Conclude contract and conduct flagship

The subsidy contract with Innosuisse
Intellectual property and user rights agreement
Frequently asked questions

The subsidy contract with Innosuisse

The flagship partners must conclude a subsidy contract with Innosuisse. Innosuisse will send the subsidy contract by e-mail. Only after signing and returning the subsidy contract to Innosuisse you can start your flagship in accordance with the agreements in the subsidy contract.

Note: Please inform Innosuisse of the specific date of the start of the flagship by e-mail programme@innosuisse.ch.

Intellectual property and user rights agreement

The provisions of Art. 41 RIPO apply as a minimum. Innosuisse may stipulate that an agreement between the partners going beyond these provisions must be made. Where such a requirement exists, the agreement or only a signed copy of the IPR declaration must be submitted no later than six months after the start of the flagship.

NOTE: As these negotiations are important and can be complex, Innosuisse advises the flagship partners to deal with this issue at an early stage and to have already reached at least an agreement in principle on this issue by the beginning of the application process.

IPR declaration (DOCX, 70 kB, 02.08.2022)

Frequently asked questions

Intellectual property and usage rights agreement

Is it necessary to conclude an IPR agreement for each funded project?

At a minimum, the provisions of Art. 41 of the RIPO (SR 420.11) apply. The project partners are in any case obliged to comply with these regulations when working together. Innosuisse may, however, stipulate that an agreement between the partners going beyond these provisions must be made. Such conditions are required by Innosuisse in the vast majority of approved projects. The project partners must individually negotiate and agree on all arrangements that go beyond the provisions set out in Art. 41 RIPO. Where such a requirement exists, the agreement must be submitted no later than three months after the start of the project.

NOTE: As these negotiations are important and can be complex, Innosuisse advises the project partners to deal with this issue at an early stage and to have already reached at least an agreement in principle on this issue by the time the application process is started.

By when do the documents have to be submitted?

The project partners must submit the required documents concerning intellectual property rights of use at the latest three months after the start of the project.

Is the existence of such an agreement a prerequisite for receiving funding for innovation projects?

If Innosuisse has included such a condition in the subsidy contract, Innosuisse will normally pay out 50 per cent of the promised subsidy funds upon conclusion of the subsidy contract, even if the signed agreement is not yet available. The agreement must be available three months after the start of the innovation project, otherwise the subsidy contract can be terminated by Innosuisse. The detailed provisions are laid down in the subsidy contract.

What content must be included in the regulation?

The minimum content requirements are listed in Art. 41(2) RIPO. The content of any agreement going beyond these provisions will be determined on a case-by-case basis.

Does the law specify which rights the partners must grant one another?

Art. 41(3) to (5) RIPO govern the rights that must be granted to the implementation partners as a minimum.

What rights do the implementation partners have with regard to the rights of use of intellectual property resulting from funded innovation projects?

According to the legal requirements, the implementation partners have at least the right to the free, non-exclusive use and commercialisation of the results of the supported innovation project in the area of their goods and services. The details are set out in Article 41(3) to (5) of RIPO.