The framework for sharing ��ƽ�� intellectual property

5 Dec 2016 - Akiko Takano, Legal Affairs

In signing the ��ƽ�� Agreement in 2006, the seven ��ƽ�� Members were agreeing not only to share in the costs of constructing and operating the ��ƽ�� facility, but also to share any intellectual property flowing from the execution of the Agreement.

The first rule of thumb among the Domestic Agencies and the ��ƽ�� Organization is the widest possible dissemination of intellectual property generated in the course of ��ƽ�� activities. At the annual Intellectual Property Contact Person Meeting (here, from 29 to 30 November) details and issues are discussed among specialists.

Intellectual property, in the context of ��ƽ��, can be understood as the development of industrial knowhow and processes, technological solutions, inventions, and of course all experimental results.

As a basic principle, the ��ƽ�� Organization and the seven Members support the widest appropriate dissemination of intellectual property generated in the course of activities for ��ƽ��. For this, provisions are included in contracts signed for ��ƽ�� work that detail—among other things—the rights of access to intellectual property.

An important distinction is made between background intellectual property, which has been acquired or developed before the entry into force of the ��ƽ�� Agreement, and generated intellectual property that is acquired or produced in the course of activities related to ��ƽ��; depending on the category, the access regime and obligations can be very different. Intellectual property can be generated under contract, Task Agreement or Procurement Arrangement, or by ��ƽ�� Organization staff.

The legal framework for the management of ��ƽ�� intellectual property is set out in the ��ƽ�� Agreement (Article 10) and its Annex on Information and Intellectual Property. Further detail is provided in the Rules on Intellectual Property Management and the Dissemination of Information (adopted by the ��ƽ�� Council) and by internal procedures put in place for the implementation of these Rules.

According to the terms of the ��ƽ�� Agreement and its related Annex (see text box), background or generated intellectual property is shared by way of license agreements or commercial arrangements. Between Members—and in the scope of publically sponsored fusion R&D—these would be non-exclusive, irrevocable, royalty-free licenses.

One of the key project-wide management tools for intellectual property is the intellectual property database, which centralizes background declarations, generated intellectual property declarations, publications, and licenses. The database is the tool by which Domestic Agencies and contractors declare intellectual property, thereby making it available to other Domestic Agencies. Recording intellectual property data opens the way to the possibility of licensing agreements between the ��ƽ�� Organization and Domestic Agencies or between the agencies themselves. As the project progresses, increasing amounts of records are expected.

Since 2009, specialists designated by each Domestic Agency have joined ��ƽ�� experts annually at the Intellectual Property Contact Person Meeting to discuss the dissemination of project-related intellectual property. At the latest meeting, which took place at ��ƽ�� Headquarters from 29 to 30 November, the focus was on the status of the intellectual property database, publications, and progress reports from each Member.

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