Lawyers working together at SMM Legal. For the last several years, they have assisted the Polish National Centre for Research and Development as its legal advisors, working on the creation of a legal path for pre-commercial procurement in the field of green innovations.
Their fruitful cooperation with the NCRD has resulted in a model being a base for eleven procurements. Each of the procurement aims at a groundbreaking technology supporting the targets of the European Green Deal. Their input was to create a package of non-standard legal solutions for green innovative procurements, inter alia by efficiently using R&D exceptions. It was used to help the main Polish innovation agency to mitigate the legal risks, especially in the field of public procurement, state aid, intellectual property and other contractual aspects. Their legal documentation, including some options enabling its adjustments to technology specifics, is like a digital application. It helps – step by step - to travel from the need to the creation of an innovation for the procurer by the market.
The model co-created may be used for multiple different innovations as an universal bridge over the abyss of legal problems in the procurement for R&D services, including the cooperation of various public and private entities to ensure the synergy effect.