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CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION

Explore French public authorities' role in fostering innovation, research, and technology collaboration. Learn about legal frameworks, IP charters, and financial measures supporting public-private cooperation.

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CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION

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  1. CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION WIPO Geneva - April 25/26, 2005 Alain GALLOCHAT, French Research Ministry

  2. THE ROLE OF PUBLIC AUTHORITIES: THE FRENCH APPROACH FOR PUBLIC RESEARCH (1) • To create a legal environment • To adopt new rules when necessary • To assist the researchers • To explain and explain again

  3. THE ROLE OF PUBLIC AUTHORITIES: THE FRENCH APPROACH FOR PUBLIC RESEARCH (2) • The law on innovation and research (July 12, 1999) • The recommendations for the adoption of an Intellectual Property Charter (June 2001) • The plan in favour of innovation (April 2003)

  4. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (1) • Researchers mobility • Cooperation between public research and private sector • Fiscal framework for innovative companies • Legal framework for innovative companies

  5. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (2) • Researchers mobility : • creating (Art. 25.1) • consulting (Art. 25.2) • managing (Art.25.3)

  6. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (3) • Cooperation between public research and private sector • Incubators • SAICs

  7. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (4) • Fiscal framework for innovative companies • Legal framework for innovative companies

  8. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (1) • Protecting the results is of paramount importance • Specific IP policy • Ownership / co-ownership • Cautions & recommendations in case of a partnership • Organisation of IP services

  9. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (2) • LEGAL ISSUES / RIGHT TO TITLE • Art. L. 611-6 CPI : « The right to the industrial property title referred to…shall belong to the inventor or his successor in right » • Art. L. 611-7 CPI : Employee’s inventions * mission inventions * not mission inventions, but… * other cases

  10. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (3) • LEGAL ISSUES / CO-OWNERSHIP • LEGAL SYSTEM : Art. L. 613-29 CPI • CONTRACTUAL SYSTEM

  11. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (4) • LEGAL ISSUES / FINANCIAL MEASURES • Art. L. 611-7 : private sector • Art. L. 611-7.5 : public sector * October 1996 Decrees : 25% * February 2001 Decrees : 50% up to 65 000 € / year, and then 25%

  12. PLAN FOR INNOVATION / DECEMBER 2002 PRESENTATION • Joint presentation of a draft by the ministers in charge of Industry and Research • Public consultation

  13. PLAN FOR INNOVATION / FINAL TEXT • Adoption of the plan and presentation by both ministers early April 2003 • Preparation of the necessary Decrees

  14. PLAN FOR INNOVATION / MEASURES CONCERNING IP • Financial incentive for increasing the number of filings of patent applications • National campaign for sensitizing the researchers in the field of patents

  15. PLAN FOR INNOVATION/NATIONAL CAMPAIGN • Time schedule • Targets • Content

  16. CONCLUSION • A wishful policy • The legal problem(s) • The cultural issue

  17. I THANK YOU FOR YOUR ATTENTION alain.gallochat@recherche.gouv.fr

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