Information on the European Union’s Seventh Framework Programme

Information for Researchers Seeking NSERC Support for Participation in the EU Seventh Framework Programme

Canadian researchers who are considering entering into a research collaboration with European researchers through the European Union’s Seventh Framework Programme (FP7) should be aware of specific procedures and guidelines that must be taken into account before entering into any collaboration or agreement with NSERC support.

Specifically, the provisions for intellectual property rights (IPR) in such research collaborations are governed by the following:

• NSERC Policy on Intellectual Property
• 1995 Canada-EU S&T Cooperation Agreement
• EU FP7 Model Contract

NSERC Policy on Intellectual Property

This policy, though not specific to international research collaboration, has elements that take on special importance where NSERC support is sought for participation in an international research effort. These include the benefit to Canada clause and the requirement that a suitable research agreement be negotiated. NSERC generally requires that a copy of a signed research agreement between the parties be submitted before grant funds are released.

1995 Canada-EU S&T Cooperation Agreement

Canadian participation in FP7 takes place under the 1995 Canada-EU S&T Cooperation Agreement, which mentions IPR in Articles 2, 3 and 9, as well as in the Agreement Annex. Essentially, these references instruct cooperating researchers to draw up a Joint Technology Management Plan (JTMP), more commonly referred to now as a Consortium Agreement (CA), to outline the principles for IPR ownership and use. The Annex further stipulates that the CA must contain dispute settlement procedures, and states that if disputes are not resolvable, the unallocated (i.e., disputed) IPR will be jointly owned by all of the participants. The CA cannot infringe on the general IPR clauses of the FP7 Model Contract (see below), but can expand upon them, and it should be used by Canadians to re-negotiate any standard CA clause that may require all participants to give a free non-royalty-bearing licence to each other. IPR are understood to cover “knowledge” and not strictly that which is patented or patentable under industrial property law. Knowledge can include, for example, trade secrets and confidential information. Protection and access rights should also be negotiated with respect to pre-existing know-how or background IP, as well as foreground IP. Provisions for the commercial exploitation of shared knowledge or IP should address compensation for the Canadian participants who are self-funded. The European participants, as a condition of EU FP7 funding, are required to share their IP with each other via a free non-royalty-bearing licence.

 FP7 Model Contract

The European Commission states that all members of an FP7 research consortium, including third country nationals such as Canadians, must sign the FP7 Model Contract.

Note: The jurisdiction of the Model Contract is the law of Belgium/Luxembourg.

Contact Information:

Jean-Pierre Rodrigue
Senior Policy Advisor
Policy and International Relations
NSERC
Tel.: 613-996-9260
E-mail: Jean-Pierre Rodrigue