At present, some instruments of the European Innovation Council give individual researchers indefinite rights to exploit IP they have contributed to developing. But some R&I groups have described this as “counterproductive” and “unworkable” because it clashes with usual practices through which institutions have more control.

On 3 May, the EIC board said it had met in February with groups that raised concerns and found that “many aspects of the provisions [on IP] are fit for purpose”. Nevertheless, it recommended “some targeted improvements” for the next EIC work programme.

Council proposals

The recommendations include that the broad definition of an ‘EIC Inventor’ to whom the rules apply—one of the problems raised by R&I groups—should be brought into line with international standards.

In addition, the EIC board recommended that inventors’ host institutions “should be allowed a period to commit to supporting the protection and commercialisation of results”, which must include support for patenting.

If the institution commits to providing such support then it ought to benefit from “proportionate” returns from commercialisation, the EIC board said. Otherwise the institution “must then allow the EIC Inventor full and royalty free access rights to exploit the IP”.

The EIC board also said that a condition of EIC funding should be that grantees must “work diligently” to realise any commercial potential of their inventions, and that “this includes working with any technology transfer organisation” in their host institution.

Initial reaction

Research groups have reacted positively to the recommendations.

Laura Keustermans from the League of European Research Universities told Research Professional News that “at first glance the proposed changes seem to address our major concerns, so we welcome this as a good step in the right direction”.

Julien Chicot from the Guild of European Research-Intensive Universities welcomed the EIC’s “willingness to listen to our concerns”.

“It is very positive that the EIC Board recognises the vital role of knowledge valorisation offices and therefore the need to promote their collaboration with EIC inventors,” Chicot said, urging the European Commission to adopt the EIC Board’s recommendations.

Research Professional News has asked the Commission for comment.