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Innovation and Intellectual Property Policies in European Research Infrastructure Consortia - PART I: The Case of the European Spallation Source ERIC

Yu, Helen ; Wested, Jakob and Minssen, Timo LU (2017) In Journal of Intellectual Property Law & Practice 12(5). p.384-397
Abstract
Research and innovation are key pillars of the EU’s strategy to create sustainable growth and prosperity in Europe. Research infrastructures (RIs) are central instruments to implement this strategy. They bring together a wide diversity of expertise and interests to look for solutions to many of the problems society is facing today. To facilitate the creation and operation of such RIs, the EU adopted legal frameworks for European Research Infrastructure Consortia (ERIC). On August 31, 2015, the European Spallation Source (ESS) was established as an ERIC. Under the ERIC Regulations and ESS Statutes, the European Spallation Source ERIC is required to adopt various policy documents relating to the operation and management of the facility.... (More)
Research and innovation are key pillars of the EU’s strategy to create sustainable growth and prosperity in Europe. Research infrastructures (RIs) are central instruments to implement this strategy. They bring together a wide diversity of expertise and interests to look for solutions to many of the problems society is facing today. To facilitate the creation and operation of such RIs, the EU adopted legal frameworks for European Research Infrastructure Consortia (ERIC). On August 31, 2015, the European Spallation Source (ESS) was established as an ERIC. Under the ERIC Regulations and ESS Statutes, the European Spallation Source ERIC is required to adopt various policy documents relating to the operation and management of the facility. These cover a wide variety of issues such as user access, public procurement, intellectual property rights (IPR), data management, and dissemination. One of the main goals of the ESS policies is to ensure that the research environment at ESS is compatible with a wide variety of international users’ obligations to multiple stakeholder-interests. But how can these policies best be aligned with the EU objective to achieve economic growth and scientific excellence by encouraging international research collaborations? The complex relationship between scientific excellence, innovation, and IPRs must be carefully considered. Taking the European Spallation Source ERIC as an example, this article investigates ERIC Regulations and EU policies and discusses what issues and perspectives ERICs need to consider in their IPR policies to balance the core-objectives of multiple stakeholders and achieve sustainability. In Part II, we will analyze and compare the different IPR policies of the various ERICs in a subsequent article. (Less)
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author
; and
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Faculty of Law, IPR Policy, ERIC, European Spallation Source, Patents
in
Journal of Intellectual Property Law & Practice
volume
12
issue
5
pages
384 - 397
publisher
Oxford University Press
external identifiers
  • scopus:85076492296
ISSN
1747-1532
DOI
10.1093/jiplp/jpx022
language
English
LU publication?
no
id
8e1a249c-46f6-49c0-a62c-1280619e9e7a
date added to LUP
2020-12-16 14:22:14
date last changed
2022-04-19 03:01:34
@article{8e1a249c-46f6-49c0-a62c-1280619e9e7a,
  abstract     = {{Research and innovation are key pillars of the EU’s strategy to create sustainable growth and prosperity in Europe. Research infrastructures (RIs) are central instruments to implement this strategy. They bring together a wide diversity of expertise and interests to look for solutions to many of the problems society is facing today. To facilitate the creation and operation of such RIs, the EU adopted legal frameworks for European Research Infrastructure Consortia (ERIC). On August 31, 2015, the European Spallation Source (ESS) was established as an ERIC. Under the ERIC Regulations and ESS Statutes, the European Spallation Source ERIC is required to adopt various policy documents relating to the operation and management of the facility. These cover a wide variety of issues such as user access, public procurement, intellectual property rights (IPR), data management, and dissemination. One of the main goals of the ESS policies is to ensure that the research environment at ESS is compatible with a wide variety of international users’ obligations to multiple stakeholder-interests. But how can these policies best be aligned with the EU objective to achieve economic growth and scientific excellence by encouraging international research collaborations? The complex relationship between scientific excellence, innovation, and IPRs must be carefully considered. Taking the European Spallation Source ERIC as an example, this article investigates ERIC Regulations and EU policies and discusses what issues and perspectives ERICs need to consider in their IPR policies to balance the core-objectives of multiple stakeholders and achieve sustainability. In Part II, we will analyze and compare the different IPR policies of the various ERICs in a subsequent article.}},
  author       = {{Yu, Helen and Wested, Jakob and Minssen, Timo}},
  issn         = {{1747-1532}},
  keywords     = {{Faculty of Law; IPR Policy; ERIC; European Spallation Source; Patents}},
  language     = {{eng}},
  month        = {{03}},
  number       = {{5}},
  pages        = {{384--397}},
  publisher    = {{Oxford University Press}},
  series       = {{Journal of Intellectual Property Law & Practice}},
  title        = {{Innovation and Intellectual Property Policies in European Research Infrastructure Consortia - PART I: The Case of the European Spallation Source ERIC}},
  url          = {{http://dx.doi.org/10.1093/jiplp/jpx022}},
  doi          = {{10.1093/jiplp/jpx022}},
  volume       = {{12}},
  year         = {{2017}},
}