ncp academy workshop berlin, january 25th, 2017 · ncp academy workshop berlin, january 25th, 2017...
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NCP Academy WorkshopBerlin, January 25th, 2017
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Kathrin Werner, LL.M. (Lund), Legal Counsel, FraunhoferDESCA Coordinator together with Annika Thies, Helmholtz
Agenda
• Presentation of the DESCA initiative• Key features of the DESCA 2020 model CA• DESCA 2020 update 2016• Use of model agreements / key success factors in negotiations
• Statistics of DESCA 2020 model CA
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The DESCA initiative
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What is DESCA?
• Origin in FP7: DESCA as a model CA jointly developed by several organisations that formerly had their own models
• Entirely self‐financed by the organisations involved ‐> An independent initiative
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Who is DESCA?
Core Group:
Coordination:
Consultation Group: about 160 experts from industry and academia
Experienced colleagues are always welcome to participate! Please get in touch via our website.
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An impression of the organisations endorsingDESCA and which have sent us their logofor the website:
DESCA – the Consultation groupNCP
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DESCA activities
• FP7: Development of a model Consortium Agreement• Legal expertise for analysis of draft H2020 Rules for
Participation during legislative process • H2020: Preparation of DESCA 2020 model Consortium
Agreement, published in early 2014• Continuous maintenance of the DESCA 2020 model
Consortium Agreement
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Key features of the DESCA 2020 model CA
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Basic Principles of DESCA 2020
• Simplified: Reduced to the necessary minimum, limit „legalese“
• Balanced: Respects the interest of research and industry, big and small ‐ www.responsible‐partnering.org
• Single: One balanced core text where possible• Modular: Options where necessary
– alternative modules for large and small projects– optional module for projects with a software focus– optional clauses in the IPR section
• Transparent: Explanatory texts to illustrate and explain clauses and options, examples for different project types
• Continuously adapted and further developed
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Example of text with elucidationsNCP
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Contents of DESCA 2020
FINANCE•Consortium Plan•Budgeting•Payment
GOVERNANCE•Consortium Bodies•Meeting Procedures•Decision making
Intellectual Property Rights•Access Rights•Confidentiality•Dissemination
GENERAL ISSUES•Duration•Responsibilities•Liability
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Governance Structure
• TextText…
For Large Projects
Module [Gov LP]
Large projects tend to need a more complex governance structure
The DESCA Large Project module allows for a General Assembly of all project participants plus additional governing bodies (executive board)
For Small Projects
Module [Gov SP] Simple governance
structure The DESCA Small Project
module provides only for a General Assembly of all project participants
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H2020 Model GA Section 3Rights and obligations related to Background and Results
Art. 26 ‐ 31 – RESULTS26.1 Joint ownership30 Transfer of ownership , granting
licenses29 Dissemination
Art. 24, 25 and 31 – ACCESS RIGHTS24 Agreement on Background25 Access Rights to Background
25.2 For project implementation25.3 For exploitation of Results
31 Access Rights to Results31.2 For project implementation31.3 For exploitation of Results
25.4 and 31.4 Access Rights for Affiliates
DESCA 2020
SECTION 8 ‐ RESULTS8.1 Joint ownership8.2 Transfer of Results8.3 Dissemination
SECTION 9 – ACCESS RIGHTS9.1 Background included9.2 Principles 9.3 Access Rights for implementation9.4 Access Rights for Exploitation
9.5 Access Rights for Affiliated Entities
Structure of IPR sectionNCP
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DESCA Access Rights
Access rights to background
Access rights to results of the project
For carrying out the project
if a participant needs them for carrying out its own tasks in the project
Royalty-free unless otherwise agreed before accession to the
grant agreement
Royalty-free
For exploitation
if a participant needs them for exploiting its own results
Fair and reasonable conditions
Fair and reasonable conditions
in Attachment 1 (Background included)
Option 1: Fair and reasonable conditions; internal research royalty-freeOption 2: Royalty-free
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DESCA 2020 update 2016
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DESCA 2020 update: version 1.2
• DESCA 2020 version 1 finalised early 2014• Stakeholder consultation in 2015 via Consultation Group
and website to find out about need for adaptation• Input from 34 organisations• Intensive discussions in the working groups of the DESCA
Core Group • February 2016: DESCA 2020 v. 1.2 online• Table with summary of main changes and full text version
showing all changes are available on our website
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Changes in DESCA 2020 update
• Overall consent of stakeholders: the value of DESCA is that it is known and has been largely stable – so only change where neccessary
• Many very interesting suggestions and ideas – but only a few areas where there was a clear consensus by the consultation group on a better solution
• Therefore, additional or modified explanations in the “elucidations” rather than changes in the legal text
• New formatting
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Use of model agreements /key success factors in negotiations
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Advantages and risks of the use of model agreements
• Facilitation of the negotiation process, frame of reference• Focus on key issues• Efficient basis for drafting tailor‐made agreements• Reduction of time to contract• Improvement of quality of contract• Support for inexperienced researchers or organisations
without legal experts
• Not sufficient consideration of / adjustments to specifications of the projects (“tailor‐made agreements“)
Advantages
Risk
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Key success factors in negotiations
• Interest‐based negotiation
• Consideration of the specifications of the project
• Involvement of technical and legal experts
• Perception of balance
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Statistics of DESCA 2020 model CA
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Usage of DESCA 2020
• Consultation Group was asked to give input as to how often the various H2020 CA models are used
• Some replies gave very precise figures (such as „DESCA: 128, MCARD: 16; EUCAR: 8; IMG4: 2”), some gave estimates (e.g., DESCA 55 %/ 93 %..)
• No valid data base, but a rough impression:
DESCA is being used in at least 80 % of H2020 projects
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Thank you very much for your attention –Questions are welcome!
You are also welcome to ask questions viawww.DESCA‐2020.eu
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