To employ UU RIP AB and costs for this

Due to organizational and regulatory reasons the university has limited possibilities to fulfil all the obligations applicable to Results that follow from the funding terms. It is therefore necessary to transfer Results to someone that can fulfil these obligations.

The researchers at the university that has originated the Results could, through transfer from the university, be regarded as the owner of the Results. However, it is important to consider if it is reasonable that an individual researcher should have to assume the far-reaching obligations accompanying the Results. Additionally, since the university will still be responsible towards the European Commission for the fulfilments of the obligations, it may convey a risk for the university in case the researcher/Result owner for some reason is not willing or able to follow through on these obligations. In case the head of department nonetheless chooses to have the ownership transferred to the researcher or researchers, it is important that the department observes the procedure regulations for transfer that follow from the funding terms and the consortium agreement and that the new owner/s assume the obligations relating to Results.

As an alternative, the department can transfer the Results to one of the subsidiary companies to the university’s holding company. UU RIP AB has been established for this purpose. A transfer of Results (and obligations) to UU RIP AB comes with a cost. The terms in between the university and UU RIP AB would as a matter of course be regulated in a service purchase agreement, which would include compensation terms.

HE-projects may include funding for exploitation activities and such funding can be used to fund the activities of UU RIP AB. It is therefore important that UU RIP AB’s costs have been included in the project application and the budget. Depending on the nature of the application, I can be advantageous that UU RIP AB has been listed as an entity under the same control (in Horizon 2020 called affiliated entity) to the university in the grant agreement. This enables UU RIP AB to obtain funding through transfer from the university as opposed to acting as a contractor invoicing for IPR-services. Entities under the same control are also often listed in an attachment to the consortium agreement.

The details for the service need to be discussed with UU RIP AB as early as possible, preferably be before the funding terms are set (i.e. already at the time of the project application), if the department decides to utilize UU RIP AB for a HE-project. UU RIP AB can then establish its own relationship with the researchers involved to decide on matters on Results, eventual future revenue etc.

To consider in regard of Results and UU RIP AB

The department needs to plan for how project results are to be handled, preferably already at the time of the funding application. A plan could involve utilizing UU RIP AB. If so, the department needs to consider how the work of UU RIP AB is to be funded and to what extent UU RIP AB should be included in the application. Initial contacts with UU RIP AB should be established as early as possible.