Joint Ownership of Industrial Property Rights in the Research and Industry Consortium Agreement

Abstract

The main objective of the article is to determine the rights and obligations of the parties to a scientific and industrial consortium agreement in a situation of co-ownership of industrial property rights covering research results. In particular, the analysis covers the impact of the co-ownership of rights on the commercialization of research results and employee entitlements to share in the benefits of such commercialization. The subject of analysis was the European Union law and Polish law. The legal-dogmatic as well as comparative method was used. Normative acts were analyzed, as well as other official documents containing guidelines and instructions for the parties. Examples from practice were also used. In conclusion, the legality of an obligation on the part of the consortium members to subsequently transfer their shares in the joint right to one of them or a third party is pointed out. It has also been established that such an obligation may be preceded by granting a license in favor of a later purchaser of industrial property rights. Moreover, it was underlined that in the light of the regulations in force, employees of Polish higher education institutions who have made an invention within the framework of a project implemented by a scientific and industrial consortium are, as a rule, due remuneration for benefits obtained by the university from commercialization of such research results.