Issues of Distribution of Rights to Results of Intellectual Activity within "Megascience" Projects

The concept of intellectual property rights (IP) within the framework of "megascience" projects is based on common international, supranational and national norms in the field of IP. The problem of the distribution of the results of intellectual activity (IA), created within the framework of a "megascience" project, is due to the collective nature of their creation. The IA belongs to both the project participants (team) and the megascience center. Often, the norms of a specific agreement on the creation of intellectual property (IP) solve the issues of distribution of the results of a collective IA. In the case of megascience projects, the norms of the research centers themselves are important, like an agreement between individuals that form the basic principles for the distribution of IA. The form of organization of the research center also affects the distribution of IA results within the framework of megascience projects. Thus, the Institut Laue-Langevin (ILL), which is a national legal entity, makes a distinction in the division of IAs depending on the characteristics of the project and the level of access to research objects, without highlighting the concept of the underlying IP for the ILL. The European Split Source (ESS), an integrated mega-science framework, provides the core IP of the center for research. Such a primary IP can be used under the right of a non-exclusive license by a participant to the project in which the primary IP is used.

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