In the light of global R&D sourcing is there a way of fair co-operation and fair remuneration?

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1 46 rue Lauriston Paris Tel: +33 (0) Fax: +33 (0) EIRMA/ In the light of global R&D sourcing is there a way of fair co-operation and fair remuneration? IP update: Current situation on Unitary Patent System and the European Patent Court System SIG-II Meeting, 17/18 November 2011 Hotel Nazionale, Rome Summary Today, companies are sourcing R&D worldwide both internally and externally. The public sector universities and research institutes are nowadays obliged by law to offer their R&D services in collaborations with industry on normal market conditions. General collaboration guidelines (as for instance those based on EIRMA s Responsible Partnering initiative) and various collaboration model contracts (as for instance those agreed between industry and public R&D institutions within the frame of an initiative of the German government) are publicly available in order to help to establish such collaborations in an efficient way. In this context companies are facing the challenge of handling the remuneration of patentable R&D results in a faire way which is in compliance with the national laws and industry practices in the various countries involved. Consequently, there is an increasing need towards more globally harmonised (uniform) practices from the industry both in respect of fair collaborations and fair remuneration systems. Within such internal or external R&D collaborations, teams with an interdisciplinary and multicultural background are often the sources behind innovative solutions which might be protectable by different types of IP as for instance patents, designs, trademarks, and copyright or which might not be protectable at all. The challenge here is how to acknowledge and to reward such solutions in order to foster and stimulate good team work. How companies manage the risk in such harmonised systems and what are the current best practices, is the question that will be addressed during this meeting. Companies that successfully manage collaborations between industry and universities within the frame of the Responsible Partnering concept will present their best practices. Further, we will look at the German model contracts which provide appropriate examples for a legal frame for such R&D collaborations according to the Responsible Partnering concept. IP update: The afternoon topic will be an update and discussion of the current status of the political negotiations regarding the Unitary Patent System and the European Patent Court System. Most of (25 of the 27) EU Member States are participating within the framework of the enhanced cooperation to establish such a Unitary Patent System except Italy and Spain. It is planned to come to an agreement on the Regulations on the Unitary Patent System and the corresponding language and translation regime either during the Polish Presidency in the 2nd half of 2011 or during the Danish Presidency in the 1st half of Further, it is planned to agree on the Treaty for the European Patent Court System during the Danish Presidency, which means we may have a Unitary Patent System and a European Court System in place as early as of The speed in which Regulations and the Treaty are prepared is incredibly high, and important issues will be decided in the next few months.

2 Target Audience This meeting is aimed mainly at Senior Intellectual Property Managers, Attorneys and Lawyers, Senior and Middle R&D Managers who wish to learn more about possible ways to effectively control IP costs and to make IP processes more effective and robust while maintaining the necessary internal IP competencies and quality of IP. A special target group for this meeting is people managing inventors remuneration and external projects. Chairman Dr. Werner Fröhling, Managing Director, Flooring Technologies Ltd 8 Online registration before 2 November 2011 on EIRMA Website: Key themes Innovation Management Business strategy Research Asset Management People and Knowledge Public frameworks PROGRAMME 16:00 Departure from Hotel Meeting Point in Lobby Thursday, 17 November :30 20:30 Visit of the city 20:30 Dinner (Restaurant exact name to be defined)

3 PROGRAMME Friday, 18 November :30 08:45 Opening and welcome Mr. D. Michel Judkiewicz, EIRMA Secretary General Ms. Camille Roy, Programme and Members Relations Manager, EIRMA Dr. Werner Fröhling, Chairman of SIG-II and Managing Director, Flooring Technologies Ltd 08:45 10:45 Is there a fair co-operation and a fair remuneration? 08:45 09:15 Case 1: Responsible Partnering, industry-university relationships Bridging the gap between industry and academia on what is considered fair cooperation and fair re-numeration Mr. Erik Pastink, IP Counsel, Philips 09:15 9:45 Case 2: RTO Experience with Responsible Partnering and Some Thoughts About How to Go Further The original Responsible Partnering publication, and its recommendations, broadly reflected current practice among RTOs. Thus the publication was well received. Cooperation between RTOs and companies generally works well; both sides feel generally comfortable operating in Open Innovation mode. One area in which there seem still to be recurrent difficulties, however, is IP transactions. It is proposed to discuss together whether and how we might manage to reduce these difficulties. Mr. Christopher John Hull, Secretary General, EARTO 09:45 10:15 Case 3: Industry-university co-operation model contracts from Germany Legal framework for cooperation model contracts between Industry and University from a German perspective Comparison of the "Berlin Contract" and the "Hamburg Contract" Proposal from the German Department of Commerce Dr. Mathias Zintler, partner KNPZ RECHTSANWÄLTE 10:15 10:45 Remuneration practices in a global context In view of global R&D sourcing, companies need globally harmonised remuneration systems for patentable inventions of employees that are easy to administrate and transparent for the employees and that are in compliance with the national laws and industry practises. Dr. Florian Siebzehnrübl, Senior Patent Attorney, SCA 10:45 11:15 Coffee break 11:15 11:30 Introduction to a Future Topic: Renault Technology Licensing A short presentation of why the decision was taken, how it is supported and the main steps of its recent history Mr. Jérôme Laguette, Intellectual Property Licensing Director, Renault "Corporate Strategy & Planning" 11:30 11:50 The mission statement of EIRMA and SIG-II Group A short introduction into EIRMA's vision, mission and goals D. Michel Judkiewicz, EIRMA Secretary General Apparently the interest of the group has evolved over the past few years and expanded into new areas. This should be reflected in the group s mission and vision. A proposal for a new statement of EIRMA SIG-II Group will be discussed Dr. Werner Fröhling, Managing Director, Flooring Technologies Ltd 11:50 12:45 Discussion and debate of morning presentations

4 PROGRAMME 12:45 13:45 Lunch 13:45 15:15 Unitary Patent System and European Patent Court System the Commission has published new drafts of the Unitary Patent System and the Treaty for the European Patent Court System. It is planned to come to an agreement on the Regulations on the Unitary Patent System and the corresponding language and translation regime either during the Polish Presidency in the 2nd half of 2011 or during the Danish Presidency in the 1st half of Further, it is planned to agree on the Treaty for the European Patent Court System during the Danish Presidency. In other words, we may have such a Unitary Patent System and a European Court System in place as early as of It might be of general interest for the group to discuss this issue and its impact onto the users of the patent system in Europe now since the speed of negotiations about the final version of the Regulations and the Treaty is incredibly high, and important issues will be decided in the next few months. 13:45 14:15 Unitary Patent System and European Patent Court System: main bullet points of the concept and update of the current state of the negotiations Dr Pierre Treichel, Lawyer International Legal Affairs, European Patent Office 14:15 14:45 Unitary Patent System and European Patent Court System: the perspective of the Swedish industry The framework of the Unitary Patent System and the European Patent Court is expected to be fixed already in the first half of The current draft framework introduces a number of legal uncertainties not only for the new unitary patents, but also for the current EP-patents. Several drawbacks are also introduced, so the framework does unfortunately not fulfill the requirements and needs of the Swedish industry. Fredrik is here going to explain why and the changes which are necessary for the framework to be acceptable. Mr Fredrik Egrelius, Senior Patent Attorney, Ericsson AB 14:45 15:15 Discussion and debate of afternoon presentations 15:15 16:00 Update and discussion on SIG-II Working Groups 15:15 15:45 Update on Working Group on KPI s Dr. Beat Mollet, Intellectual Property Manager, Nestle Research Centre Presentation of the project proposal on IP & Innovation Metrics Database Prof. Chris Tucci, Professor of Management of Technology, EPFL Tilo Peters, Doctoral Researcher, EPFL 15:45 16:00 Update on Working Group Managing IP risk in 3rd party co-operations Ms. Beatrice Bianchini-Burlot, Group Manager Innovation Projects, Patents, EDF and Mr. Giandomenico Testi, Head of Group Strategic IP, ABB Wrap-up, conclusions, next meeting dates and topics

5 PRACTICAL ARRANGEMENTS Venue & Hotel Nazionale Rome Accommodation Piazza Montecitorio, Rome, Italy EIRMA will book accommodation as required on behalf of participants. The rate for a single room is 195, breakfast and service included, to be paid directly to the hotel. Visit Dinner Visit of Rome city Restaurant exact name to be confirmed Transportation From International Airport in Fiumicino-Leonardo da Vinci Taxi approximate cost: 45 euros (30 km) Airport train to the main Roma Termini railway station: leaves every 30 minutes Major Rental Car services: airport s Terminal C car park When requested in advance the Hotel Nazionale can reserve a Limousine Service from the airport to the Hotel (cost: 65 euro) From Ciampino Airport Taxi services approximate cost: 35 euros (18 km) From Termini Station Taxi approximate cost: 15 euros (15 minutes, 3 km) Nearby underground stations Barberini (line A), Spagna (line A), Colosseo (line B) Registration Please register as soon as possible but certainly before November 2 nd, The online registration form is available on the EIRMA Website The meeting registration fee of 550 covers the cost of meeting facilities, refreshments, get-together dinner and lunch. Payments We prefer payment by bank transfers but can also accept credit card (Visa, MasterCard or American Express) and cheques provided this is at no cost to the Association. All delegates will receive confirmation letters, including an invoice or receipt as appropriate. Cancellations Please give as much notice as possible if you are obliged to cancel. We will refund the registration fee for cancellations received 72 hours before the meeting. Unfortunately we have no control over the hotel s cancellation policy and you may be required to make full payment for cancelled rooms that remain unused. Names may be substituted at any time without charge.

6 REGISTRATION FORM Co-operation and fair remuneration? SIG-II Meeting November 2011, Hotel Nazionale, Rome, Italy 8 Online registration available on EIRMA Website: Have you noticed the NEW on-line registration form? Simple and secure! However, if you have no or limited access to internet, you may return the form below before November 2 nd, 2011 to EIRMA - 46, rue Lauriston, Paris, France By fax: + 33 (0) or to altanguy eirma.asso.fr Title: (Prof./ Dr./ Mr./ Mrs.):..... First Name:..... Last Name:..... Position:... Company:.. Department:... Address: ZipCode:. City: Country: Tel:.. Cell: Assistant s . I will q / will not q attend the meeting on 18 November 2011 I will q / will not q require hotel accommodation for the night of 17 th November 2011 I will q / will not q attend the visit and dinner on 17 November 2011 I will q / will not q require an additional hotel accommodation: night of (See Practical arrangements ) Event's fee: 550 The meeting registration fee covers the cost of meeting facilities, refreshments, dinner and lunches. To be paid by Card (Eurocard, master, Visa, Amex), Cheque or Bank Transfer. Mode of Payment qcard (Eurocard, master, Visa, Amex) Card Number: I I I I I I I I I I I I I I I I I I I I Exp. Date: / Security Code: I I I qcheque qbank Transfer Account N Crédit Industriel et Commercial - 34, avenue Marceau - F Paris Code Banque Code guichet Clé 46 - Domiciliation Paris Marceau IBAN: FR BIC: CMCIFRPP EIRMA, as an association, is not subject to VAT For any further information please contact Ms. Anne-Laure Tanguy, EIRMA Operations Team Tel (0) Fax: + 33 (0) altanguy eirma.asso.fr