Understanding Intellectual Property Fundamentals in Horizon Europe

Intellectual Property (IP), encompassing patents, copyrights, trademarks, and trade secrets, plays a pivotal role in the European Union's Horizon Europe programme, the bloc's flagship research and innovation initiative running from 2021 to 2027 with a budget exceeding €95 billion. This programme funds collaborative projects across universities, research institutions, and industry partners to drive breakthroughs in science, technology, and societal challenges. Effective IP management ensures that innovations generated are protected, commercialized, and shared appropriately, maximizing societal and economic impact.

At its core, Horizon Europe's IP framework promotes 'open as possible, as closed as necessary,' balancing wide dissemination with strategic protection. Beneficiaries retain ownership of results they generate, with access rights granted for project use. This approach, outlined in the Model Grant Agreement (MGA), differs slightly from Horizon 2020 by emphasizing exploitation plans from day one and integrating Open Science principles.

The New Publication Spotlighting IP in Marie Skłodowska-Curie Actions

A fresh factsheet from the European IP Helpdesk, published on November 3, 2025, titled 'IP Management in Horizon Europe Marie Skłodowska-Curie Actions' (MSCA), addresses tailored IP strategies for these mobility-focused projects. MSCA, which supports doctoral and postdoctoral training, represents about 20% of Horizon Europe's funding, fostering over 20,000 researchers annually. The document highlights IP considerations at every stage: from grant preparation, where consortia map background IP, to implementation, protection, and exploitation post-project.

This publication arrives amid growing emphasis on researcher training in IP, as evidenced by calls in the 2026-2027 Work Programme for capacity building in IP management to support Open Science. It provides practical guidance on common agreements like the Consortium Agreement, stressing early IP audits to avoid disputes that plague up to 15% of collaborative projects based on past EU programme data.

Evolution of IP Rules from Horizon 2020 to Horizon Europe

While building on Horizon 2020's foundation, Horizon Europe introduces refinements. Key changes include mandatory IP exploitation strategies in proposals, enhanced focus on pre-commercial procurement, and alignment with the EU Data Strategy for FAIR data principles (Findable, Accessible, Interoperable, Reusable). Unlike H2020, where IP was often an afterthought, Horizon Europe requires a dedicated 'IP Strategy' section in proposals, evaluated for feasibility.

For instance, Article 16 of the MGA mandates exploitation plans, while Article 17 encourages protection. Joint ownership is default for jointly generated results unless otherwise agreed, simplifying multi-partner scenarios common in university-led consortia.

Developing a Robust IP Strategy: Step-by-Step Guide

Crafting an IP strategy starts pre-proposal. Step 1: Inventory background IP – knowledge brought into the project. Step 2: Foresee foreground IP – new results. Step 3: Define protection routes (patents cost €20,000-50,000 EU-wide). Step 4: Plan dissemination vs. exploitation. Step 5: Draft Consortium Agreement clauses on licensing.

• Conduct IP Audit: Map assets with tools like Horizon IP Scan, a free EU service aiding 500+ SMEs since 2023 in identifying exploitable IP.
• Protection Decisions: Patent if commercial potential high; publish openly for academic impact.
• Access Rights: Royalties-free for project use, negotiable for exploitation.
• Exit Strategy: Continuous IP review every 12 months.

Protection and Exploitation Mechanisms in Practice

Protection under Horizon Europe includes patents (EPO filings up 10% in R&I sectors), software copyrights, and trade secrets via NDAs. Exploitation involves licensing, spin-offs, or market entry. Success stories include Horizon projects yielding 1,500+ patents annually, with €2.5 billion in follow-on investment.

Universities like KU Leuven have spun out 20+ companies from Horizon funds, emphasizing tech transfer offices (TTOs). The EU's Guide to IP Management details licensing models: exclusive for startups, non-exclusive for broad impact.

Photo by Yen Vu on Unsplash

Balancing Open Science and IP: The IP4OS Initiative

The IP4OS project, launched January 2025 with €3 million Horizon funding, exemplifies integration. Coordinated by Kiel University, it trains teams on 'IP-enabled Open Science,' producing toolkits for FAIR data while protecting core IP. Early surveys show 70% of researchers struggle with this balance; IP4OS aims to close gaps via MOOCs and pilots.

This responds to 2026-27 Work Programme calls for IP-OS capacity building, ensuring Europe leads in responsible innovation.

Challenges: Disputes, Costs, and Enforcement

Common pitfalls include undefined joint IP ownership (30% of disputes) and overlooked background IP licensing. Costs: patent validation across 38 EPC states averages €30,000. Enforcement via national courts or EUIPO, but mediation via IP Helpdesk resolves 80% amicably.

• Joint Ownership Risks: Equal rights lead to paralysis; specify decisions in Consortium Agreement.
• SME Vulnerabilities: IP Scan helps, but only 25% utilize it.
• Brexit Impact: UK partners need explicit access rights.

Real-World Case Studies from Horizon Projects

In the WATERAGRI project, partners patented sensor tech for precision irrigation, licensing to agrotech firms yielding €5 million revenue. Another, AMUlet-H2020 (precursor), used IP strategy for antimicrobial coatings, now in clinical trials. These underscore TTO involvement from proposal stage boosts success 3x.

Recent MSCA networks report 40% higher patent filings with dedicated IP training.

2026-2027 Work Programme: IP Priorities Ahead

The adopted 2026-27 programmes (€14 billion) prioritize deep-tech IP, with clusters like Digital and Health mandating exploitation roadmaps. New calls fund IP audits and OS-IP tools, projecting 2,000+ startups from results.

Implications for European Universities and Researchers

For higher education, Horizon IP rules align with ERC grants' flexibility, but collaborative pillars demand multi-stakeholder buy-in. Universities should bolster TTOs; 60% of IP value from HEIs. Researchers gain career boosts via patents (cited in 50% promotions).

For more on academic careers, explore EU research positions.

Photo by Markus Winkler on Unsplash

Actionable Insights and Best Practices

• Integrate IP officer in consortium from proposal.
• Use EU IP Helpdesk free services early.
• Train on MGA Articles 16-28.
• Monitor via Horizon Dashboard for exploitation metrics.
• Leverage IP4OS resources for OS compliance.

By prioritizing IP, Horizon participants can transform ideas into impact, securing Europe's innovation edge.