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Horizons 2020

Horizons 2020. Dave Richardson University of Illinois. FP7 Summary of U.S. Participation. In excess of 340 U.S. applications selected for FP7 Participation U.S. accounts for approximately 11% of non-European Participation – 2 nd only to the Russian Federation in funding received

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Horizons 2020

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  1. Horizons 2020 Dave RichardsonUniversity of Illinois

  2. FP7 Summary of U.S. Participation • In excess of 340 U.S. applications selected for FP7 Participation • U.S. accounts for approximately 11% of non-European Participation – 2nd only to the Russian Federation in funding received • FP7 Proposals involving a U.S. Participant had a 30% yield rate versus 15% without • 75% of all Marie Curie International Outgoing Fellows study in the U.S. while the U.S. accounts for 14% of Incoming Fellows • 40% of U.S. Project Participants did not sign an FP7 Grant Agreement but participated in other ways

  3. U.S. Concerns with FP7 Grant Agreement • Cost Sharing • Governing Law / Court of Jurisdiction • Liquidated Damages / Financial Penalties • Foreground Intellectual Property • Indemnification

  4. Cost Sharing • Cost sharing while not required may be implied in accepting the flat indirect rate • U.S. entities may choose to be reimbursed on their actual overhead costs, if they consider the proposed flat rates too low

  5. Governing Law / Court of Jurisdiction • Belgian law is applicable and the EU General Court/Court of Justice are the responsible courts for dispute resolution • No solution for governing law – accept it or withdraw from signing the grant agreement • Special Clause 35: permits arbitration instead of Court of Justice

  6. Liquidated Damages • Participants receiving an EC financial contribution are subject to liquidated damages and financial penalties • Special Clause 9: excludes U.S. participants form this provision if they are not receiving an EC financial contribution

  7. Foreground IP • Participants are required to protect and share with consortium partners foreground IP • Partners are permitted to develop specific agreements regarding foreground intellectual property prior to project execution

  8. Indemnification • Participants shall indemnify the EU where they themselves have caused damages • A financial risk sign-off remedies this risk for some institutions • For others, indemnification is a legal barrier to participation

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