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IPR-Helpdesk Bulletin
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  N. 32, March - April 2007 
IP & RTD: Articles 

FP7 Consortium Agreement Models
Lotte Jaspers
Yellow Research1

 



At the start of FP7, participants will be presented with several models for consortium agreements (CA). The models are all based on FP6 predecessors2. Different sector interest groups of industry, academia and research organisations have developed several models:

- IPCA by ICT and Telecom industries;

- DESCA by academia, research organisations and interest groups of industry.

It is expected that two more models will be developed:

- EU-Car by the automotive industries

- IMG by the aerospace industries




IPCA

The IPCA model3 is developed by the European Information & Communications Technology Industry Association (EICTA). This group, representing digital technology industries, has a longstanding tradition of developing sector-specific consortium agreement models. The procedure for the development of their consortium agreement is well organised and strict because all members of EICTA must feel comfortable using the end result for their own participation in FP7 consortia. For FP7, EICTA has made use of the IPCA model developed for FP6, making sure that the FP6 model fitted the objectives and legalities of FP7. Some serious redesigning has been undertaken:

  • Rights for affiliates;

  • Joint ownership rights;

  • Open access structure for Foreground;

  • Clauses for using open source software;

  • The integrated programme structure with more or less independent subprojects has been abandoned to accommodate expected mainstream projects in FP7 with a smaller number of partners.


DESCA4

For the development of the DESCA model an ad-hoc collaboration was formed between the ‘owners’ of several FP6 consortium agreements5. The DESCA core group consists of members of ANRT, Helmholz and Unite and several sector interest groups like EARTO and KOWI. The members of DESCA are either research organisations (majority) or universities. The broader consultation group installed also included members of EICTA, EU-car, and individual organisations.

The initiators of DESCA aimed for the DEvelopment of a Simple Consortium Agreement.

In their aim to develop a truly simple consortium agreement, it was decided to base DESCA upon the FP6 Networks of Excellence (‘NoE’) CA. This consortium agreement has been made in collaboration with some or all of the DESCA initiators and was the last consortium agreement developed in FP6 and as such it represented the collective professional knowledge of FP6 consortium agreement development.


EUCAR

EUCAR, representatives of the major European vehicles manufactures have said they will present their own model in FP7 just as they did in the previous framework programme6.


IMG

The IMG consortium agreement is a model developed to address the needs of the aerospace industrial sector. The FP6 model was based on the FP6 ANRT model and some initial drafts have been circulated. It seems that this consortium agreement is a direct update of their FP6 model.


Conclusion

At present, these are the only four consortium agreements that we know of, but we do not doubt that there will be other consortium agreements developed by other sector interest groups addressing their particular interests.

IPCA and DESCA represent different and sometimes opposing views with regard to EU collaboration projects. The difference between IPCA and DESCA can be captured in terms like ‘open innovation’ and ‘value model’. In future issues, we will publish some thoughts with regard to the difference in approach and how this can work well for your consortium as well as comparisons of the major differences in the IPR, Governance, Liability and Project Finances of IPCA and DESCA.

Relationship of FP7 CAs to FP6 CAs and the owners of the different models:







1. The author acknowledges the contribution of Jet van Dijk and Margot Spaargaren of Yellow Research(«)


2. Lotte Jaspers, Richard Tomlin and Mette Skraastad, IPR Helpdesk, number 24, November-December 2005(«)


3. http://www.eicta.org/index.php?id=32&id_article=93(«)


4. http://www.desca-fp7.eu/DESCA/descahome.htm(«)


5. www.ipr-helpdesk.org(«)


6. http://www.eucar.be/start.html(«)