Legal Issues related to the development, rollout and exploitation of Field Operational Test of Livin

Legal Issues related to the development, rollout and exploitation of Field Operational Test of Living Labs Hans Bracquené Seminar Living Labs January 267h, 2012

Specific questions complementary to the general FP Consortium Agreements -­‐

Questions related to the organisation of the FOT

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Questions related to the physical platform

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Questions related to the intellectual property rights

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Questions related to the organisation of the test panel

1. Organisation of the FOT

-­‐ Separate Legal Entity?

o Seldom used o Type of Infrastructure? o Intended Life Time?

-­‐ Daily Management and related Powers More complicated legal set-­‐up requesting more interaction with third parties

-­‐ Admission of New Members

o Who decides? o Open character? o Competitors? Cf. competition law o Different Types of Membership?

Members vs. Customers

2. Development, rollout and exploitation

“Classical” R&D complemented by “classical” delivery

Date, acceptance, warranties and liabilities: obligation of result?

Ownership of the platform: by one legal entity or remains with contributors?

Avoid co-­‐ownership

Exploitation: who can commit FOT and/or consortium members?

Price-­‐setting

o contribution of parties need to be reflected o third parties: arm’s length price

3. Intellectual Property Rights

FP7 scheme applicable to R&D part but not adapted for specific questions

Test Results are highly sensitive and product owner will not share them nor grant user rights

Separate category of Foreground: owned by product owner without any further obligation

Product improvement of development using the LL: FP7 scheme in principle applicable but acceptable?

o end phase of product development o attractiveness for third parties of the LL

4. Test Panel

Specific Background and Foreground related to the selection and management of the panel. Specific treatment required?

Relationship with test-­‐user

o Beware: no longer under commercial law but civil law o Keep it simple but be explicit

Non-­‐disclosure agreement

Agreement for the use of the product

o Loan o No warranty, servicing o Liability

Privacy Legislation

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