Table 1. Innovative Medicines Initiative principles on IP. European Federation of Pharmaceutical Industries and Associations members and the European Commission deliberated for two years to determine an IP policy for the Innovative Medicines Initiative (IMI) to achieve fair allocation of rights, reward innovation and broad participation of private and public entities in IMI projects. The policy covers IP, know-how and information generated and held by participants before the program and needed to carry out the projects ("background IP"), generated by the project participants in pursuit of project objectives ("foreground IP") or generated by the participants but outside of the project objectives ("sideground IP").

 

Issue

 

Background IP

 

Foreground IP

 

Sideground IP

 

Ownership

 

Each participant remains the exclusive owner.

 

Participant that generated it. If several participants: joint ownership. However, a project agreement can allocate differently.

 

Participant that generated it. Possible to agree otherwise in project agreement.

 

Right for a participant to transfer its ownership

 

Free to transfer ownership, subject to rights and obligations of the grant or project agreement (that is, the buyer accepts the same legal position in relation to project). Notify other participants after transfer.

 

Each participant shall remain free to license, assign or otherwise dispose of its ownership rights.

 

Not applicable

 

Right for a participant to license, use and exploit independently of the other participants

 

Right to independently license nonexclusively and otherwise use.

 

Right to independently license nonexclusively and otherwise use.

 

Not applicable

 

Access rights for participants for the purposes of completing the project

 

Royalty-free and nonexclusive license solely for the purpose of participating in and completing the project.

 

Royalty-free and nonexclusive license.

 

Not applicable

 

Access rights for participants and affiliates for research use during the project or after the completion of the project

 

Nonexclusive license on fair and reasonable terms or royalty free if needed for the research use of foreground IP generated by the project.

 

Nonexclusive license of fair and reasonable terms or royalty free, as determined in the project agreement.

 

Not applicable

 

Access rights for third parties for research use after the completion of the project

 

Requires nonexclusive license on fair and reasonable terms to needed for the research use of foreground IP generated by the project.

 

Nonexclusive license on fair and reasonable terms, as determined in the project agreement.

 

Not applicable

 

Rights for participants (and affiliates) or third parties for direct exploitation after completion of the project

 

No access rights. Subject for commercial negotiation.

 

No access rights. Subject for commercial negotiation.

 

Not applicable

 

Source: Innovative Medicines Initiative