EIC issues call for IP due diligence specialists for grant beneficiaries

Brussels, February 15th 2023
Summary
  • EISMEA launched an expression of interest to create a roster of IP specialists to deliver IP due diligence to beneficiaries of EIC grants.
  • Services are limited to IP rights related to projects covered by EIC grants and will be delivered in English.
  • Applicants must be qualified IP practitioners in at least one EU Member State or EEA country with at least five years of relevant professional experience.
  • Registration via the EUSurvey link creates a vetted list but does not guarantee assignments. Deadline for applications was 29 March 2023.

Call for Expression of Interest: IP due diligence specialists for EIC beneficiaries

The European Innovation Council and SMEs Executive Agency, EISMEA, published a call for expressions of interest on 15 February 2023 to assemble a list of intellectual property specialists who can perform IP due diligence for beneficiaries of EIC grants. The service scope is tightly defined. EISMEA will work with EUIPO expertise and other Commission partners to assign vetted experts from the list to EIC-funded projects in EU Member States and associated countries.

What the call covers

Scope of the IP due diligence service:The service is limited to intellectual property rights that relate directly to projects covered by EIC grants. That means experts assess the IP that underpins an EIC-funded project rather than performing broad, unrelated portfolio audits. EISMEA and EUIPO experts are working together to implement the service.

Who the agency is looking for

EISMEA is building a roster of independent experts who can be called on by EIC beneficiaries. Registration establishes interest and permits vetting. It does not create any entitlement to receive assignments. Assignment offers will depend on business needs, formal checks and the availability of the expert when a beneficiary requests support.

RequirementDetailNotes
Place of business or employmentLocated in an EU Member StateCandidates must have an established presence within the EU
Professional qualificationQualified IP practitioner in at least one EU Member State or EEA countryQualification must be legally recognized
Minimum experienceAt least 5 years professional experienceExperience in one or more specified IP areas required
LanguageEnglish C1 or higherAll IP due diligence services will be conducted in English
Scope of rights coveredTrade marks and patents at national, European and international level at a minimumExperience across a broad range of IP rights is expected
Security clearanceMay be required for assignments involving classified informationObtained from national security authority if needed

Core experience areas requested

IP due diligence:Practical experience performing IP due diligence is central. That includes assessing ownership, chain of title, validity, enforceability, freedom to operate, third party rights and any encumbrances that could affect commercialisation or investment decisions.
IP audit:IP audit experience means being able to map an organisation's IP assets, identify gaps in protection, advise on formalisation of rights and report on risk and value. Audits often combine legal review with business context.
IP pre-diagnostic / IP Scan:Pre-diagnostic services or 'IP Scans' are lighter diagnostic exercises designed to flag priority issues early. They help start-ups and SMEs prepare for deeper due diligence or for negotiations with investors and partners.
Management of IP portfolios and strategy:Experience advising on portfolio management includes strategic decisions on filing, prosecution, maintenance, territorial coverage and alignment with business strategy.
Representation in disputes:Experts should have experience representing clients in IP disputes or advising on dispute risk. This includes litigation, oppositions, nullity actions and administrative proceedings before IP offices and courts.
Commercial contracts counsel:Legal advice on contracts that commercialise IP is expected. Relevant work includes licensing agreements, transfer agreements, collaboration and co-existence arrangements and other commercial contracts that govern exploitation of IP.

Application procedure and deadlines

The call was open from 15 February 2023 and closed on 29 March 2023 at 17:00 CEST. Interested experts were asked to submit an application by completing the EUSurvey form referenced by EISMEA. Applications were used to compile a vetted list of experts. EISMEA stated it would inform applicants about the outcome within four weeks of submission.

From list to assignment:Being listed only expresses interest and allows EISMEA to vet and shortlist candidates. If a beneficiary requests IP due diligence support, EISMEA will contact candidates from the list to propose a specific task and to check their availability. Identity and eligibility checks will be performed before any assignment is confirmed.

Operational and contractual points to note

Applicants accepted onto the list agree to perform any potential assignments in line with quality standards and to respect the Code of Conduct clauses on impartiality and confidentiality. The call text emphasises that registration does not create entitlement to assignments. The call does not, in its published summary, detail remuneration, hourly rates, formats of contracts or the expected workload per assignment. Applicants were advised to check the full call documents for contractual terms.

Language and documentation:All IP due diligence services are conducted in English and experts must demonstrate a C1 level in English. The experience required must cover at least trade marks and patents at national, European and international levels.
Security clearance:If an assignment involves classified information, experts must obtain an appropriate national security clearance from their national security authority. This is a post-selection requirement for specific assignments and not a precondition for being placed on the list.

Context, rationale and practical implications

The European Innovation Council sits at the intersection of high-risk deep tech funding and market scaling support. IP due diligence is a predictable operational need for programmes that combine grants with equity or that prepare beneficiaries for commercialisation and investment. For the EIC, clearer IP positions reduce investment friction and help beneficiaries access follow-on finance. EISMEA's use of a roster model is a pragmatic approach to scale expert access across many Member States.

At the same time, expression of interest calls have limits. Being on a list rarely guarantees steady work. Experts should not assume that accepted candidates will receive regular assignments or that assignments will carry the same terms or fees as one another. The call places responsibility on applicants to meet confidentiality and impartiality obligations and to be available when called. Candidates should also be aware of potential conflicts of interest when advising on IP for entities that may later seek funding or investment from EIC-related programmes.

Practical advice for prospective applicants

Prepare a clear application that documents qualification status in an EU or EEA jurisdiction, lists concrete examples of relevant IP work and highlights experience with due diligence or IP audits linked to funding or investment processes. Be ready to supply evidence during vetting and to provide proof of identity, employment link or contractual relationship with the entity you represent if invited to interviews. If you plan to accept assignments that may involve classified information, check procedures for obtaining national security clearances early.

Contact and further documentation

The call text and any supporting documents were published with the call announcement on the EIC pages of the Europa website. Questions about the process could be sent to EISMEA at EISMEA-E-02@ec.europa.eu. The closing date was 29 March 2023. Applicants were required to use the EUSurvey submission form to register their interest.

Reference and procedural transparency

This notice reflects the information published by EISMEA on 15 February 2023. Applicants and interested parties should consult the official call documents for full contractual terms and any annexes. Calls of this nature are administrative instruments used by EU implementing bodies to build capacity quickly. They are not equivalent to procurement procedures for long term framework contracts. For details on selection criteria, contractual modalities and any potential remuneration, consult the published call document and contact the EISMEA helpdesk.