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Abstract

Research Infrastructures (RI) with the legal status ‘European Research Infrastructure Consortium’ ( ERIC) attract significant public funding and are identified as essential to the effective operation of the European Research Area ( ERA). In January 2023, the number of RIs with ERIC legal status stood at 25, with further RIs at different stages in the application process for ERIC status. ERICs are designated as research infrastructures of ‘pan European relevance’. They operate in accordance with Council Regulation 723/2009, Community Legal Framework for a European Research Infrastructure Consortium. Among other features, an ERIC is required to include ‘basic principles’ of an intellectual property rights (IPRs) policy in its Statutes. How ERICs have addressed this requirement was the subject of preliminary assessments relating to 10, and then 20 ERICs, presented in 2019. This present article revisits the matter of IPR and ERICs, including the additional five ERICs established to January 2023. A number of developments prompted this re-examination, including the policy developments from 2020 to 2022 relating to the European Research Area, to the expected function of RI within the ERA and to the developments in EU industrial policy, as well as to the European data strategy as it relates to IP. The policy mosaic is fast changing but the renewed focus on the socio-economic impact of public investments, on access to data and on the wider goals of internationalisation of research collaborations highlight particular issues that affect ERICs and other pan-European RIs. A further relevant development includes the commitment in the new European Research Area.

( ERA) Policy Agenda of 2020 to revise the EU guidance on intellectual property ( ERA Policy Action 7). This has been operationalised by the establishment of a European Commission Community of Practice (CoP) in developing a Code of Practice for the smart use of intellectual property. This article suggests that ERICs constitute an interest group within such an IP Community of Practice and the current IPR challenges addressed by ERICs merit exploration.

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. (2023). Research Infrastructures with European Research Infrastructure Consortium (ERIC) status: Revisiting the case of ERICs and Intellectual Property Rights in the European Research Area. European Intellectual Property Review, 45(5), pp. 252-265, is available online on Westlaw UK.
Subjects:	J Political Science > JN Political institutions (Europe) K Law > K Law (General) L Education > LB Theory and practice of education > LB2300 Higher Education
Departments:	School of Policy & Global Affairs > Sociology & Criminology

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