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

Summary/Abstract: The main objective of the article is to determine the rights andobligations of the parties to a scientific and industrial consortiumagreement in a situation of co-ownership of industrial property rightscovering research results. In particular, the analysis covers the impactof the co-ownership of rights on the commercialization of researchresults and employee entitlements to share in the benefits of suchcommercialization. The subject of analysis was the European Unionlaw and Polish law. The legal-dogmatic as well as comparative methodwas used. Normative acts were analyzed, as well as other officialdocuments containing guidelines and instructions for the parties.Examples from practice were also used. In conclusion, the legality ofan obligation on the part of the consortium members to subsequentlytransfer their shares in the joint right to one of them or a third partyis pointed out. It has also been established that such an obligationmay be preceded by granting a license in favor of a later purchaser ofindustrial property rights. Moreover, it was underlined that in the lightof the regulations in force, employees of Polish higher educationinstitutions who have made an invention within the framework of aproject implemented by a scientific and industrial consortium are, asa rule, due remuneration for benefits obtained by the university fromcommercialization of such research results.

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