Most Horizon 2020 projects are aimed at generating new knowledge or expanding existing knowledge. This often involves the collaboration of several project participants. It is therefore essential to regulate the ownership rights among them and to comply with all provisions applicable to exploitation and dissemination, protection, access rights to and transfer of the project results.
"Manifesto for EU COVID-19 Research" for Horizon 2020 projects |
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This measure launched by the EU Commission shall ensure maximum accessibility to project results related to the fight against COVID-19. By supporting the manifesto, the organisation commits to:
According to the EU Commission, signature does not lead to legal force (see FAQ of the EU Commission). Detailed information as well as future steps can be found on the homepage of the EU Commission. |
Access rights to background and project results
The beneficiaries must specify the background (= data, know-how or information held by the beneficiaries before they entered the Grant Agreement (GA) and needed to implement the project and/or to exploit the results) in writing.
The beneficiaries must give each other access to the agreed background and results needed to implement their own project tasks (these access rights must be granted on a royalty-free basis) or to exploit their own project results (these access rights must be granted under 'fair and reasonable conditions'). These access rights must also be granted to affiliated entities (under 'fair and reasonable conditions') if such background/project results is/are needed to disseminate the results generated by the affiliated beneficiaries.
Requests for access to project results may be made up to one (1) year after the end of the project.
| Purpose | Access Rights to Background | Access Rights to Results |
|---|---|---|
| for project implementation | royalty-free, unless agreed otherwise before acceeding to the GA | royalty-free |
| for exploitation of results | fair and reasonable conditions | fair and reasonable conditions |
More detailed information can be found:
- Annotated Model Grant Agreement (AGA), articles 24 and 25
Intellectual property of project results
In principle, project results belong to the beneficiary who generated them.
Project results may however also be generated jointly by several beneficiaries. In this case all beneficiaries involved in generating the results have joint ownership if it is not possible to
- establish the respective contribution of each partner and/or
- separate the results for the purpose of obtaining their protection.
The joint owners must specify the provisions for exercising their joint ownership in writing in a 'Joint Ownership Agreement'. They may also agree on an alternative to joint ownership (e.g. transfer of sole ownership to one of the joint owners).
Unless otherwise agreed, each joint owner may grant non-exclusive licences to third parties, provided that the other joint owners are given:
- at least 45 days advance notice AND
- fair and reasonable compensation.
More detailed information can be found:
- Annotated Model Grant Agreement (AGA), article 26
- in the guide of the IP Helpdesk "Guide to Intellectual Property Rights in Horizon 2020"
Protection of project results
Each beneficiary must adequately protect its results for an appropriate period and with appropriate territorial coverage if:
- the results can reasonably be expected to be commercially or industrially exploited AND
- protecting them is possible, reasonable and justified under the circumstances at hand.
In this context, the beneficiary must consider both its own legitimate interests and those of the other beneficiaries.
Any costs incurred in obtaining protection of project results are eligible for funding in accordance with the provisions of article 6.2.D.3 GA.
More detailed information can be found:
- Annotated Model Grant Agreement (AGA), article 27
Exploitation of project results
Each beneficiary must take relevant measures to exploit the project results. This obligation remains in force for the duration of the project and up to four years after the end of the project.
More detailed information can be found:
- Annotated Model Grant Agreement (AGA), article 28
- in the Online Manual of the EU Commission
Dissemination of project results
Each beneficiary must disclose their project results as soon as possible, unless this adversely affects legitimate interests.
Beneficiaries intending to disseminate project results must give at least 45 days advance notice to the other beneficiaries (unless agreed otherwise). This notice must include sufficient information on the results concerned.
The other beneficiaries may object within 30 days of receiving notification (unless agreed otherwise) if they can show that the disclosure would significantly adversely affect their legitimate interests.
More detailed information can be found:
- Annotated Model Grant Agreement (AGA), article 29
- in the Online Manual of the EU Commission
- on our thematic pages "Open Access“ and "Open Data“
Transfer of project results
Each beneficiary may transfer ownership of its results.
The beneficiary must ensure, however, that the new owners also comply with the relevant obligations of the GA.
Beneficiaries intending to transfer their ownership of project results must give at least 45 days advance notice to beneficiaries holding access rights to these results (unless otherwise agreed). This notification must include sufficient information on the new owners.
These beneficiaries may object within 30 days of receiving notification (unless agreed otherwise) if they can show that the transfer of ownership would adversely affect their access rights.
More detailed information can be found:
- Annotated Model Grant Agreement (AGA), article 30
- in the presentation of the EU Commission "H2020 Coordinators' Day - Grant Agreement Preparation"
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