When beneficiaries sign the Grant Agreement with the European Union they agree to provide the researcher with access rights, on a royalty-free basis, to the background and to the foreground, if that background or foreground is needed for his/her execution of the research project.
In Marie Curie actions, beneficiaries are the owners of the project’s results (unless otherwise agreed). These persons are the entities signing the Grant Agreement with the European Union and therefore entitled to the rights and obligations under this agreement. Thus, researchers do not have ownership of the project’s results, including any intellectual property rights such as a patent.
According to the model Grant Agreement foreground shall be the property of the beneficiary carrying out the work generating that foreground. Furthermore, according to the model Grant Agreement foreground means the results, including information, whether or not they can be protected, which are generated under the project. Such results include rights related to copyright; design copy rights; patent rights; plant variety rights; or similar forms of protection.
Pursuant to the Grant Agreement, beneficiaries are bound by confidentially obligations. Such obligations include, for example, the following commitments:
a) to preserve the confidentiality of any data, documents or other material that is identified as confidential in relation to the execution of the project (“confidential information”) during the project and for a period of five years after its completion or any other period thereafter as established in the Consortium Agreement;
In Marie Curie actions, beneficiaries must sign written agreements with the researchers they appoint under the project. This agreement, which must be in accordance with the provisions of the Grant Agreement, is intended to determine the conditions of implementation of the project, as well as the rights and obligations of both the researcher and the beneficiary under the project. The agreement is, therefore, a complement to the Grant Agreement and, in particular, its Annex III.
Pursuant to the Grant Agreement, beneficiaries have to make sure that researchers enjoy, on a royalty-free basis, access rights to the background and foreground in order to allow them to develop their work under the project. However, these access rights are granted on a “need” basis, which means that they must be granted only if they are necessary for researchers to be able to carry out their research under the project.
The specific model Grant Agreement applicable in Marie Curie actions establishes in its Annex II the main IPR rules applicable to beneficiaries. In particular, Part C of this annex lays down provisions on foreground and access rights, while in Part A you can find the relevant provision on confidentiality.
To qualify for an IAPP, your proposal must include one or more universities or research centres, and one or more enterprises. The industrial partners must be operating on a commercial basis. An IAPP project proposal must come from partners in at least two different EU Member States or Associate Countries. Partners from Third Countries can also join in, but only if enough EU members or associates are also represented in the partnership.
Marie Curie Industry-Academia Partnerships and Pathways help commercial and non-commercial research organisations work together. Partners include universities and companies of all shapes and sizes. Focussing on joint research projects, IAPPs aim to boost skills exchange between the commercial and non-commercial sectors.
The Ideas programme will support “frontier research” solely on the basis of scientific excellence. Research may be carried out in any area of science or technology, including engineering, socio-economic sciences and the humanities. In contrast with the Cooperation programme, there is no obligation for cross-border partnerships. Projects are implemented by “individual teams” around a “principal investigator”. The programme is implemented via the new European Research Council (ERC). It is primarily targeted at academics.