Last updated January 2007

The management of intellectual property (IP) within an FP6 project implies decisions to be taken by the contractors individually or as a consortium on a variety of issues.

Also, the EC contract establishes specific procedures to be followed before deciding on sensitive IP issues, such as the publication of data related to knowledge or the granting of access rights to third parties.

Finally, good organisation of IP management is always important for the implementation and success of a project and to open opportunities for commercial exploitation.

Some consortia constitute a body specialised in IP issues, usually named IPR Council, IPR Committee, or something similar. The IPR Council may have a consultative role, contribute to the resolution of disagreements between contractors or even assist in the drafting of the plan for the use and dissemination of the knowledge. Furthermore, the existence of such a body also helps raise contractors’ awareness of IP issues.

Projects with high outputs of knowledge that can have commercial or industrial applications are generally advised to consider the creation of such a specialised body, especially when they involve a large number of partners.

Smaller projects or those that do not expect to generate such knowledge may leave the decisions related to IP to the executive committee or another body of their project.

In addition to the IPR Council, other organs that may fill this role are the governing board (a body wherein each contractor participates with a representative) and the executive committee (responsible for the implementation of the governing board’s decisions and the coordination of any subprojects). The existence of an executive committee usually depends on the size and complexity of the project.

IP management decision Consortium body Protection of knowledge The obligation to protect knowledge that can be commercially or industrially applied is fulfilled by the contractor-owner individually. However, a consortium body can be responsible for tracking down knowledge that should be protected and advising the individual contractors on the means of protection. This may be one of the main responsibilities of the IPR Council. It may participate in the meetings of other bodies, such as the scientific or the executive committee. Alternatively, the executive committee could be charged with such responsibilities, provided that it has at least one member competent in IP. Publication of data related to knowledge Article II.33.3 of Annex II to the EC contract requires contractors to inform the Commission and the other contractors of any publication plans and to request their approval before the publication takes place. Contractors may wish to further regulate this sensitive issue and establish a common action to resolve any disagreements on publications, to provide amendments or a postponement that satisfies all parties, etc. The IPR Council would be the most appropriate body to solve any differences related to publication and to propose amendments that can satisfy all parties. Furthermore, it can provide its opinion on all publication plans with regard to the risks that such publications could imply for the protection or use of knowledge. The executive committee could also play this role, although the governing board should be responsible for taking any final decisions. Access rights for third parties According to article II.35.1.b, contractors have an obligation to inform the Commission when the granting of access rights to third parties could be contrary to the European economy or to ethical principles. Since the evaluation of such risks should be made by all the contractors, the relevant discussions shall be held within a consortium body. The IPR Council may participate in this process. In any case, the final decision shall be taken by the governing board. Plan for using and disseminating the knowledge This is one of the reports that contractors are required to present to the Commission during the implementation and at the end of the project. There should be one body responsible for the drafting and revision of this plan. Generally, this plan is drafted by the executive committee or the governing board. However, if there is an IPR Council, it may have a consultative role on the drafting or even draft it alone and send it to the governing board for approval. “Needed” character of access rights Access rights are granted under the conditions of article II.35 when the requesting contractor needs them in order to carry out its work under the project or to use its knowledge. Contractors may wish to provide an internal mechanism to rapidly resolve disagreements on the needed character of access rights and to carry on the project work. Normally, the decision on such an issue is taken by the governing board. The opinion of any existing scientific and/or IPR committee is usually required. Joint ownership In case of joint ownership, one of the consortium bodies could assist the contractors in evaluating their contribution to the jointly owned knowledge and establishing their respective shares. The IPR committee would be the most appropriate body for this function. Use of knowledge The contractors are required to use the knowledge they generate under the project either for further research or for commercial activities. A body capable of consulting on IP issues could help contractors reach agreements with third parties (such as licensing or confidentiality agreements). The IPR committee or the executive committee could play this role.