Intellectual property and technology transfer

The protection of intellectual assets is essential to the competitiveness of most organisations, private or public, and to their attractiveness for investors.

Hence, there is a need to properly balance intellectual property systems, to ensure that they offer suitable incentives to invest in research and innovation, while at the same time ensuring that the diffusion and further development of research results are not stifled.

However, in the European research policy perspective, the proper management of knowledge (such as R&D results) and intellectual property also raises further issues.

On the one hand, there is scope to make European intellectual property systems more responsive to the rapid evolution of both research processes and emerging technological areas. This calls for a number of R&D-related IPR questions to be tackled (e.g. the research exemption). In addition, special emphasis needs to be placed on specific issues relevant for R&D collaborations and technology transfer between public research organisations and industry, as “university-industry relations” are an increasingly important way of enhancing the impact of scientific achievements on European competitiveness.

On the other hand, actions are needed to promote the optimal use of intellectual property rights systems in Europe, by suitable awareness and training actions, with a special emphasis on academic institutions and small businesses.

Accordingly, this website addresses the following topics:

• European patent systems
• Specific R&D- related IPR issues
• Technology transfer and university-industry relations
• IPR awareness, training and assistance
• European Commission
• Useful links
• Archived items

European patent systems

There are currently several patenting systems in Europe: national patent systems and the European patent system.

The European patent system is not based on an EU legal instrument. Nevertheless, this very successful system, managed by the European Patent Office, makes it possible to file a single patent application, which will be examined centrally and hopefully lead to the grant of a European patent. After its grant, however, this patent is equivalent to a bundle of nationally-enforceable patents, which are subject to national legislation and national courts. For the time being (Jan. 2006), European patents can designate up to 32 countries (the contracting States) of the European Patent Organisation, which controls the European Patent Office), and be extended in up to 5 additional ones.

Despite the success of the European patent, the adoption of the Community patent – for which the Commission has adopted a Regulation proposal in 2000 -- could go a long way to resolve drawbacks such as a high cost (partly linked to translation requirements defined by contracting States) and legal certainty issues (linked to the absence of a central court system).

Meanwhile, it is desirable to improve the existing patenting systems. In particular, a streamlining of the post-grant translation requirements for European patents (through the London Agreement) would reduce their cost, and the setting up of a central court (through the European Patent Litigation Agreement) would address issues related to legal certainty, even if these agreements are ratified by some EPO contracting States only.

The strategy of the European Commission regarding these issues is set forth in its recent Communication "Enhancing the patent system in Europe" (COM(2007)165) [ - 246Kb].

 

 

Specific R&D-related IPR issues

More specialised IPR issues have been addressed through different studies, workshops and expert groups, whose findings are summarised in the following reports:

• Monitoring and analysis of technology transfer and intellectual property regimes and their use (2009) [ - 4 MB]
• Report of 2009 expert group on knowledge transfer [ - 2.17 MB]
• UNICO's report on KT Metrics [ - 436Kb]
• Expert group report - Strategic Use of Intellectual Property Rights Systems in Information and Communications Technologies-based Research (2003) [ - 3,31Mb]
• Expert group report - Role and Strategic Use of IPR in International Research Collaborations (2002) [ - 396Kb]
• Study report on the value of patents (2005) [ - 1,34Mb] - (executive summary) [ - 20,1Kb]
• "PatVal" study on the value of European patents (2005): final report [ - 292Kb]; Annex I [ - 259Kb]; Annex II [ - 713Kb]
• Grace period:
• European Commission workshop report: “Towards a common view on the features of grace period” (2003) [ - 28Kb]
• European Commission report: “Assessment of the implications for basic genetic engineering research of failure to publish, or late publication of, papers on subjects which could be patentable” (COM(2002)2)
• Reports commissioned by the EPO on the grace period issue (2000)
• Research use of patented knowledge: a review (OECD, 2006) [ - 571Kb]
• Open Access – Opportunities and challenges, Handbook [ - 3.20Mb]

Technology transfer and university-industry relations

• European Commission expert group report on Metrics for Knowledge Transfer from Public Research Organisations in Europe (2009) [ - 904Kb]
• Presentations from University-Business Cooperation Forum thematic forum on knowledge transfer held 7 November 2008 in Brussels
  • Presentation of CERT-TTT-M [ - 606Kb]
  • IPR Strategy Initiative in Finland [ - 1.20Mb]
  • Finland's National Innovation Strategy [ - 259Kb]
  • University - Business Cooperation: Thematic Forum on Knowledge Transfer [ - 3.05Mb]
  • Developing the Knowledge Sharing Framework in the ERA [ - 708Kb]
  • Knowledge Transfer Policy in the Netherlands [ - 258Kb]
  • Responsible Partnering - Joining forces in a world of open innovation [ - 3.07Mb]
• Commission Recommendation on the management of intellectual property in knowledge transfer activities and Code of Practice for universities and other public research organisations, adopted on 10 April 2008 ([ - 68Kb]; [ - 74Kb]; [ - 73Kb]); Brochure version [ - 1.76Mb]
• Related Council Resolution (30.5.2008) [ - 47Kb]
• Commission Communication adopted on 4 April 2007 : "Improving knowledge transfer between research institutions and industry across Europe: embracing open innovation - Implementing the Lisbon agenda" - COM(2007)182 - ([ - 192Kb] - [ - 204Kb] - [ - 198Kb]) Brochure version  [ - 3.48 Mb]
• Accompanying Commission staff working document : "Voluntary guidelines for universities and other research institutions to improve their links with industry across Europe" - SEC(2007)449 - [ - 194Kb]
• CREST IPR (2006): CREST Cross-border Collaboration Decision Guide; Printed version [ - 1.64Mb]
• Public consultation on knowledge transfer (university-industry relations) -- Draft report [ - 145Kb]
• "Technology Transfer Accelerator" study, carried out by the European Investment Fund (Final report: [ - 6,31 Mb]; Executive summary: [ - 157 Kb])

• Expert group report: “Management of intellectual property in publicly-funded research organisations” (2004) [ - 1,49Mb]
• The “Responsible Partnering” initiative was launched by 4 European associations (ProTon, EUA, EIRMA, EARTO), with Commission support, in order to facilitate university-industry relations (R&D collaborations and knowledge transfer). The first outcome of this initiative is a “Responsible Partnering Handbook” [ - 3.07Mb] [ - 4.39Mb] [ - 3.88Mb] published in 2005.
• OECD report: "Turning Science into Business: Patenting and Licensing at Public Research Organisations" (2003)
• WIPO paper on IPR issues in university-industry relations (2002) [ - 141Kb]
• WIPO paper: "Creating and Embedding an IPR Policy in an Educational or publicly funded research and development institution" [ - 135Kb]
• WIPO paper: "Guidelines on Developing Intellectual Property Policy for Universities and R&D Organizations" [ - 394Kb]
• EURAB report on "Research management in the European Research Area – Education, communication and exploitation" (2007) [ - 180Kb]

 

 

 

IPR awareness, training and assistance

In Europe, protection of intellectual property is not only hampered by the fragmentation and associated costs of the available IPR systems, but also by a lack of awareness.

The Commission will therefore reinforce the already existing support and information services (such as the IPR Helpdesk).

In addition to the existing national activities in this area, the European Patent Office recently launched a “European Patent Academy”

Together with DG Research, the EPO also produced a brochure [ - 529Kb] explaining (without any legal jargon) why researchers should care about patents.

 

 

European Commission

• Internal Market DG – Protection of rights
• Enterprise DG
• EC Framework Programmes for research and technological development CORDIS (Community Research & Development Information Service)

 

European

• The “Responsible Partnering” initiative.
• IPR Helpdesk
• European Patent Office (EPO) - EPO Studies

 

International

• World Intellectual Property Organization (WIPO)
• World Trade Organization (WTO) IPR page (TRIPS agreement, etc.)
• OECD IPR materials
• OECD principles and guidelines for access to research data from public funding[ - 1.27Mb]
• Public health, innovation and intellectual property (World Health Organisation)
  

 

Useful links

• Statistics:
  • Statistics on European patents
  • EPO facts and figures (2007) [ - 959Kb]
  • WIPO patent report (2008)
  • Trilateral statistical reports (EP/US/JP)
  • Eurostat statistics on patents
  • OECD compendium of patent statistics (2007) [ - 666Kb]
  • OECD Science, Technology and Industry Scoreboard (2007)
  • Key Figures
  • PROTON Europe Annul KTO Survey Report 2005
  • ASTP Survey 2007[ -153Kb]

 

 

Archived items