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JOINT RESEARCH UNITS AND NATIONAL GRID INITIATIVES:
What
is a JRU?
JRU
means a partnership between legal entities and without
legal entity of its own, with the following characteristics:
- scientific
and economic unity
- “permanent” character
(i.e. not one-off or project specific)
- recognised by a public authority
The
partnership is based on an agreement (e.g. French contract
quadrennial/multi year arrangement for CNRS/ or ad hoc agreement) and has
no legal status. JRU are usually formed between entities
of the same nationality but can exist between entities
with different nationality (e.g. French/Chilean UMR between
CNRS and a Chilean university). JRU are usually formed
between public bodies, but may also be established between
public bodies and private companies.
What
is an NGI?
There
is no unique definition for an NGI however, the
following are some definitions of what an NGI could be:
eIRG White Paper Version 1.2, 30/6/2006
National
Grid Initiative:
“The national entity responsible for
providing Grid access and services to the research and
education community.”
eIRG White
Paper Version 1.6 22 August 2005
National Grid
Initiative:
“A governance model to guide Grid infrastructure deployment and operation at
country level in an application-neutral way.”
EGEE-II NA5 Status and Perspectives of National Grid Initiatives Deliverable
National Grid Initiative:
“A legally established organisation per
country which has the potential to technically and/or financially
coordinate the national Grid activities in that country
or region and to contribute to the European Grid Initiative
tasks.”
SEE-GRID-1 Policy Workshop: A roadmap for establishing
National Grid Initiatives
National
Grid Initiative:
“Concertated efforts taken at National level in order
to deploy, operate, and expand grid infrastructures in a coherent and coordinated
way. This usually involves the physical (network) and policy based (e.g. AAA)
inter-connection and inter-operation of multiple research and academic organizations
(resource centers) under an umbrella of a national programme aiming to integrate
the available resources in order to establish an e-Infrastructure for the benefit
of the society at large.”
SEE-GRID-2 Sustainable Organisational and
Operational Approach Deliverable
National
Grid Initiative:
"NGI is an open consortium of legal entities or a legal entity acting on
their behalf that, for the benefit of research and education community, coordinates,
promotes and implements Grid activities at the National level, focusing on Grid
deployment and operations, according to a National strategy / research and deployment
programme for this field."
Useful links:
SEE-GRID-2
Deliverable on Regional and National Organizational and Policy
Schemes
SEE-GRID-2
Sustainable Organisational and
Operational Approach
eIRG Task Force Report on Sustainable e-Infrastructures
EGEE07
Conference, SEE-GRID-2 Regional Grid projects concertation workshop,
NGI presentations
Intellectual
Property Helpdesk
II-
INTELLECTUAL PROPERTY IN FP7:
What is Intellectual Property?
Intellectual
Property refers to creations of the mind: inventions, literary
and artistic works, and symbols, names, images, and designs
used in commerce.
What
are Access Rights?
Access
Rights means licenses and user rights in respect of knowledge
and pre-existing know-how which arise in connection with
the project. They can be granted free of charge, under preferential
conditions, or under market conditions, according to the
type of partner (SME contractors and RTD Performers) and
to the use to which the knowledge will be put (to carry out
the project or for its exploitation). "The granting
of Access Rights is subject to the conclusion of specific
agreements aimed at ensuring that they are used only for
the intended purpose and appropriate confidentiality agreements.”
What
is Background?
Pre-existing
know how is now referred to as Background. In FP6 all background
and side ground were included as IPR that parties to the Consortium
Agreement had access to. In FP7 the side ground is eliminated
and Parties can use a positive list approach if some of the
side ground IPR is needed to perform a specific function
What
is Foreground?
Knowledge
is now referred to as Foreground. This is all knowledge
that is to be generated during the duration of the Consortium
Agreement.
What
is Side ground?
This
is information developed parallel to the project not part
of the Background.
What
is a Default Joint Ownership Regime?
If
partners do not have a joint ownership regime the EC has
introduced a default joint ownership regime where the joint
owners can grant a non exclusive license to third parties
without any rights to sublicense subject to prior notice
and fair and reasonable compensation to the joint owners.
What
are the new dimensions to Use & Dissemination?
Publication
is now included within the dissemination activity, therefore
gaining coherence. Participants are obliged to notify other
participants before any dissemination activity. Objection
is possible if they consider that their legitimate interests
in relation to their foreground or background could be affected.
There is a lot of room for the regulation of procedures in
the consortium agreement.
How
have Access Rights been simplified?
The
question of exclusion of background is dealt with in a simple
way, leaving participants to "define the background
needed" for the purpose of the project, and "where
appropriate, exclude specific background".
III
- MEMORANDUM OF UNDERSTANDING:
Definition:
What is an MoU?
An Memorandum
of Understanding (MoU) is a written agreement that clarifies
relationships and responsibilities between two
or more parties that share services, clients, and resources.
Why
is it important to have an MoU?
An MoU can
strengthen the ability of two or more parties to mutually solve
problems. Participating parties benefit from the
interchange of ideas and practices.
What is actually included in an MoU?
MoUs cover a variety of issues and topics. Each party needs
to contribute to the process of drafting an MoU. Effective MoUs
can be as short as one page or quite lengthy. In general, MoUs
should address the following:
o The purpose of this MoU (Defines the scope)
o Clarification of roles
o Perimeters of confidentiality
o Liaison/coordination
o Process for resolving conflict
o Periodic review of the MoU (monitoring and follow-up through
specification of milestones)
o Effective date, duration, amendment and termination
The MoU may also include
o Participating parties fact sheets as annex
o Required reports associated with the milestones
o Joint participation in technical (e.g. data challenge)
or dissemination activities
What are the essential ingredients of a useful and effective
MoU?
The MoU is used when both parties do not want to pursue a contract
that is legally binding (generally). Formal contracts can be
intimidating therefore MoUs are the better option. However it
can be used to regulate the relationship between parties. Generally
MoUs are not enforceable however some clauses of MoUs can be
enforceable. It is therefore advised to seek legal counsel on
the enforceability of specific clauses.
MoUs used for institutes as well as for commercial partners
will depend on the interests of both parties. Depending on how
vague the MoU is it can be quite difficult to enforce. Some of
the things to keep in mind for the MoUs are:
o Why the MoU?
o What do we want to achieve with the MoU?
o When there is a problem how do we deal with it?
o How can the MoU be enforced?
o What are the clauses that count that an arbitrator if
in dispute can read as intent?
Why EGEE is establishing an MoU with other projects?
EGEE will establish MoUs with other projects to facilitate
and strengthen the collaboration between them. The
MoU will identify areas of collaboration, clarify roles and
commitments
from parties involved and agree on a joint programme
of work.
* MoU
template
* FP6, FP7 and regional projects with which EGEE-III will
draw up Memoranda of understanding
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