IP Policy and Knowledge Transfer Policy for TT Network

1. WP1: IP charterGeneva – 23rd June 2009 Contribution from CERN

2. Background and rational • Objective • Develop an IP document • To be endorsed by the Management of the TT Network Nodes • To be communicated to staff of institutions • Rational • According to the guidelines provided by the Commission of the European Communities C(2008) 1329 (COMMISSION RECOMMENDATION on the management of intellectual property in knowledge transfer activities and Code of Practice for universities and other public research organisations) • Minimal set of key principles laying out the basis for an IP policy that should be acceptable by all nodes • Should constitute the basis (foundation) for the TT Network operation • A code of practice based on the experience acquired with WP4 could be develop in a later stage if needed and if funding allows.

3. IP policy • General principle • Fundamental research activities shall be performed in an open and collaborative environment. The experimental and theoretical work thereof shall be published or otherwise made generally available and disseminated. • Ownership of research results • The ownership of research results generated during the execution of the scientific programme shall be vested in the Organization. Where this is not automatic with national laws, the Organization shall endeavour to make the necessary arrangements to meet the general principle. • Access to research results • In order to enhance the impact of particle, astro-particle and nuclear physics on society, appropriate measures shall be taken to facilitate access of technological developments and expertise to industry and to other research disciplines. These measures shall not impair the use of these developments for research purposes nor for further research. • Consistency • Facilitating access measures shall remain consistent and whenever possible comply with standard protection practices within each technology domain.

4. IP Policy (2) • Responsibility for facilitating measures • The Organization shall be responsible for the facilitating access measures and for the related costs incurred. • Communication • Research and development results shall be widely communicated through open access publication, while accepting possible delay where the protection of intellectual property is envisaged, although this should be kept to a minimum. • Recognition • Research and development activities approved by the Organization involving industry and/or institutions active in other disciplines shall be fully integrated in the scientific programme of the Organization.

5. Knowledge transfer policy • Scientific and technical staff is encouraged to consider the potential impact of its research and development activities and to disclose its findings to the Organization prior to the publication of the results. • Access to professional knowledge transfer experts • The Organization shall provide access to professional technology and knowledge transfer services including legal, financial and commercial as well as intellectual property advisors to assist scientific and technical staff in the transfer of their results and ensure compliance with the applications policies. • Exploitation • In order to promote the use of publicly funded research results and maximize their socio-economic impact, the Organization shall consider all types of possible exploitation mechanisms (such as licensing or spin-off creation) and all possible exploitation partners (such as spin-offs or existing companies, other public research organisations, investors, or innovation services or agencies). • The Organization shall strive to select the most appropriate exploitation mechanisms, harmonize practices within the Organization and ensure fairness in deals.

6. Knowledge transfer policy (2) • Revenues • Revenues generated by technology and knowledge transfer activities shall be used to compensate costs incurred by the Organization. • Incentives • In order to stimulate further transfer opportunities, the Organization shall ensure fair financial returns from the revenues generated from technology and knowledge transfer activities between the Organization, the department and the inventor’s team. Recognition of staff contributions shall be handled according to the merit appraisal and recognition scheme in place. • Monitoring and reporting • The intellectual property protection and technology and knowledge transfer activities and related achievements shall be monitored and publicized regularly. • The research results, any related expertise and intellectual property rights should be made more visible to industry and to other research domains in order to promote their exploitation.

7. Collaborative and contract research • The rules governing collaborative and contract research activities should be compatible with the mission of each party. • They should take into account the different funding and be in accordance with the objectives of the research activities, in particular maintain an intellectual property position that allows further academic and collaborative research and avoid impeding the dissemination of the R&D results. • Intellectual Property issues • IP-related issues should be clarified at management level and as early as possible in the research project, ideally before it starts. IP-related issues include: • The allocation of the ownership of intellectual property which is generated in the framework of the project (foreground), • The identification of the intellectual property which is possessed by the parties before starting the project (background) and which is necessary for the project execution or exploitation purposes, • Access rights to foreground for these purposes and • Sharing of the revenue • In a collaborative research project, ownership of the foreground should stay with the party that has generated it unless specific contractual agreement has been concluded in advance. • Whenever necessary for the purpose of conducting the research project, or for the exploitation of the foreground of a party, access rights to other parties’ foreground and background should be available, under conditions which should adequately reflect the parties’ respective interests, tasks, and financial and other contributions to the project.