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This document provides an overview of the Intellectual Property Rights (IPR) provisions
applicable in the Seventh Framework Programme (FP7) of the European Community for
research, technological development and demonstration activities (2007-2013).

It is a guide to the various issues and potential pitfalls regarding IPR that participants may
encounter when preparing and participating in an FP7 project.

Overall, participants are strongly encouraged to consider and tackle IPR issues as soon as
possible during the preparation of their project and to negotiate any relevant questions with the other participants before starting the project. Indeed, IPR issues can affect both the way a project is conducted, and the exploitation of results after the end of a project. Moreover, certain provisions foresee a default regime if no alternative agreement has been reached.
This guide should be considered in conjunction with the applicable legislation, in particular the "Rules for Participation" ("RfP") and the "EC model Grant Agreement"3 ("ECGA"). These
official documents prevail over any statement contained in this guide. It is clear that any other
legislation that applies must also be respected, for example the provisions of the State aid
framework.

Where possible, reference is made throughout this guide to the relevant articles. Most of the
provisions referred to in this guide are part of Annex II of the EC Grant Agreement (thus, a
reference such as “Article II.30 of ECGA” refers to Article 30 of Annex II of the EC Grant
Agreement). However, for certain types of FP7 projects, more specific IPR provisions may be
found in Annex III, such as the ones applicable to research actions for SMEs or for SME
associations. In specific cases, "special clauses" may also be included in Article 7 of the core grant agreement; a list of all such clauses is available.

Moreover, Frontier research actions (conducted under the European Research Council – ERC) do not rely on the EC Grant Agreement but on separate "ERC Grant Agreements", referred to as ERC-GA in this guide. Similarly, Marie Curie actions, do not rely on the EC Grant Agreement but on separate Marie Curie Grant Agreements......계속