Intellectual Property Policy

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Objective

The objective of the intellectual property policy of the ENIAC JU is to promote the creation of knowledge and its exploitation, to achieve fair allocation of rights, to reward innovation, and to achieve broad participation of private and public entities in projects.


Policy Definition

1.  The ENIAC JU Statutes

The intellectual property policy of the ENIAC JU is laid down in Article 23 of the Statutes[1] defining the principles that shall govern the intellectual property arrangements in projects.

Article 23.3.5 of the Statutes stipulate that the "Project participants in the same project shall conclude among themselves a project agreement that shall lay down the intellectual property arrangements in compliance with this Article.”

As per Statutes, the ENIAC JU shall not retain any information or IPR created in projects.

2.  The Joint Undertaking Grant Agreement

The statutory provisions are included in the ENIAC Joint Undertaking Grant Agreement (JUGA) signed between the ENIAC JU and each project consortium.

The JUGA is also stating that "4. The beneficiaries are deemed to have concluded a Project Agreement regarding the internal organization of the consortium.”


Additional Resources

1.  The European Commission

The ENIAC JU rules governing the protection, use and the dissemination of research results are based on Regulation (EC) No 1906/2006, although not all Framework Programme 7 policies defined in this document are transferred identically into the ENIAC JU due to its specificities. Nonetheless, the European Commission support is useful in clarifying the definitions, the context and the principles:

Ø  Guide to Intellectual Property Rules for FP7 projects

ftp://ftp.cordis.europa.eu/pub/fp7/docs/ipr_en.pdf

Ø  IPR Help desk of the European Commission

https://www.iprhelpdesk.eu/


2.  AENEAS

AENEAS, the Association for European Nanoelectronics Activities, created a template "for partners involved in ENIAC JU projects that should be used as a guide and can be adapted according to the specific needs of the consortium. However, should any modifications be undertaken, they must be in alignment with the Council Regulation related to the ENIAC JU and to the grant agreement.”

Ø  PROJECT CONSORTIUM AGREEMENT TEMPLATE

http://www.aeneas-office.eu/web/documents/aeneas_documents.php

 
 
Brussels, 11 February 2013


[1] COUNCIL REGULATION (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking, OJ L 30/21, 4/2/2008 (The "ENIAC JU Regulation”).