24.1 Introduction
Work Package 7 of the Odyssey Project concerns dissemination, standardisation, training and exploitation of the project output. To maximise the impact of the project, it is essential to have a robust policy in place for the management of Intellectual Property Rights, alongside plans for dissemination and exploitation.
This report intends to define an IPR management policy for the Odyssey project. This includes the management of Foreground IP, Background IP, Access Rights of partners and a structure that will enable future development and implementation of the protocols, standards, systems and methods that are created within Odyssey.
The Odyssey consortium agreement contains a description (Schedule A) of the ownership and use of Background and Foreground IP being used and created within the project, this is based on the overall FP7 rules and guidelines (Schedule B). IP management is a complex and specialist area, and this is exacerbated by the nature of the IP being created within Odyssey, and the fact that there are 14 partners, each contributing IP to a varying level.
Therefore we suggest that an effective plan for IP management has to gradually “evolve” over the lifetime of the project, because IP is gradually being developed, and in the partnership, all 14 Odyssey members must have the opportunity to contribute to the plan.
24.2 Intellectual Property Rules of FP7 Projects
The output of FP7 projects is almost exclusively Intellectual Property of various types. Therefore, managing IP is regarded as highly important and all FP7 projects are subject to overall IP rules, summarized below.
Ownership of IP
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IP belongs to the Partner(s) creating it (unless there is an agreement to the contrary)
Access Rights
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Partners have access rights to Background and Foreground IP for project purposes (free of charge)
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Partners have access rights to Background and Foreground IP for "use" but only if it is needed to operate their own Foreground IP (either free or on fair and reasonable conditions)
Definition of “Use”
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"Use": "the direct or indirect utilisation in further research activities other than those covered by the project, or for developing, creating and marketing a product or process, or for creating and providing a service"
24.3 Odyssey IP Agreement
The sensitivity of IP issues lead to the development of a complex agreement within the consortium summarised below. Much of this is based on the overall FP7 provision summarised in section 2.
General Provisions
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Background IP required must be identified and listed
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Background IP not listed is specifically excluded
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No sublicensing rights
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Access Rights to Foreground/Background for project purposes and further research are granted FOC
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Access Rights for Use will be granted on “fair and reasonable conditions”
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Access Rights to any SAS Background or Foreground is at the discretion of SAS, subject to SAS’ pricing policies
Specific Provisions for Software (foreground)
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General provisions apply (above)
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Access Rights to Foreground software includes object code, API and source code if required, this to be provided, “as-is”
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Access Rights for Use include all copying and distribution rights, and where Foreground is provided, the right to “sub license” to End Users
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Where source code is provided under Access Rights the licensee has the right to adapt and modify
Comments
The issue of Access Rights to Background and Foreground IP within Odyssey has become a complex issue, due to the involvement of SAS, a proprietary systems provider. It was agreed that the involvement of SAS in the project as a partner should only be with specific provisions concerning Access Rights to any IP belonging to this company. The Odyssey partners agreed that the general provisions relating to IP should be varied, with the result that Access Rights to any Background IP belonging to SAS is entirely at the discretion of SAS.
The nature of the Foreground IP being developed is a difficult issue. At the halfway stage of the project, it seems clear that this will consist of a system design, several groups of software code, and a series of protocols and draft standards. As such, the Odyssey IP is fragmented and will eventually consist of a large number of individual items, all of which can be regarded as items of copyright. It is unlikely that any patentable IP will arise, as it will clearly be copyright material, or be possibly excluded from patentability by Article 52 (2) (d) of the European Patent Convention 1973.
24.4 Principles for an Intellectual Property Policy
As a central obligation in the project, we must create an effective policy for IPR management. Therefore we recommend that the following key principles form the central guidelines for this.
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Development of an IP Policy as a central part of the future strategy of the project.
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Publication of the IP Policy both internally and externally.
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Establishment of a single point of contact in Odyssey, to be responsible for IPR management.
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Provision of clear guidelines to Odyssey Consortium members on IP management, ownership and exploitation.
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Identification and reporting of useful and valuable IP.
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Protection of IP should be ensured via confidential handling, storage and marking of documents and files, and formal protection sought (patent applications, trademark registrations, design registrations) where appropriate.
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Encouraging all Consortium members to play an active role in the implementation of the IP policy.
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Creation of coherent portfolios of IP from the Consortium members and if appropriate the setting up of IP pools/patents to help ease exploitation.
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Establish training for Odyssey Consortium partners to raise awareness and understanding of intellectual property and knowledge transfer.
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Develop and publicise a publication/dissemination policy prompting the broad dissemination of research and development results, while accepting possible delay where the protection of intellectual property is envisaged.
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