1 Workshop on International R&D and Technology Transfer Contracts – Negotiations, Intellectual Property Rights and Dispute Resolution1 Organized by the WIPO Arbitration and Mediation Center, the Magister Lvcentinvs/Fundación General (University of Alicante) and AIPPI Grupo Español Alicante, Friday, March 11, 2011 Overview The cross-border dimension of R&D and technology transfer often involves a variety of entities and can result in multi-layered R&D relationships involving complex legal, commercial or management issues, including such related to intellectual property rights. To ensure the success of R&D and technology transfer transactions, any related framework including licensing, joint ventures, alliances, spin-offs and buyer-supplier relationships can benefit from a careful choice on dispute resolution which may be considered in contract negotiations at different stages of R&D and technology transfer processes. This workshop will provide an overview of relevant agreements including R&D contracts, material transfer agreements and licensing agreements. Leading professionals from the European Commission, universities, companies, technology transfer offices and law firms will present their experience and best practices. Discussion topics will include the use of model agreements, specific questions arising in projects funded under the Seventh Framework Programme (FP7), commercialization of IP assets and the consequences of choice of law clauses in terms of IP protection and the performance of a contract. The purpose of the workshop is to bring together speakers from industry, universities, research organizations and technology transfer offices to present their extensive experience at the frontline of contract negotiation, drafting R&D agreements, technology transfer and alternative dispute resolution. The meeting is organized by the WIPO Arbitration and Mediation Center, the Magister Lvcentinvs/Fundación General (University of Alicante) and AIPPI Grupo Español. Program The Program will consist of sessions devoted to the following subjects: 1 This Workshop is partially funded by the project granted by the Spanish Ministry of Science and Innovation DER2010-19454 “Aspectos jurídicos de los proyectos y contratos internacionales de I+D de financiación privada y pública”. 2 Agreements in R&D and Technology Transfer: Best Practices and Model Agreements Contract Negotiations, Intellectual Property and Dispute Resolution in International Research Collaborations – Perspectives from Universities, Research Organizations, SMEs and Large Companies Agreements in FP7 Projects – Frequent Questions to the IPR Helpdesk: Contract Negotiations, Project Management, IP and Dispute Resolution Negotiating Royalties - Commercializing Intellectual Property Assets Choice of Law, Jurisdiction and Alternative Dispute Resolution Mechanisms in Technology Transfer IP disputes and related activities Case study – Mediation Related to Royalty Rates Provision of License Agreement under the WIPO Mediation Rules Full program (See below) Who should attend? The workshop is tailored for lawyers, patent and trademark attorneys and representatives from industry, research institutes, universities and public organizations involved in research and development and technology transfer activities. Faculty The faculty for this Workshop will consist of speakers from the European Commission, Fusion for Energy (F4E), industry, universities, law firms, research organizations and technology transfer offices. Workshop Directors Ignacio de Castro (Deputy Director, WIPO Arbitration and Mediation Center) Aurelio Lopez-Tarruella (Lecturer of Private international law, University of Alicante) 3 VENUE TIMETABLE LANGUAGE Salón de Grados de la Facultad de Económicas Friday March 11, 2011. The program will run from 9 a.m. English to 6 p.m. University of Alicante Crta San Vicente del Raspeig, s/n 03690 ALICANTE (SPAIN) Registration and Fee PARTICIPATION REGISTRATION FEE CANCELLATIONS HOW TO APPLY Participation in the Workshop will be limited to 60 persons 125 EURO 75 EURO (special rate for Members of AIPPI, AAAML) If registered participants are unable to attend the workshop for any reason they may substitute someone else from the same organization by arrangement with Escuela de negocios (Fundación General). Escuela de negocios cannot offer a refund of the registration fee. Please send the registration form by fax or e-mail to Escuela de Negocios (Fundación General) (see below) Registration and Contact Details Escuela de Negocios E-mail: escuela.negocios@ua.es Tel.: +34965909373 Fax: +34965909369 Website: http://www.enegocios.ua.es Meals and accommodation Registration fee covers coffee breaks but not meals. The organization does not provide accommodation arrangements, however a special fee for participants in the Workshop has been agreed with Villa Universitaria (http://www.villauniversitaria.com/en), a University residence at walking distance from the venue of the Workshop. Please indicate that you are assisting the Workshop when making the reservation. Other Events Organized by the WIPO Arbitration and Mediation Center WIPO Workshop May 30 and 31, 2011 for Mediators in Intellectual Property Disputes 4 Workshop on International R&D and Technology Transfer Contracts – Negotiations, Intellectual Property Rights and Dispute Resolution Organized by the WIPO Arbitration and Mediation Center, the Magister Lvcentinvs/Fundación General (University of Alicante) and AIPPI Grupo Español Alicante, Friday, March 11, 2011 5 09.00 - 09.10 Welcome Manuel Palomar, Vice-chancellor of Research, University of Alicante Ignacio de Castro, Deputy Director, WIPO Arbitration and Mediation Center 09.10 – 10.10 Agreements in R&D and Technology Transfer: Best Practices and Model Agreements Lorenz Kaiser, Division Director for Legal and Contractual Affairs, FraunhoferGesellschaft Pirjo Welroos, Head of IP-sector, Intellectual Property and Technology Transfer, European Commission, Joint Research Center Raul Bercovitz, Estudio Jurídico Alberto Bercovitz – Abogados 10.10 – 10.40 Coffee Break 10.40 – 11.40 Contract Negotiations, Intellectual Property and Dispute Resolution in International Research Collaborations – Perspectives from Universities, Research Organizations, SMEs and Large Companies Claus Ruetsch, Head Legal Diagnostics, F. Hoffmann-La Roche Ltd Corporate Legal Department Theo Stamatiadis, Centre de Recerça i Investigació de Catalunya (CRIC) Victor Saez, Intellectual Property Officer, Fusion for Energy (F4E) 11.40 – 12.10 Agreements in FP7 Projects – Frequent Questions to the IPR Helpdesk: Contract Negotiations, Project Management, IP and Dispute Resolution Alicia Blaya, SGITT – OTRI, Universidad de Alicante / Former Head of the IPRHelpdesk Legal Department 12.10 – 13.10 13.10 – 14.10 Lunch Break Negotiating Royalties - Commercializing Intellectual Property Assets Francisco Moreno, Technology Transfer Director, Fundación Marcelino Botín Jose Pablo Zamorano, Centro Superior de Investigación Científicas (CSIC), Commercialization Department, Life Sciences Area Colm Ahern, ELZABURU 14.10 – 14.40 14.40 – 15.40 Coffee Break Choice of Law, Jurisdiction and Alternative Dispute Resolution Mechanisms in Technology Transfer IP disputes and related activities Aurelio Lopez-Tarruella, University of Alicante Ignacio de Castro, Deputy Director WIPO Arbitration and Mediation Center Javier Fernández-Lasquetty, ELZABURU 15.40 – 16.00 16.00 – 18.00 Coffee Break Case study – Mediation Related to Royalty Rates Provision of License Agreement under the WIPO Mediation Rules 18.00 – 18.10 Closing Remarks