What will be the IPR situation for a company participating in Horizon 2020?
The general rules concerning intellectual property rights proposed in Horizon 2020 can be found in the Rules for Participation. They would apply to all parts (specific programmes) of Horizon 2020. A company participating in Horizon 2020 and concluding an agreement with a funding organisation or the Commission, for example signing a grant agreement with the Commission, would have to comply with these rules.
Specific additional rules concerning intellectual property rights may also be laid down in the grant agreement in the case of particular projects: for example in areas related to security, infrastructures, ERC, training and mobility, coordination and support, SMEs and EIT. There are no templates of grant agreements available for Horizon 2020 since the legislative procedure is still not finalised: the Horizon 2020 framework programme has not been adopted (at January 2013).
In Horizon 2020 are there guidelines that recommend how IPR should be handled within a consortium?
Up to January 2013, the European Commission had not published guidelines on intellectual property rights in Horizon 2020. The only guidelines currently available concern FP7 projects: Guide to Intellectual property Rules in FP7 (ftp://ftp.cordis.europa.eu/pub/fp7/docs/ipr_en.pdf).
Are there any changes proposed between FP7 and Horizon 2020?
The European Commission has proposed the legal basis for Horizon 2020, which includes the rules on intellectual property rights. As in the Seventh Framework Programme (FP7), in Horizon 2020, these rules are included in the Rules for Participation.
While the Horizon 2020 framework is still under negotiation, the text of the Rules for Participation are not in force and may change until final agreement by the Council and the European Parliament is reached.
The proposed rules on intellectual property rights in Horizon 2020 are based on the FP7 rules, with some further improvements and clarifications. There are however a few differences, such as:
• Open access to research publications has more emphasis (information on open access in the framework of FP7 is available in the following URL: http://ec.europa.eu/research/science-society/document_library/pdf_06/open-access-pilot_en.pdf);
• Open access to other results (e.g. research data) may be established in specific grant agreements;
• Access rights for the European Union, and in the field of security research also for Member States, have been foreseen.
• Some definitions (e.g. definition of background) have been slightly changed.
What is new about Horizon 2020?
Horizon 2020 has a number of new features that make it fit for purpose to promote growth and tackle societal challenges. These include:
- Major simplification through a simpler programme architecture, a single set of rules, an easier-to-use cost reimbursement model, a single point of access for participants, less paperwork in preparing proposals, fewer controls and audits, with the overall aim to reduce the average time to grant;
- An inclusive approach open to new participants, including those with ideas outside of the mainstream, ensuring that excellent researchers and innovators from across Europe and beyond can and do participate;
- The integration of research and innovation by providing seamless and coherent funding from idea to market;
- More support for innovation and activities close to the market, leading to a direct economic stimulus;
- A strong focus on creating business opportunities out of our response to the major concerns common to people in Europe and beyond, i.e. ‘societal challenges’;
- More possibilities for new entrants and young, promising scientists to put forward their ideas and obtain funding.
