Managing Intellectual Property Rights (IPR) is a crucial part of your ERC project. As a beneficiary, you are expected to engage with the dissemination and exploitation of your project’s results either directly or through another legal entity (e.g. through transfer and licensing).
Similarly, for ERCEA it is important to make sure that the projects’ results are properly protected, if it is possible and sensible to do so. In this context. the 'right to object' is an important component of the management of IPR in EU Framework Programmes for Research and Innovation.
What is the 'right to object' and why is it important?
The 'right to object' is a provision included in your Grant Agreement signed with the ERCEA, allowing the Agency to object to a transfer of IPR to a country outside of the EU or Associated Countries to the EU Framework Programmes for Research and Innovation. The purpose of the 'right to object' is to allow the funding authority (i.e. in the case of your project, the ERCEA) to ensure that research results produced through EU funds remain, for at least a certain period, in the EU, thus supporting the political, economic and strategic interests of the Union, in a context of increasing global competition.
The European Economic Security Strategy (2023) and the EU Competitiveness Compass (2025) have stressed the importance of Research and Innovation in this context - notably in some critical technology areas – and the need to maximise the positive impact that EU funded research and innovation can have on the overall resiliency and strategic autonomy of the Union. Here, together with positive measures aimed at fostering technological and industrial leadership, and strengthening our international partnerships, the EU has stressed the importance of enacting protective measures, notably against undesirable transfers of knowledge and intellectual property, which could pose risks to the general EU’s economic competitiveness but also to its security and strategic interests. The 'right to object' is designed precisely to address this risk.
How does it work?
Notification: Host Institutions have an obligation to notify ERCEA in advance and in detail of any planned transfers or exclusive licences of IPR results produced (fully or partially) during an ERC-funded research project. This obligation is activated on the condition that the (intended) recipient of the results/exclusive licence is established in a non-EU country, which is also not associated to the ERC part of the EU Framework Programmes for Research and Innovation.
The notification must:
Identify the specific results concerned,
Describe in detail the recipient or exclusive licensee and the planned or potential exploitation of the results, and
Include a reasoned assessment of the possible impact of the transfer/exclusive licence on EU interests, in particular regarding competitiveness as well as its consistency with ethical principles and security considerations.
Assessment period: The ERCEA has 60 days to review the request and raise objections, if necessary. During that time, we might contact you to ask for more details or information to help us evaluate your request.
Duration: This obligation to notify the ERCEA applies during the period of the project implementation and up to four years after its completion.
Programme applicability
Horizon 2020: under Article 30.3 of the Grant Agreement, directly implemented in the grant agreements.
Horizon Europe: under Article 16 and Annex 5 of the Grant Agreement, based on the call conditions set in the ERC Work Programmes, applicable as from the ERC Advanced Grant call 2024.
How to notify?
To notify ERCEA, use the EU Funding & Tenders Portal to submit your request. If you do not have access to the Portal, contact the Project Officer assigned to your project via email. Make sure you provide all necessary information, so that we can properly assess your request.
Remember, no transfer or exclusive licence can proceed without our review. Ensuring compliance with these guidelines helps protect the integrity and interests of your ERC project.
