Innovation procurement

AuthorMichael Jürgen Werner


Michael Jürgen Werner is a senior partner in the Antitrust and Competition practice of Norton Rose Fulbright. He joined Norton Rose Fulbright in 2001 as partner, having been a resident partner in a major German law firm in Brussels since 1995. A German-qualified lawyer by background, he is a member of the German, English and Belgian bar. With almost 30 years of experience, he is a leading advisor and a lecturer at a major international University on competition, state aid, and public procurement law.


This e-presentation provides a comprehensive exploration of the subject of innovation public procurement, focusing on the Commission Guidance on Innovation Procurement, which was officially adopted in June 2021. The guidance serves as a fundamental framework for facilitating innovation within procurement processes.

The presentation delves into various strategies and approaches that can be employed to foster innovation-friendly environments in all types of procurement procedures. These approaches aim to attract innovative solutions and yield mutual benefits for both the buyer and the supplier involved.

One of the central components of the e-presentation is a thorough examination of the key features inherent in specific public procurement procedures that involve the acquisition of Research and Development (R&D) services. These procedures, outlined in the Commission Guidance, outline best practices for engaging with suppliers who specialize in R&D, thereby promoting cutting-edge advancements and breakthroughs in various sectors.

Additionally, the presentation addresses significant considerations related to Intellectual Property Rights (IPR) and State aid. These aspects play a crucial role in innovation procurement, as they govern the ownership, usage, and protection of intellectual assets resulting from the procurement process.

Related documents

Commission notice. Guidance on Innovation Procurement

Report from the Commission. Implementation and best practices of national procurement policies in the Internal

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession...

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