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Balancing rights in the European Research Area: the case of ERICs (European Research Infrastructure Consortium)

Ryan, L. ORCID: 0000-0003-2985-3544 (2019). Balancing rights in the European Research Area: the case of ERICs (European Research Infrastructure Consortium). European Intellectual Property Review, 41(4), pp. 218-227.

Abstract

Council Regulation 723/2009 on the Community Legal Framework for European Research Infrastructure Consortium (ERIC) provides for the inclusion of policies, including an intellectual property rights policy, in the statutes of ERICs. The manner in which research infrastructures with ERIC status have responded to this requirement varies. This paper reports findings of a preliminary study of the treatment of intellectual property rights in ERICs (2011- 2018). The tension between the existence of IPRs and their exercise is a familiar one in competition law; the paper suggests that the ‘fifth freedom’ imports this issue into the European Research Area and the balance of rights forms the backcloth of considerations of IPRs and ERICs.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in 'European Intellectual Property Review' following peer review. The definitive published version Ryan, L. (2019). Balancing Rights in the European Research Area: The Case of ERICs. European Intellectual Property Review, 41(4), pp. 218-227, is available online on Westlaw UK or from Thomson Reuters DocDel service .
Subjects: K Law
Departments: School of Arts & Social Sciences > Sociology
URI: https://openaccess.city.ac.uk/id/eprint/22410
[img] Text - Accepted Version
This document is not freely accessible until 30 March 2020 due to copyright restrictions.
Available under License Creative Commons Attribution Non-commercial.

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