues

• Infringement search for patents and tm

• IP valuation• Own exploitation• Transfer: Licensing (out), Spin off creation

IP Protection

IP Management

Enforcement of IP Rights

Exploitation

IP Identification


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European IPR

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IP Management in collaborative Research Projects

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European IPR

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Cooperation Innovation Cooperation fosters innovation Collaborative research projects bring together individual

know-how and turn it into one “big“ idea


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European IPR

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Where do I find rules regarding IP in AAL projects?


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European IPR

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IP RulesProtection of IP in AAL collaborative projects is dealt with in the …

General Agreement No. 30-CE-00228962/00-54 with its Annex: “Detailed arrangements for the AAL Joint Programme”,

corresponding calls for proposals together with its specifications (e.g. templates and guidelines for proposals),

corresponding grant agreements (GAs) between NFAs and corresponding project partners,

„Rules for Participation”(Regulation (EC) No 1906/2006),

Consortium Agreement,

remaining EU and national legislation


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European IPR

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Overview: Agreements


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European IPR

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What does the Consortium Agreement encompass?


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European IPR

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Consortium Agreement

Regulates the relation between consortium partners

Consortium Agreement

P1

P2

P3

P5

P4


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European IPR

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Consortium Agreement •A legal document that regulates the internal work of the Consortium;

•Implements the programme rules;

•Mandatory for the AAL projects;

•The CA may in no way contradict the prerequisites laid out in the General Agreement with its Annex: “Detailed arrangements for the AAL Joint Programme”, corresponding administrative agreements, corresponding grant agreements, corresponding calls for proposals together with its specifications, EU and national regulations; the latter always takes precedence!

•The CA should be signed by all the project partners before the start of the project;

•Consortia are responsible for defining the regulations;

•the AALA has no binding model


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European IPR

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Consortium AgreementFinal Clauses

•Applicable Law

•Dispute resolution = Jurisdiction

•Other: e.g. Confidentiality, Duration, Severability, assignment

Preliminary Clauses

•Preamble :• Summary of

project framework

• Title

•Parties

•Language

•Definitions

Central Clauses

•Financial and adminstrative management:

• Consortium bodies• Decision-making

procedures• Financial

organisation

•Technical provisions

•Intellectual property issues

•Liability


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European IPR

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Specific vocabulary in AAL Consortium Agreement (I)

BackgroundInformation which is held by the project partners prior to their accession to the agreement. Includes IP as copyright, patents/ patent applications (filed prior to access to agreement).

ForegroundAll results which are generated under the project – whether or not protectable. Such results mayinclude copyrights, design or patent rights, trademarks or others.


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European IPR

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Specific vocabulary in AAL Consortium Agreement (II)

Access rightsUser rights (incl. licenses) to foreground or background of project partners.

UseUtilisation (direct/indirect) of foreground in research activities, which are not part of the project. As well as utilisation for further development, creation and marketing of a product or process.

DisseminationMeans trough which research results are presented to the public. Official publications (e.g. patent applications) are not considered as dissemination.


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European IPR

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Background

• Information which is needed for the project (includes IP rights).

• Remains the property of the project partner that brings it into the project.

• Project partners have the right to define the background that each of them is going to make available to the project and / or exclude from their obligation to grant access rights.

• This can be done as „positive“ or „negative“ list – in writing and attached to the Consortium agreement.


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European IPR

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Foreground

Ownership:•Each beneficiary is the owner of the results it generates during the project.

•Personnel rights have to be taken into consideration.

Joint ownership: •Appears for Foreground generated in common while respective parts of the partners can not be determined.

•Project partners must therefore conclude a joint ownership agreement to deal with allocation and exercise.

•In absence of such an agreement, a default joint ownership regime applies.


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European IPR

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At which stages of my project does IP matter?


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European IPR

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IPR issues are relevant at all stages of the project

• Strategy for securing and managing research results

• Granting of access rights

During Implementation• Disseminating and

securing generated IP

• Exploitation of the results

• Valorisation of intangible values Commercialisation

After Project End

Before Project Start• Proposal preparation,

incl. plan for the use and dissemination of research results

• Defining project-relatedknow-how

• Defining IP protectedareas

• Negotiating a CA/NDA

IP in AAL Project Life Cycle


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European IPR

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IP in AAL Project Life Cycle


Before Project Start• Proposal

preparation, incl. plan for the use and dissemination of research results

• Defining project-related know-how

• Defining IP protected areas


During Implementation

• Strategy for securingand managing research results

• Granting of accessrights

• Disseminating and securing generated IP



After Project End


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European IPR

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IP in FP7 Project Life Cycle


After Project End

• Disseminating and securing generated IP



• Strategy for securing and managing research results

• Granting of access rights

During ImplementationBefore Project Start

• Proposal preparation, incl. plan for the use and dissemination of research results

• Defining project-related know-how

• Defining IP protected areas



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European IPR

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Challenges

SMEs and universities (i. e. researchers in particular) often lack:

awareness of importance of IP

IP expertise

resources to properly manage and exploit their IP


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European IPR

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Risks

Possible consequences:

Risk of conflicts during collaborative projects and possibly limited exploitation of research results

SMEs refrain from entering into collaborative research projects

SMEs/universities do not fully exploit their innovative potential...


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European IPR

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Need Assistance?

European IPR

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European IPR

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This is where the European IPR Helpdesk comes into play …


European IPR

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European IPR

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Target Groups

The European IPR Helpdesk is the official IP service initiative of the European Commission addressing:

EU SMEs involved in internationalisation processes and knowledge/technology transfer

Participants of EU-funded and co-funded programmes

Current and potential participants in EU-funded projects (FP7/CIP) and EU-co-funded projects (AAL JP)

Academia & SMEs

Multipliers and intermediaries


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European IPR

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General Objectives (1)

The European IPR Helpdesk aims at:

raising awareness of the value of intellectual assets and of the necessity to secure and manage them

empowering its target groups to develop capacities of their own to deal with IP/IPR

building long-term partnerships with relevant multipliers networks and other IP initiatives (i.e. Enterprise Europe Network, NCPs, INNOVACCESS…) to anticipate and evaluate the IP/IPR challenges of tomorrow


European IPR

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European IPR

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General Objectives (2)

On a more practical level we aim at:

assisting SMEs and participants of EU-funded and co-funded programmes in dealing with IPR matters

providing advice and first-line, high-quality support on IP/IPR issues via different services


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European IPR

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Services

Bulletin

Newsletter

Training

Helpline

Awareness Raising

Publications

Website

All of our services are offered free of

charge.

February 6, 2013

European IPR

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European IPR

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Website

• News

• Events

• Model Agreements

• Fact Sheets

• Case Studies

• Glossary

• FAQs


European IPR

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European IPR

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Helpline

• First-line support

• User-friendly service provided in English

• Personalised answers to individual questions within three working days

• Wide range of IP topics: IP protection, IP management and exploitation, revision of agreements,etc.

• Understandable for non-legal experts and business oriented


European IPR

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European IPR

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Training

• “Capacity building“

• Practical and comprehensive training approach

• Individual organisation of on-location training events in cooperation with multipliers/ intermediaries

• Training Catalogue

• Web-based training sessions


European IPR

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European IPR

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Webinars & Educational Clips

• Regular courses

• Registration on our website

• Open to everyone interested in enhancing their knowledge of IP/IPR

• Easy handling

• Duration: 60 minutes & 15 minutes “Q&A”

• Short clips for online self-study:Basic facts in 15 minutes


European IPR

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European IPR

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Awareness Raising

• Participation in stakeholder/target group events (e. g. brokerage & information events)

• Professional presentation (i.e. information booth, plenary presentation, workshops)

• Provision of promotional material and information packages

• Contribution to partner newsletters & websites


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European IPR

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Cooperation

• Cooperating with stakeholders involved in IPR and promotion of innovation in order to foster synergies (WIPO, EPO, OHIM, National Patent Offices...)

• Liaising with European business associations and other stakeholders with the purpose to foster partnerships and reach more SMEs

• Networking through LinkedIn and Twitter, which have increased during 2012


European IPR

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European IPR

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Thank you.

We look forward to getting in touch with you!

For questions and general IP advice, please contact our Helpline team:[email protected] +352 25 22 33-333 (Helpline)Fax + 352 25 22 33-334 (Helpline)www.iprhelpdesk.eu

For questions related to our training activities, please send us an email at: [email protected]


European IPR

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European IPR

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Photo Credits

istockphoto© istockphoto.com/maridav (slide 1)© istockphoto.com/Bliznetsov (slide 2)© istockphoto.com/jfelton (slide 4)© istockphoto.com/Angelika Schwarz (slide 6) © istockphoto.com/Rtimages (slide 14, 16)© istockphoto.com/laflor (slide 14)© istockphoto.com/Warchi (slide 18)© istockphoto.com/Dave White (slide 26)

Disclaimer/Legal Notice

The European IPR Helpdesk is managed by the European Commission’s Executive Agency for Competitiveness and Innovation (EACI), with policy guidance provided by the European Commission’s Enterprise & Industry Directorate-General.

The positions expressed are those of the authors and do not necessarily reflect the views of the European Commission.

Documents

European IPR Helpdesk Get your ticket to innovation! Protect what you own & IP in Project Life Cycle Jakub Ramocki EU IPR Helpdesk/ Infeurope S.A. (Luxembourg)