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CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION

CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION. WIPO Geneva - April 25/26, 2005 Alain GALLOCHAT, French Research Ministry. THE ROLE OF PUBLIC AUTHORITIES: THE FRENCH APPROACH FOR PUBLIC RESEARCH (1). To create a legal environment

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CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION

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  1. CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION WIPO Geneva - April 25/26, 2005 Alain GALLOCHAT, French Research Ministry

  2. THE ROLE OF PUBLIC AUTHORITIES: THE FRENCH APPROACH FOR PUBLIC RESEARCH (1) • To create a legal environment • To adopt new rules when necessary • To assist the researchers • To explain and explain again

  3. THE ROLE OF PUBLIC AUTHORITIES: THE FRENCH APPROACH FOR PUBLIC RESEARCH (2) • The law on innovation and research (July 12, 1999) • The recommendations for the adoption of an Intellectual Property Charter (June 2001) • The plan in favour of innovation (April 2003)

  4. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (1) • Researchers mobility • Cooperation between public research and private sector • Fiscal framework for innovative companies • Legal framework for innovative companies

  5. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (2) • Researchers mobility : • creating (Art. 25.1) • consulting (Art. 25.2) • managing (Art.25.3)

  6. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (3) • Cooperation between public research and private sector • Incubators • SAICs

  7. THE LAW ON INNOVATION AND RESEARCH – JULY 12, 1999 (4) • Fiscal framework for innovative companies • Legal framework for innovative companies

  8. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (1) • Protecting the results is of paramount importance • Specific IP policy • Ownership / co-ownership • Cautions & recommendations in case of a partnership • Organisation of IP services

  9. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (2) • LEGAL ISSUES / RIGHT TO TITLE • Art. L. 611-6 CPI : « The right to the industrial property title referred to…shall belong to the inventor or his successor in right » • Art. L. 611-7 CPI : Employee’s inventions * mission inventions * not mission inventions, but… * other cases

  10. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (3) • LEGAL ISSUES / CO-OWNERSHIP • LEGAL SYSTEM : Art. L. 613-29 CPI • CONTRACTUAL SYSTEM

  11. RECOMMENDATIONS FOR THE ADOPTION OF AN IP CHARTER – JUNE 2001 (4) • LEGAL ISSUES / FINANCIAL MEASURES • Art. L. 611-7 : private sector • Art. L. 611-7.5 : public sector * October 1996 Decrees : 25% * February 2001 Decrees : 50% up to 65 000 € / year, and then 25%

  12. PLAN FOR INNOVATION / DECEMBER 2002 PRESENTATION • Joint presentation of a draft by the ministers in charge of Industry and Research • Public consultation

  13. PLAN FOR INNOVATION / FINAL TEXT • Adoption of the plan and presentation by both ministers early April 2003 • Preparation of the necessary Decrees

  14. PLAN FOR INNOVATION / MEASURES CONCERNING IP • Financial incentive for increasing the number of filings of patent applications • National campaign for sensitizing the researchers in the field of patents

  15. PLAN FOR INNOVATION/NATIONAL CAMPAIGN • Time schedule • Targets • Content

  16. CONCLUSION • A wishful policy • The legal problem(s) • The cultural issue

  17. I THANK YOU FOR YOUR ATTENTION alain.gallochat@recherche.gouv.fr

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