The Enterprise Europe Network IP Working Group WIPO Forum Intellectual Property & SMEs October 2010, Rome

1. The Enterprise Europe Network IP Working GroupWIPO ForumIntellectual Property & SMEs October 2010, Rome Jane Watters Dave Morgan Enterprise Europe Scotland Enterprise Europe South West Scottish Enterprise GWE Business West

2. EEN and IP – the challenges Background Initiative from EACI Agreement of SAG of EEN Call to Arms 2009 for IP WG Aims – IP vital element of EEN Advisors Objectives – Tools, resources, sign post Composition – National Experts project management EACI

3. Addressing the IP challenges The EEN IP Working Group has designed and developed: • EEN IP training, June 2010 – planned annually • Signposting directory - organisations such as NPOs, and other regional IP intermediaries • IP toolkit with glossary of terms – questions and resources e.g. tools, e-modules, questions for businesses

4. Objectives of the IP Toolkit At each stage in an EEN Adviser’s daily work with companies we need to bear in mind some questions about Intellectual Assets/Property, to give better advice and increase the quality of business agreements companies achieve Even if you are not an IP specialist, you should know who/how and when to signpost clients for further IA/IP related information

5. The IP toolkit includes: • Guidance on how and when to discuss IP with clients, with suggested questions to help • A toolkit of available resources, including • Organisations to signpost clients for further support (e.g. IP Specialist support organisations, other colleagues in host organisations, or IPR conference on Firstclass) • A variety of tools to assess IA/IP etc • Example agreements which can help clients to ensure they cover the relevant issues during negotiations Here are some examples…..

6. First company visit • Is the product or service novel or innovative? • Has it been protected (formally through IP registrations or less formally e.g. has the company documented a process and kept it secret)? • Is the client aware of how IA/IP can be used as a business tool? • Is signposting to a specific expert required for further detail? • Innovaccess tool - Why IP is relevant for you • IP4inno - E-learning modules • Identify the IP skills in your consortium, host organisation or region to signpost clients for an IP review

7. Business agreement – check list • Field of use / period of time covered/market/countries concerned • Check validity of IPR – renewal fees paid up • Exclusivity/sole etc – included in glossary • Royalty (need an IPR expert to calculate the %)? • Grant clause e.g. if license is based on an application, which is then not granted, what happens? • Who can own/register foreground IPR (linked to improvements etc) • Who is responsible for acting against counterfeiting? • By the end of the agreement, which partner(s) retain(s) IPR? • Settlement on improvements of products, services,.... • Termination clauses

8. Tools and tips: business agreements Guidance • WIPO introduction to IA/IP • UK IPO Licensing booklet • UK IPO checklist for licensing Example agreements from intermediaries • Sample agreements (Scotland only) • WIPO Guidance on IP licensing and sample agreements Find Professional IP advisers and attorneys • Law Society Scotland database • CITMA/CIPA Framework 7 IP issues • Model agreements for FP7

9. Next steps • Final review of the toolkit • Check and approval of IP toolkit by EACI • IP toolkit published on Network intranet • Discuss follow up activity

10. Thank you! ….if you have any suggestions for practical resources we should include, or others who would benefit from this toolkit…..do let us know! jane.watters@scotent.co.ukdave.morgan@enterpriseeuropesw.org.uk