Contracts, IP and Open ScienceGet ready for your new career! Horizon 2020

for new NCPs

28-29 November 2017, Helsinki

Liisa Ewart

Legal & Financial NCP, Finland

Senior Legal Counsel, Tekes

Liisa Ewart

– H2020 Legal & Financial NCP

– Senior Legal Counsel, Tekes

– Tel. +35850 5577 738

– liisa.ewart@tekes.fi

After an hour you should understand…

• Basics of the legal environment

• The role of the agreements and contracts

• The overall picture of the MGA Chapter 4, Section 3: RIGHTS AND OBLIGATIONS RELATED TO

BACKGROUND AND RESULTS

• The concept of Open Science

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Rules for Participation – RfP (2013 L 347)

Council decision establishing a specific programme for implementing Horizon 2020

Reg (EU) No 1291/2013 establishing Horizon 2020

Model Grant Agreement

Work Programmes

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Participant Portal -> How to participate -> Reference Documents

The compatibility of rules and regulations is guaranteed

Question:

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Who are the parties to the Grant Agreement?

Parties to the Grant Agreement Eu

rop

ean

Un

ion • Commission

• Euratom

• REAB

enef

icia

ries • Coordinator

• Other Beneficiaries

Thir

d P

arti

es • Linked Third Parties

• Subcontractors

• Contractors

• Others NOT signed the GA

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Consortium

Consortium needs a consortium agreement

• Tips!

• https://www.iprhelpdesk.eu/kb/3261-are-there-any-models-consortium-agreements

• Coordinator does the drafting and disseminates for comments

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Question:

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What other contracts might be good to have?

(before, during of after the action)

Examples of other contracts :

• LoI or MoU (letter of intent or memorandum of understanding)

• Confidentiality

• Knowledge or technology transfer related

• Material transfer related

• Background and software

• Cost allocation for purchased services to the project preparation

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IPBack-

groundResults

Dissemi-nation

Access Rights

Background and Results

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Background• Held

• Needed

Results• Ownership

• Joint Ownership• Access Rights

ProtectionExploitation

Dissemination

Question:

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Do you know the difference between IP and IPR?

Managing intellectual property

• Tips!• https://www.iprhelpdesk.eu/library/fact-sheets

• Click Horizon 2020

• IP Management in Horizon 2020: Proposal stage

• How to manage IP in Horizon 2020: grant preparation stage

• IP management in Horizon 2020: project implementation and conclusion

• +++more

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Exploitation = scientific & commercial

Dissemination = openness

Protection = “creating IPR”

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Citizens science Open Code

PreprintOpen Access

Open annotations

Alternative reputation system

Scientific blogs

Open workflowsOpen data

Collaborative bibliography

Open workflowsData intensive

PVM ©

Open Science leads to better science:• Credibility• Reliability• Efficiency• More responsive to societal

challenge

• Open access to scientific publications

• Open access to research data

• Data management plan (DMP)

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Opt out

Open ResearchData Pilot

Default

H2020 Work Package 2018-2020 General AnnexesL. Conditions related to open access to research data, page 37.

• SME Scooter Ltd is participating in an Innovation Action (IA) in the H2020 programme. A general meeting will be held in Lisbon, but the date of the meeting is not suitable for the representative of Scooter Ltd. However, they have the meeting agenda. The CEO of Scooter, Ms. X, contacts the coordinator well in advance before the meeting and explains to the coordinator her opinion and hopes concerning the agenda points.

• The general assembly begins. The agenda is accepted with one amendment that is a suggestion for a change to the action plan and exactly to the work package in which Scooter is participating. The meeting decides anonymously to amend the agenda as suggested.

• The general assembly decides anonymously that the WP, including the task of Scooter Ltd, will be squeezed to half as well as the allocations of each participant respectively. The coordinator states that the matters of another WP are more important for the project goals and that the resources are needed to that other WP.

• As agreed in the consortium agreement, after 7 days the CEO of Scooter Ltd receives an email including the minutes of the meeting and all the decisions. The CEO of Scooter calls in agitation to the coordinator and requires explanation why he did not stand for the interests of Scooter at the meeting.

• Please analyze the situation:

– What would the coordinator say and why?

– What can the CEO of Scooter do?

– What would you, as an NCP, recommend to the nervous CEO?

02-2014 DM

• SME Scooter Ltd is participating in an IA-action in H2020 programme. A general meeting will be in Lisbon, but the date of the meeting is not suitable for the representative of the Scooter Ltd. However, they have the meeting agenda. The owner of Scooter contacts the coordinator well in advance before the meeting and explains to her their opinion and hopes concerning the agenda points.

• The general assembly begins. The agenda is accepted with one amendment that is a suggestion for a change to the action plan and exactly to the work package in which Scooter is participating. The meeting decides anonymously to amend the agenda as suggested.

• The general assembly decides anonymously that the WP, including the task of Scooter Ltd, will be squeezed to its half and the allocations of each participant responsively. The coordinator states that the matters of another WP are more important for the project goals and that the resources are needed to that another WP.

• After 7 days as agreed in the consortium agreement the owner of the Scooter Ltd receives an email including the minutes of the meeting and all the decisions. The CEO of the Scooter calls in agitation to the coordinator and requires explanation why she didn’t stand for the interests of Scooter at the meeting.

Please analyze the situation:- What the coordinator would say and why?- What the CEO of Scooter can do?- How would you as an NCP recommend to the nervous CEO?

02-2014 DM