licenses and user rights to Knowledge or Pre-existing know-how
the direct or indirect utilisation of Knowledge in research or for developing, creating and marketing a product, process or a service
a Contractor’s interest of any kind, must prove that failure to take account will result in proportionately great harm.
Ownership of Knowledge
Knowledgeshall be the property of the Contractor carrying out the work leading to that Knowledge. ==> This is the Basic Rule
Where several Contractorshave jointly carried out work and share of work cannot be ascertained, they shall have joint ownership. The Contractorsshall agree amongst themselves terms of exercising joint ownership ==> How ? ==> Consortium Agreement
If personnel working for a Contractor claim rights, the Contractor shall reach agreements to ensure rights can be exercised compatible with obligations under Contract. ==> How ? ==> Consortium Agreement
Protection of Knowledge (1)
Protection of Knowledge is mandatory if it is capable of industrial/commercial application.
The Owner shall provide adequate and effective protection.
If this is not done, the Commission may step in and take on such obligations. If so, the participant loses its rights in it. ==> Participants (incl.Universities !) shall protect Knowledge
Protection of Knowledge (2)
A contractormay publish Knowledge it owns, if this does not affect the protection of that Knowledge.
The Commissionand the other contractorsshall be given 30 days prior written notice.
If they request, a copy of this data shall be communicated to them within 30 days after receipt of such notice.
Theymay object within 30 days after receipt of the data
Publication shall be suspended until end of consultation period
In the absence of any objection within the above-mentioned period, it is deemed that they agree ==> Frequently a cause for strain in projects !
TheCommission may object to the grant of Access Rightsto third Parties (only exceptional cases)
Incompatible or Restrictive Commitments
Contractorsshall be informed as soon as possible by the contractor required to grant Access Rights of any limitations to the granting of Access Rightsor of any restriction which might substantially affect the granting of Access Rights
==> Important, may lead to serious conflicts in projects
Rules have been simplified
Same rules apply to all Instruments (IP, NoE, STREP, etc.)
Same rules apply to all classes of Participants (all are Contractors) (With some exceptions for CRAFT / Collaborative / Cooperative R&D)