Desca, the most widespread model consortium agreement in the 7th Framework Programme, has been updated for Horizon 2020. This type of consortium agreement is compatible with the Horizon 2020 Framework Programme for Research and Innovation and was developed by the EUCAR Legal Group. As far as intellectual property is concerned, the implementation phase is therefore of particular importance, as the exploitation and dissemination of project results is a central objective of Horizon 2020 projects. This final factsheet of our Horizon 2020 series therefore shows the steps to follow to pave the way for the use and dissemination of the intellectual property generated during the implementation of your project. This factsheet is a continuation of the previous factsheet on “IP Management in Horizon 2020: in the proposal phase”, which is highly recommended to be read in advance. The consortium agreement complements the grant agreement for Horizon 2020. While the grant agreement establishes the binding legal relationship between the European Commission and the project partners, the consortium agreement establishes and regulates the relationship between the partners themselves. Unlike the grant agreement (which is firm and cannot be changed), the Horizon 2020 consortium agreement is essentially a trade agreement between the partners. As such, it is flexible and can be adapted to the specific needs of the project and its partners. Remember that as soon as horizon 2020 is funded, the unionized partners will work together for a long time. That is why it is very important to have a binding agreement that takes into account the different expectations, requirements and circumstances that may arise.
That said, there is one important point to consider: preparing a Horizon 2020 consortium agreement requires a significant investment of time, resources and legal resources. If the project is not funded by the European Commission, such an allocation of money and time will be mostly (and unfortunately) lost. Although it is not mandatory, we recommend referring to the structure and guidelines of the DESCA when developing a consortium agreement. As I said above, it is advisable to use experienced legal assistance in the preparation of this agreement. The DESCA presentation should only be referenced as a means of structuring the agreement in general and taking into account important aspects to be taken into consideration. Innovaccess` IP cost tool, a free tool for calculating the costs of different IP titles, the patent quiz and the IP information package in Horizon 2020 complete this extensive edition of the fourteenth bulletin. However, one of the SMEs involved in these negotiations was concerned about the disclosure of information to partners on the cloud without prior agreement between the partners. At the same time, however, the time taken to prepare the proposal lasted six months and, therefore, the SME tried to find a simple and quick solution in order to avoid wasting time to prepare the proposal.
The European Automotive Council R&D (EUCAR), the European body for collaborative research and development in the automotive and road transport sectors, has just published a new model consortium agreement. . . .