The proposed network has to address the scientific, technical, socio-economic and policy objectives of the concerned areas of the work programme.

There should exist a need to strengthen excellence on the concerned topic, and the proposed network must have ambitious enough goals in terms of achieving a European leadership on this topic.

The existence of an effective plan to disseminate knowledge and exploit results outside the network is also an important element.

Finally, the proposed network must have a durable structuring impact on European research.

Since networks of excellence are expected to have ambitious goals in terms of providing European leadership on a research topic, it is required to assemble the critical mass of resources and expertise needed to achieve these goals.

The minimal size will of course vary from one topic to another.

The partnership must include at least three participants from three different Member States or Associated States.

However, the need to gather the critical mass of resources will generally require at least six participants.

The relevant call for proposals will specify a minimum number of participants.

It is required that participants be currently conducting excellent research relevant to the topic of the network or capable of important contributions to the joint programme of activities.

The allocation of tasks must take duly into account the abilities of each one of the participants.

The structure of the proposed network and its joint programme of activities have to support a convincing commitment from the participants towards a deep and durable integration.

The aim of this instrument is indeed to gather resources and expertise on a long-term basis.

The structure of a partnership must ensure a high level quality of management.

Network governing bodies must ensure

• the active participation of all partner organisations;
  
  
• the right orientation of the network activities in order to achieve its integration objectives;
  
  
• the efficient taking of any necessary strategic decision.
  
  

Considering the importance of jointly carried out tasks, the setting up of a coherent and efficient management structure is an essential element.

1)The aim of the network of excellence instrument is to gather research resources on a long-term basis. The creation of a lasting structure for integrated research activities requires considering some integrating actions:

• co-ordination of research activities in order to strengthen their complementarity and develop mutual specialisation;
  
  
• sharing common research tools and platforms;
  
  
• joint use of research infrastructures, and adaptation of the existing facilities with a view to their shared use;
  
  
• exchanges of personnel, opening of positions to researchers from other members of the network, staff mobility;
  
  
• relocation of staff, perhaps of whole teams and equipment;
  
  
• integrated management of knowledge and intellectual property;
  
  
• reinforcement of electronic information and communication networks to support interactive work between the teams involved.
  
  

Given the abilities of the participants and their (material and human) resources, the opportunity of these actions has to be considered in order to ensure an efficient integration of research activities.

2)The evaluation of existing resources of the network's participants is fundamental to determine the orientation of forthcoming research activities to be jointly carried out.

From this evaluation, the integration of research resources will be reinforced by jointly executed research activities, enabling to extend the collective skills of the network or to fill gaps in it.

This element is important for both objectives of creating a lasting integration of research and of developing excellence.

3)The spreading of excellence is also essential to achieve the goals of a network of excellence.

To ensure the lasting character of the network, a regular supply of skilled staff is needed. It is therefore essential to develop training activities for researchers and other key staff.

Furthermore, it is important to ensure a transfer of the knowledge existing within the network to external people. Dissemination actions are therefore needed. Promoting exploitation of the generated results is another mean to spread excellence.

A plan for use and dissemination of knowledge will therefore constitute a key element.

The calculation of this amount is based on four elements: (1) degree of integration proposed by the participants; (2) number of researchers to be integrated; (3) characteristics of the concerned field of research; (4) joint programme of activities.

1. A partnership can become a network of excellence insofar its planned level of integration reaches a predetermined (which will be high) threshold.
   
   The more integrated the network is, the higher will be its integrating costs. It is therefore logical to take this point into consideration to determine the grant for integration.
   
   
2. To ensure a high level of research (excellence), it is required to integrate in the network a sufficient number of skilled researchers. The amount of the grant for integration will therefore depend on both the number of researchers to be integrated and their abilities.
   
   Two types of researchers can be taken into account for the grant calculation:
   
   
   • researchers with at least four years of research experience;
     
     
   • researchers with a doctoral degree.
     
     
   The model contract published by the European Commission contains a table converting the number of "researchers" into an annual average grant for the network.
   
   Considering the importance of training within a network of excellence, a supplementary bonus scheme has been introduced for doctoral students insofar they are involved in research activities of the network and are enrolled on a recognised course of doctoral studies run by one of the participants.
   
   
3. The calculation of the grant for integration will also take into account the field of research concerned. Indeed, research costs can be slightly different from one field of research to another.
   
   
4. The calculated grant for integration can only be paid to the participants to the extent that it is lower than the costs incurred for implementing the joint programme of activities.
   
   

Annual instalments will be made, according to the progress made in the foreseen integration.

The schedule for disbursement is flexible and will be adapted to the needs of the implementation of the joint programme of activities. It will also be reduced towards the end of the project to minimise the risks of creating dependence on Community support.

At the start of the contract, the Commission will make an advance payment corresponding to 85% of the foreseen grant for the first 18-month period.

At the end of the first 12 months, a review will be organised to assess the progress of the project and the resources allocation. If the conclusions of this review are positive, the past 12 months period will be definitively cleared and a new advance for the next 18 months will be paid (85% of the foreseen grant) once the new joint programme of activities has been agreed upon.

Within the network, the sharing of the grantwill be freely made by the participants.

To enable the integration of the network to take a lasting nature, the Community will support the project for a five-year period.

If duly justified, this support period can be longer, but cannot exceed seven years.

Each year, the consortium will submit

• an activity report covering the past twelve-month period;
  
  
• an update of the joint programme of activities for the forthcoming eighteen-month period following the twelve months covered by the activity report.
  
  

An independent review of these documents and the achievement of the network's goals will be commissioned.

The evaluation will be based on a published set of criteria, including in particular the level of integration and the joint programme of activities.

Any network failing to satisfy the criterion used for this review, will be offered the choice between:

• immediate ending the contract with the Commission (with possible recovering of money);
  
  
• implementing the network for a further period of twelve months without any further advance payment from the Commission; another independent review will be commissioned at the end of said period; if this latter is positive, the contract will continue normally; if not, the Commission will immediately terminate the contract.
  
  

The aim of this review is to assess the final achievement of the network's goals.

A final report has to be drafted by participants, covering issues such as:

• an analysis of the extent, depth and potential durability of the integration carried out among the participants in the network, compared to the performance indicators foreseen at the end of the contract;
  
  
• an assessment by the consortium of the impact of the network on strengthening and spreading excellence on the topic in Europe;
  
  
• an analysis of the impact of the network on the way that research is carried out in Europe on the topic considered compared to the situation described at the time of the submission of the proposal;
  
  
• a description of the network's activities relating to dissemination, transfer and exploitation of knowledge and of their potential impact (innovation-related activities, spin-offs...);
  
  
• an assessment of the technological impact of the activities of the network (technology transfer, spin-offs...);
  
  
• an assessment of the network's actions to promote gender equality.
  
  

Participants to an action supported under FP6 have the ability to exclude a part of their pre-existing know-how (for the definition of this term, see article 2, §21 of the Regulation concerning the rules for participation in FP6) from the obligation to grant an access right to other participants.

This has to be done through a written agreement between participants before the signature of the contract with the Commission.

The implementation of this ability in a network of excellence context has to be done very carefully since the network of excellence instrument aims at ensuring a durable integration of research activities. By excluding important parts of their pre-existing know-how, participants could indicate their reluctance to an effective and durable integration of their activities in a network.

Access rights to pre-existing know-how of other participants in a specific action are granted in two circumstances:

1. if the use of a participant's own knowledge requires access to the pre-existing know-how of another participant; participants have to agree on the financial conditions for the exercise of such access rights (that, in any case, will need to be fair and non-discriminatory);
   
   
2. if the carrying out of a participant's work under an indirect action requires access to pre-existing know-how of another participant to the said action; in this case, access rights are granted on a free-of-charge basis, unless otherwise provided in the consortium agreement or in any other separate agreement concluded before signing the contract with the Community.
   
   

Since access to another participant's pre-existing know-how is very important in these circumstances, one has to consider all aspects surrounding the exercise of these access rights.

The financial regime of access rights is certainly a sensitive issue.

Another practical important issue in the context of cooperation between universities and/or research centres is the question of remaining possibilities of publication.

The publication of information relating to knowledge is ruled by the Regulation concerning the rules for participation(article 22, §3).

However, the publication of information relating to pre-existing know-how is not addressed in the Regulation. It is therefore essential to deal with this issue in the consortium agreement since it can raise problems.

A mechanism enabling other participants to object to publication should be organised (cf. knowledge regime) in the consortium agreement: deadline to object; determine reasons which could be invoked; settlement of possible disputes. This mechanism should apply also as regards publication of knowledge and it should take into account the cultural differences between universities and industry. If one of the purposes of Networks of Excellence is the exploitation of the results, this mechanism should try to make sure that the main will of universities (publication) will not end up in any early disclosure compromising patentability and, therefore, exploitation.

Researches carried out within universities participating in a network of excellence will be conducted mainly by researchers (employees), but also by students and doctoral students.

In these two latter cases, participants in a network of excellence have to check their contractual arrangements with the aforementioned people to ensure the exercise of the rights they could claim on their contribution to the network of excellence related researches will not interfere with network activities.

Usually, doctoral students keep intellectual property rights on the results of the researches leading to their thesis. It is however important to ensure that hosting universities will be able to take advantage of these researches in the context of the network of excellence in which they participate (obligation for the doctoral students to give lectures on the topic of his/her researches, obligation to publish some scientific articles, etc.). Specific contractual arrangements are therefore required.

Concerning work made by employees, it is required to assess the rights they could claim on their contribution to network related researches and, if needed, to provide for an adequate transfer of rights clause. In this case, the Consortium Agreement could include a clause on a possible compensation for the researchers.

It is also recommended to consult a specialised lawyer since some national laws contain specific provisions relating to protection of inventions developed in universities.

In some circumstances, access rights to pre-existing know-how and to knowledge owned by another participant in a specific action are granted.

Particular arrangements should be taken to ensure an exercise of access rights in a manner compatible with the way universities are working.

For universities, academics and researchers, it is crucial their name is properly mentioned when their ideas or researches are used by a third party.

The Consortium agreement should provide for specific provision detailing the manner in which participants want their work to be referred to by their partners.

It is a very important aspect of Networks of Excellence.

Maybe the consortium agreement could contemplate the possibility for universities and researchers to share the royalties obtained from the licensing of a given technology. Royalty sharing formulas could therefore be a topic for the Consortium Agreement.

Provisions regarding the possible creation of new common legal entities to exploit research results (so-called "spin-offs") and the required intellectual property rights transfer could also be interesting.

As joint research is a "must" in Networks of Excellence, provisions on how to deal with joint ownership will be very important.

As there will be a lot of exchange of researchers and common use of research structures, confidentiality agreements will be important.