European Seminar 15th - 16th November 2012, Berlin With Experts from: • DG Research & Innovation, European Commission Brochure How to Design R&D Contracts in Practice • Delft University of Technology, the Netherlands • Max-Planck-Innovation, Germany • University of Exeter, United Kingdom • Leiden University, the Netherlands 1 EUROPEAN SEMINAR How to Design R&D Contracts in Practice Secure the success of your R&D project through a safe and sound contract design! R&D projects and cooperation whether with or without European or national funding need a safe and sound legal contract design. In most cases, the legal framework decides about the success of a project and lays the groundwork for a smooth pursuit of research activities. The exchange of knowledge is another central factor for success. Most R&D projects are so complex that external know-how is needed to complete the research. Technology transfer broadens the horizon of a project. However, the contracts for those cooperation and R&D activities need to be safe and require clear strategies. Proper contract design can avoid financial risk or loss of intellectual property, protect research results, preserve their economic value and avoid unnecessary disputes. “Informative and useful for better understanding EU R&D projects” Anton Ussi, Business Development Manager, Technology Transfer Office, VU University Medical Centre, the Netherlands Who is this seminar for? This European Seminar is especially designed for Directors, Heads of Departments or Units, Managers, Lawyers and other members of staff involved and working in scientific research, with R&D projects and dealing with cooperation and intellectual property, wanting to acquire in-depth knowledge of R&D contracts and the surrounding IPR issues, from departments such as: • Business Development Departments • R&D Departments/IP Departments • Technology Transfer Departments • Programme and Project Management Departments • Research Services • Legal Services • Patents and Licensing Departments • Finance & Business Development • International Projects Management Departments from • Universities • Research and technology institutes, centres and clusters • National and regional ministries and agencies responsible for Research & Development • Intellectual Property and Patent Agencies, Business Development Agencies • Industry and private companies, Spin-off companies • Associations and Foundations. This seminar may also be interesting for lawyers and consultants specialising in intellectual property, license agreements and R&D cooperation. 2 What will you learn at this seminar? • How to handle R&D contract aspects such as ancillary agreements, access rights, confidentiality, ownership or licensing. • How can a sample agreement help you with your R&D project? • How to structure licensing and technology transfer deals. • How can you negotiate contracts in a way that later disputes can be avoided? • What is the impact of EU funding through the European Commission on R&D consortium agreements? • What is the industrial point of view when having R&D cooperation? • How to deal with Intellectual Property Rights (IPR)? • How does competition law influence the success of R&D projects? • What are the current developments and future trends at EU level? Your benefits • Secure your research by means of a safe and sound contract for your activity • Avoid compromising your entire project • Learn how to negotiate contracts and which issues you have to pay particular attention to • Gain insights into how to avoid and solve disputes • Understand how to make the most out of licensing contracts and technology transfer • Profit from practical workshop sessions • Receive an insight on the draft Horizon 2020 Rules for Participation “Useful insights, tips & tricks” Stephan Adriaenssens, Chief Financial Officer, Management Department, Traficon International N.V., Belgium 3 PROGRAMME DAY 1 How to Design R&D Contracts in Practice 8.30-9.00 Registration and Handout of Seminar Material CHRISTINE HAZELL 9.00-9.05 Opening Remarks from the European Academy for Taxes, Economics & Law 9.05-9.30 Welcome Note from the Chair and Round of Introductions Christine Hazell, Academic Contracts Manager, University of Exeter, United Kingdom 9.30-10.15 Research and Development Contracts (Part 1) •What is an R&D-contract and when should you use one? •The essential terms of a research contract •Issues involving liability Christine Hazell, Academic Contracts Manager, University of Exeter, United Kingdom 10.15-10.30 Discussion Round 10.30-11.00 Coffee Break and Networking Opportunity 11.00-11.45 Research and Development Contracts (Part 2) •Intellectual Property Rights (IPR) and commercialisation •Academic freedom and publication rights •The project annex •Key issues for research contracts with international partners Christine Hazell, Academic Contracts Manager, University of Exeter, United Kingdom 11.45-12.00 Discussion Round 12.00-12.45 Research and Development Contracts •What does each party want to achieve in the contract? •Contract negotiation advice •Case review in groups •Open questions & answers Christine Hazell, Academic Contracts Manager, University of Exeter, United Kingdom 12.45-13.15 Reporting and Discussion Round 13.15-14.30 Lunch Break and Networking Opportunity 4 Int Wo eract iv r Se ksho e ss ion p Academic Contracts Manager, Legal and Insurances Services, University of Exeter, United Kingdom Christine Hazell LLB (Hons) created and leads the Academic Contracts Team at the University of Exeter, UK. This team is responsible for all research and educational contracts entered into by the University of Exeter and deal with on average of 1500 matters a year with a research income total of £60million. Prior to joining the University of Exeter Christine Hazell held management roles in a large UK based internet and communications company and an international retail group. 14.30-15.15 EU Funding through the European Commission and its Impact on R&D Consortium Agreements (Part 1) •Introduction to the European Funding System, European contracts and in particular FP7 / FP8 •Cooperation and sharing of knowledge, non-disclosure agreements, grant agreements and consortium agreements, contractual obligations •Grant agreement and general conditions Theresia Twickler, Senior Project Manager and EU Funding Advisor at Delft University of Technology and Director of PEPM, the Netherlands 15.15-15.30 Discussion Round 15.30-16.00 Coffee Break and Networking Opportunity 16.00-16.45 EU Funding through the European Commission and its Impact on R&D Consortium Agreements (Part 2) •Consortium Agreements: models and their differences •DESCA: main pitfalls, what to look out for •Eligibility of IPR costs in FP7 •Forward looking: Horizon 2020 THERESIA TWICKLER Senior Project Manager and EU Funding Advisor at Delft University of Technology and Director of PEPM, the Netherlands Theresia Twickler has been working for more than 20 years as EU Funding Advisor and Senior Project Manager for the Delft University of Technology in the Netherlands. Therefore she has has over 20 years of experience with EU funding, particularly with the Framework Programmes, DevCo and INTERREG. She is a specialist in supporting organisations to submit, negotiate and implement EU funded projects. Theresia Twickler provides hands-on experience in EU project management, mainly regarding legal, financial and managerial aspects. Furthermore, she is an advisor for public organisations on how to build successful and professional support structures to acquire and implement EU funding. Since May 2010 she is also director of PEPM. Theresia Twickler, Senior Project Manager and EU Funding Advisor at Delft University of Technology and Director of PEPM, the Netherlands 16.45-17.00 Discussion Round 17.00 End of Day One “A great opportunity to receive precise information from experts that understand the engagement between universities and industry” Sofia Vairinho, Lawyer and IP & IT Manager, University of Algarve, Portugal 5 PROGRAMME DAY 2 How to Design R&D Contracts in Practice 8.30-8.35 Welcome Note from the Chair Sandra Beelaard, Legal Adviser/IP Executive, Leiden University and Leiden University Medical Centre, the Netherlands 8.35-9.20 Joint University/Industry R&D Cooperation in Europe – The Legal Framework • Harmonisation efforts in Europe • Model agreements for industry-university cooperation • Types of collaborative R&D agreements • Role of EU subsidy rules Sandra Beelaard, Legal Adviser/IP Executive, Leiden University and Leiden University Medical Centre, the Netherlands 9.20-9.30 Discussion Round 9.30-10.00 SANDRA BEELAARD Legal Adviser/IP Executive, Leiden University and Leiden University Medical Centre, the Netherlands Sandra Beelaard is a legal adviser at the technology transfer office of Leiden University and Leiden University Medical Centre. She provides legal support to academics in both research and commercialisation matters with a focus on intellectual property. She is responsible for the negotiation and drafting of international agreements such as research collaborations (including FP7, IMI), public private partnerships and software/technology licenses. Prior to this, she worked as an IP and Competition attorney at De Brauw Blackstone Westbroek, one of the leading law firms in the Netherlands. Coffee Break and Networking Opportunity 10.00-10.45 R&D Contracts – The Industry Perspective •Types of collaborative R&D agreements – the industry perspective •Ownership of rights •Confidentiality •Commercialisation Bart Goddyn, Legal Counsel IP/IT, Belgium 10.45-11.00 Discussion Round 11.00-11.45 Competition Law from an R&D Perspective •Principles of EU Competition Law •Block exemption - Technology Transfer •License agreements •Collaboration between universities and industry Bart Goddyn, Legal Counsel IP/IT, Belgium 11.45-12.00 Discussion Round 12.00-13.15 Lunch Break and Networking Opportunity 6 BART GODDYN Legal Counsel IP/IT, Belgium Bart Goddyn is a legal counsel, specialised in Intellectual Property, Information Technology and Media. His advisory and transactional work cuts across all fields of technology, including computer technology, biotechnology, pharmaceutical and health care for national and international companies. Bart Goddyn practiced in-house for about four years as Cargill’s Intellectual Property Lawyer EMEA. Prior to that, he spent six years as an attorney-at-law in IP/IT departments of respected international law practices based in Brussels. He is an official arbitrator in .eu domain name disputes brought before the Czech Arbitration Court in Prague and he lectures on Media and Intellectual Property law at the Hogeschool-Universiteit Brussels. 13.15-14.00 License Agreements and Technology Transfer – The Academic Perspective •Licensing/technology transfer basics and background •Structure of License Agreements •Agreements with international partners •Conflicts arising out of agreements and solutions Florian Beilhack, In-house Legal Counsel, Max-Planck-Innovation, Germany 14.00-14.15 Discussion Round 14.15-14.45 Coffee Break and Networking Opportunity 14.45-15.30 License Agreements and Technology Transfer Wo sh rk op •Building successful partnerships and negotiating license agreements •Specific issues and common pitfalls Florian Beilhack, In-house Legal Counsel, Max-Planck-Innovation, Germany 15.30-15.45 Discussion Round 15.45-16.30 Participation and funding in the next EU Framework Programme – the draft Horizon 2020 Rules for Participation •Main objectives pursued by the Horizon 2020 Rules for Participation •Simplification aspects of the new rules •Novelties in terms of participation and funding •Treatment of intellectual property rights - ownership, access, exploitation and dissemination Reinhard Schulte, Deputy Head of Unit, Legal Matters, DG Research & Innovation, European Commission 16.30-16.45 Discussion Round FLORIAN BEILHACK In-house Legal Counsel, MaxPlanck-Innovation, Germany Florian Beilhack joined Max-PlanckInnovation in July 1998. He is mainly responsible for drafting, review and negotiation of intellectual property rights agreements (i.e. patent licensing, know-how and software agreements) with industry, and collaboration agreements between the Max Planck Society and the industry. Further, he provides legal support for spinouts of the Max Planck Society (i.e. corporate law/private equity). Prior to Max-PlanckInnovation, he worked at the foreign law department of the German automobile association ADAC. REINHARD SCHULTE Deputy Head of Unit, Legal Matters, DG Research & Innovation, European Commission Since March 2011 Mr Schulte is Deputy Head of the legal unit in DG Research and Innovation. In this function he is strongly involved in the drafting and presenting of the legislative proposals for the next EU Framework Programme for research and innovation, Horizon 2020. Since 2000 when he joined DG Research he dealt with various subjects including the treatment of state aid to research, international research cooperation, notably the negotiation of international S&T cooperation and association agreements. In 1994 he joined the European Commission, DG Industry, working on industrial and competition policy. Mr Schulte worked from 1991 until 1994 in the European Division of the German Federal Ministry of Economics responsible for EU state aid policy. 16.45 End of Seminar and Handout of Certificates “Very good training for people who manage cooperation activities. I will recommend the European Academy for Taxes, Economics & Law to my colleagues” Francisco Carranza, Manager European Funding & Strategic Collaborations, External Affairs, Nissan European Office, Belgium 7 ORGANISATIONAL MATTERS How to Design R&D Contracts in Practice BOOKING Date of Event Fax: +49 (0)30 80 20 80 250 15 - 16 November 2012 E-mail: [email protected] Booking Number For online booking please visit th th S-489 Phone: +49 (0)30 80 20 80 230 our website: www.euroacad.eu Event Language Contact The event language will be English. European Academy for Taxes, Economics & Law Hausvogteiplatz 13, 10117 Berlin, Germany Event Price Phone: +49 (0)30 80 20 80 230 1289,- Euro, excl. 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