guidelines for iprs - cordis...grant agreement number: project acronym: robot-era project title:...

Grant Agreement number:

Project acronym: Robot-Era

Project title: Implementation and integration

intelligent Environments in real scenarios for ageing

Funding scheme: Large-sca

Call identifier: FP7-ICT-2011.7

Challenge: 5 – ICT for Health, Ageing Well, Inclusion and Governance

Objective: ICT-2011.5.4 ICT for Ageing and Wellbeing

Project website address: www.robot

Guidelines for

Due date of deliverable: 3

Actual submission date:

Start date of project: 01/01/2012

Organisation name of lead contractor forDeliverable author: Fabrizio Vecchi

Project co-funded by the European Commission within the Seventh Framework

PU Public

PP Restricted to other programme participants

RE Restricted to a group specified by the consortium (including the Commission Service)

CO Confidential, only for members of the consortium (including the Commission Service)

Grant Agreement number: 288899

Era

Implementation and integration of advanced Robotic systems and

intelligent Environments in real scenarios for ageing

scale integrating project (IP)

2011.7

ICT for Health, Ageing Well, Inclusion and Governance

2011.5.4 ICT for Ageing and Wellbeing

www.robot-era.eu

D9.1

Guidelines for IPRs

Due date of deliverable: 30/06/2012

Actual submission date: 15/06/2012

01/01/2012 Duration:

Organisation name of lead contractor for this deliverable: TeD erable author: Fabrizio Vecchi, Sebastian Glende

funded by the European Commission within the Seventh Framework

Programme (2007-2013)

Dissemination Level

Restricted to other programme participants (including the Commission Service)

Restricted to a group specified by the consortium (including the Commission Service)

Confidential, only for members of the consortium (including the Commission Service)

of advanced Robotic systems and

intelligent Environments in real scenarios for ageing population

ICT for Health, Ageing Well, Inclusion and Governance

Duration: 48 months

Version: 2.4

funded by the European Commission within the Seventh Framework

(including the Commission Service)

Restricted to a group specified by the consortium (including the Commission Service) Confidential, only for members of the consortium (including the Commission Service) X

File name: Robot_era_D9.1_IPRs_rev2.4_20121203Leader contractor: TeD

Document History

Version Date

1.0 11-06-2012 Fabrizio Vecchi

1.1 12-06-2012 Sebastian

Glende (YOUSE)

2.0 14-06-2012 Fabrizio Vecchi

2.1 15-06-2012 Sebastian

Glende (YOUSE)

2.2 15-06-2012 Vecchi (TED)

2.3 26-11-2012 Filippo Cavallo

2.4 3-12-2012 Fabrizio

D9.1 – Guidelines for

Robot_era_D9.1_IPRs_rev2.4_20121203

Document History

Author Summary of Main

Fabrizio Vecchi

(TeD) Editing of the version 1

Sebastian

Glende (YOUSE)

Comments and request of integrations in

Executive Summary and Sections 1, 2, 3, 4

Fabrizio Vecchi (TeD)

Integration of additional contents as requested by the WP Leader

Sebastian

Glende (YOUSE) Approval of 2.0 by the WP Leader

Fabrizio

Vecchi (TED) Final submitted version

Filippo Cavallo

(SSSA)

Request to clean the document

and highlighted new text

Fabrizio Vecchi (TeD)

Cleaned version of the document

Guidelines for IPRs

of 18

Summary of Main Changes

Editing of the version 1

Comments and request of integrations in

Executive Summary and Sections 1, 2, 3, 4

additional contents as requested by the WP Leader

Approval of 2.0 by the WP Leader

Final submitted version

document from comments

and highlighted new text

Cleaned version of the document


Table of Contents

Document History ................................

Table of Contents ................................

Executive Summary ................................

List of Figures ................................

Glossary ................................

1 Introduction................................

2 Methodological approach

3 Role of the Exploitation, Dissemination, and IPR Manager (EDIM) ................................

4 Rules and procedures for Foreground management

4.1 Joint ownership ................................

4.1.1 Use of jointly owned Foreground

4.2 Protection of Foreground

4.2.1 Protection of joint

4.3 Transfer of Foreground

4.4 Dissemination of project results

4.4.1 Publication procedure

4.4.2 Publication of anot

4.4.3 Cooperation obligations

4.4.4 Use of names, logos or trademarks

5 Access Rights to Background and Foreground

5.1 Background covered ................................

5.2 General Principles ................................

5.3 Access Rights for implementation

5.4 Access Rights for Use

5.5 Access Rights for Affiliates

5.6 Additional Access Rights

5.7 Access Rights for Parties entering or leaving the Consortium

5.7.1 New Parties entering the Consortium

5.7.2 Parties leaving the Consortium

5.8 Specific Provisions for Access Rights to Software

6 Confidential information



Table of Contents

................................................................

................................................................

................................................................

................................................................

............................................................................................

................................................................

Methodological approach ..........................................................

Role of the Exploitation, Dissemination, and IPR Manager (EDIM)................................................................................................

Rules and procedures for Foreground management

............................................................................................

Use of jointly owned Foreground ..........................................................

Protection of Foreground ................................................................

Protection of jointly owned Foreground ................................

Transfer of Foreground ................................................................

Dissemination of project results ................................................................

Publication procedure ................................................................

Publication of another Party’s Foreground or Background .......................

Cooperation obligations................................................................

Use of names, logos or trademarks ................................

Access Rights to Background and Foreground ........................

................................................................

.......................................................................................

Access Rights for implementation ................................................................

................................................................

Access Rights for Affiliates ................................................................

Additional Access Rights ................................................................

r Parties entering or leaving the Consortium ............................

New Parties entering the Consortium ................................

Parties leaving the Consortium............................................................

Specific Provisions for Access Rights to Software ................................

Confidential information .........................................................

Guidelines for IPRs

of 18

............................................. 2

.............................................. 3

.......................................... 5

................................................... 6

............................ 7

.............................................. 8

.......................... 8

Role of the Exploitation, Dissemination, and IPR Manager (EDIM)................................. 9

Rules and procedures for Foreground management .................. 9

............................ 9

.......................... 9

..............................................10

................................................11

................................................12

....................................13

........................................13

.......................14

......................................14

.....................................................14

........................ 14

....................................................14

.......................14

..................................15

..................................................15

............................................15

...............................................16

............................16

...................................................16

............................16

.............................................16

......................... 16


7 Website organization



Website organization ..............................................................

Guidelines for IPRs

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.............................. 17


Execut ive Summary

The Robot-Era exploitation activities will include the identification of opportunities for services

and technology transfer in industry and in society. All partners taking part in the project will be

involved and will be allowed to co

to the project. The plans for industrial exploitation of the results will be drawn up to inform the

relevant scientific, and industrial, robotics communities.

The patenting of novel technological research results (Foreground) is al

Patents will make the new technology developed in Robot

protecting the IPRs of the consortium, and

academic and industrial research but also

With regard the exploitation, MoP, TeD, ORU and LG

exploit the Robot-Era infrastructures after the end of the project offering

worldwide robotics community as pilot sets for other expe

offer the unique service to certificate the dependability of service robots and to carry out panel

test with skilled users.

The Grant Agreement and the Consortium Agreement already include all the rules regarding

the Background, the Foreground, the Access Rights, the Non

Dissemination.

The present deliverable summaries such rules to define the guidelines for IPRs of the Robot

Era Project.

It is important to point out that in case the

Agreement or the Consortium Agreement, the terms of the duly signed agreements shall

prevail.



Execut ive Summary

exploitation activities will include the identification of opportunities for services


involved and will be allowed to co-operate with partners, companies and organisations external



The patenting of novel technological research results (Foreground) is al

Patents will make the new technology developed in Robot-Era publicly available, while still

of the consortium, and will support the impact of the project not only

academic and industrial research but also in industrial development.

MoP, TeD, ORU and LG have already expressed their intention to

Era infrastructures after the end of the project offering

worldwide robotics community as pilot sets for other experimentations. In fact, Robot

the unique service to certificate the dependability of service robots and to carry out panel


ackground, the Foreground, the Access Rights, the Non-Disclosure of information, and the

The present deliverable summaries such rules to define the guidelines for IPRs of the Robot

It is important to point out that in case these guidelines are in conflict with the Grant


Guidelines for IPRs

of 18

exploitation activities will include the identification of opportunities for services


d organisations external


The patenting of novel technological research results (Foreground) is also very important.

Era publicly available, while still

will support the impact of the project not only in

have already expressed their intention to

Era infrastructures after the end of the project offering them to the

rimentations. In fact, Robot-Era will

the unique service to certificate the dependability of service robots and to carry out panel


Disclosure of information, and the

The present deliverable summaries such rules to define the guidelines for IPRs of the Robot-

se guidelines are in conflict with the Grant



L ist of F igures

Figure 1. Protection procedure: in case of patentable result, the owner/s shall follow a precise procedure that ends with the report to the EC about filed patent or a right to use and to grant nondecision about the ownership. ................................Figure 2. Publication procedure. ................................



: in case of patentable result, the owner/s shall follow a precise procedure that ends with the report to the EC about filed patent or a right to use and to grant non-exclusive licenses or a EC

................................................................................................................................................................................................

Guidelines for IPRs

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: in case of patentable result, the owner/s shall follow a precise procedure that exclusive licenses or a EC

......................................................... 10

...................................................... 13


Glossary

� "access rights" means licences and user rights to foreground or background;

� "affiliated entity" means any legal entity that is under the direct or indirect control of a

beneficiary, or under the same direct or indirect control as the beneficiary, control

taking any of the following forms:

� "associated country" means a third country which is party to an international agreement

with the Union, under the terms or on the basis of which it makes a financial

contribution to all or part of the Seventh Framework Programme;

� "background" means information which is held by beneficiaries prior to their accession

to this agreement, as well as copyrights or other intellectual property rights pertaining

to such information, the application for which has been filed before their accession to

this agreement, and which is needed for carrying out the project or for using

foreground;

� "dissemination" means the disclosure of foreground by any appropriate means other

than that resulting from the formalities for protecting it, and including the publication

foreground in any medium;

� "fair and reasonable conditions" means appropriate conditions including possible

financial terms taking into account the specific circumstances of the request for access,

for example the actual or potential value of the foregr

access is requested and/or

envisaged;

� "foreground" means the results, including information, whether or not they can be

protected, which are generated under the project. Su

copyright; design rights; patent rights; plant variety rights; or similar forms of

protection;

� "irregularity" means any infringement of a provision of European Community and

European Union law or any breach of obligatio

beneficiary which has, or would have, the effect of prejudicing the

European Union or budgets managed by it through unjustified

� "third country" means a State that is not a Member S

� "use" means the direct or indirect utilisation of foreground in further research activities

other than those covered by the project, or for developing, creating and marketing a

product or process, or for creating and providing a service;

a) the direct or indirect holding of more than 50% of the nominal value of the

issued share capital in the legal entity concerned, or of a majority of the voting

rights of the shareholders or

b) the direct or indirect holding, in fact or in law, o

legal entity concerned.



licences and user rights to foreground or background;

"affiliated entity" means any legal entity that is under the direct or indirect control of a


wing forms:

"associated country" means a third country which is party to an international agreement

, under the terms or on the basis of which it makes a financial

contribution to all or part of the Seventh Framework Programme;

eans information which is held by beneficiaries prior to their accession

agreement, as well as copyrights or other intellectual property rights pertaining

information, the application for which has been filed before their accession to

and which is needed for carrying out the project or for using

"dissemination" means the disclosure of foreground by any appropriate means other

resulting from the formalities for protecting it, and including the publication

any medium;

"fair and reasonable conditions" means appropriate conditions including possible

terms taking into account the specific circumstances of the request for access,

actual or potential value of the foreground or background to which

access is requested and/or the scope, duration or other characteristics of the use

"foreground" means the results, including information, whether or not they can be

which are generated under the project. Such results include rights related to

rights; patent rights; plant variety rights; or similar forms of

"irregularity" means any infringement of a provision of European Community and

European Union law or any breach of obligation resulting from an act or omission by a

beneficiary which has, or would have, the effect of prejudicing the general budget of the

European Union or budgets managed by it through unjustified expenditure;

"third country" means a State that is not a Member State;

"use" means the direct or indirect utilisation of foreground in further research activities

than those covered by the project, or for developing, creating and marketing a

process, or for creating and providing a service;

r indirect holding of more than 50% of the nominal value of the

capital in the legal entity concerned, or of a majority of the voting

rights of the shareholders or associates of that entity;

the direct or indirect holding, in fact or in law, of decision-making powers in the

entity concerned.

Guidelines for IPRs

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licences and user rights to foreground or background;

"affiliated entity" means any legal entity that is under the direct or indirect control of a


"associated country" means a third country which is party to an international agreement

, under the terms or on the basis of which it makes a financial

eans information which is held by beneficiaries prior to their accession

agreement, as well as copyrights or other intellectual property rights pertaining

information, the application for which has been filed before their accession to

and which is needed for carrying out the project or for using

"dissemination" means the disclosure of foreground by any appropriate means other

resulting from the formalities for protecting it, and including the publication of

"fair and reasonable conditions" means appropriate conditions including possible

terms taking into account the specific circumstances of the request for access,

ound or background to which

the scope, duration or other characteristics of the use

"foreground" means the results, including information, whether or not they can be

ch results include rights related to

rights; patent rights; plant variety rights; or similar forms of

"irregularity" means any infringement of a provision of European Community and

an act or omission by a

general budget of the

expenditure;

"use" means the direct or indirect utilisation of foreground in further research activities

than those covered by the project, or for developing, creating and marketing a

r indirect holding of more than 50% of the nominal value of the

capital in the legal entity concerned, or of a majority of the voting

making powers in the


1 Introduct ion

The Robot-Era exploitation activities will include the identification of opportunities for services

and technology transfer in industry and in society. All partners taking part in the

involved and will be allowed to co


relevant scientific, and industrial, robotics


Patents will make the new technology developed in Robot

protecting the IPRs of the consortium, and will support the


With regard the exploitation, MoP, TeD, ORU and LG have already expressed their intention to

exploit the Robot-Era infrastructures after the end of the



test with skilled users.


the Background, the Foreground, the Access Rights, the Non

Dissemination.

IPR measures to protect patentable knowledge will include:

� Licence model for developed software and libraries (middleware). Possible solutions

are:

� Berkeley Software Distribution (BSD) licence, a permissive free software licenses

� Lesser General Public License (LGPL) licence,

libraries

� Exploitation and dissemination management

� Agreement about rules for dissemination activities (i.e. publications of results).

� Website organization with different levels of reserved area

� Assessment of potential commercializ

� Liability, indemnification and confidentiality arrangements between the partners

(approved in the CA)

� Confidentiality agreement with users

of secrecy

� Management of joint inventions

The following sections present the details of the measures listed above.

2 M et h o d o l o g i ca l a p pr o ac h

The present guidelines for IPRs have been defined by integrating the contents of

Agreement, Annex II, Articles 2

8-10, to synthesize in a document the istruction

guidelines are in conflict with the Grant Agreement or the Consortium Agreement, the terms of

the duly signed agreements shall prevail.

The role of EDIM has been writing by updating the description included in the management

structure of Part B, and the website organization has been agreed during the plen

meetings.



Era exploitation activities will include the identification of opportunities for services

and technology transfer in industry and in society. All partners taking part in the

involved and will be allowed to co-operate with partners, companies and organisations external




Patents will make the new technology developed in Robot-Era publicly available, while still

protecting the IPRs of the consortium, and will support the impact of the project not only in



Era infrastructures after the end of the project offering them to the



t Agreement and the Consortium Agreement already include all the rules regarding

the Background, the Foreground, the Access Rights, the Non-Disclosure of information, and the

IPR measures to protect patentable knowledge will include:

e model for developed software and libraries (middleware). Possible solutions

Berkeley Software Distribution (BSD) licence, a permissive free software licenses

Lesser General Public License (LGPL) licence, primarily used for software

on and dissemination management to avoid premature dissemination

Agreement about rules for dissemination activities (i.e. publications of results).

Website organization with different levels of reserved area

Assessment of potential commercialization

Liability, indemnification and confidentiality arrangements between the partners

Confidentiality agreement with users and experimenters to ensure the necessary level

Management of joint inventions

sections present the details of the measures listed above.

ca l a p pr o ac h

The present guidelines for IPRs have been defined by integrating the contents of

26-30 with the contents of the Consortium Agreement

10, to synthesize in a document the istructions to protect IPRs. Of course,


the duly signed agreements shall prevail.

een writing by updating the description included in the management

structure of Part B, and the website organization has been agreed during the plen

Guidelines for IPRs

of 18

Era exploitation activities will include the identification of opportunities for services


operate with partners, companies and organisations external



Era publicly available, while still

impact of the project not only in


project offering them to the

worldwide robotics community as pilot sets for other experimentations. In fact, Robot-Era will


t Agreement and the Consortium Agreement already include all the rules regarding

Disclosure of information, and the

e model for developed software and libraries (middleware). Possible solutions

Berkeley Software Distribution (BSD) licence, a permissive free software licenses

primarily used for software

to avoid premature dissemination

Agreement about rules for dissemination activities (i.e. publications of results).

Liability, indemnification and confidentiality arrangements between the partners

to ensure the necessary level

The present guidelines for IPRs have been defined by integrating the contents of Grant

30 with the contents of the Consortium Agreement, Sections

to protect IPRs. Of course, in case these


een writing by updating the description included in the management

structure of Part B, and the website organization has been agreed during the plenary


3 Role of the Explo i tat ion, Disseminat ion, and

IPR Manager (EDIM)

The Exploitation, Dissemination and IPR Manager (EDIM)

responsible for Exploitation and Dissemination Management and for IPRs Issues.

have to inform the EDIM about possible patentable foreground, dissemination activities, and,

more in general, about all the results and activities regarding with exploitation, dissemination

and intellectual proprierty rights.

structured process to ensure the necessary steps are taken to protect the foreground IPRs

Figure 1). To ensure adequate dissem

Project Manager, will update the project website with controlled password protected access for

the consortium members and will monitor the implementation of the specific procedure (see

Figure 2). The EDIM will also be responsible for writing and agreeing a formal Exploitation

Plan. This plan, to be agreed by the S

arrangements and protection of the intellectual property generated within the project, as well

as formalise methods for disseminating project results. The EDIM will maintain a draft version

of the Exploitation Plan, and keep it updated with progress and intention

collaboration with the companies involved (ST

academic spin-off companies. The SC will regularly be informed of progress and suggestions

for revisions to the plan.

4 Rules and procedures for Fore

management

Regarding Foreground, Grant Agreement Article II.26.

additions described in the following sub

4 . 1 J o i n t owne r s h i p

Foreground shall be the property of the beneficiary carrying out the work

foreground. Where several beneficiaries have jointly carried out work generating foreground

and where their respective share of the work cannot be ascertained, they shall have joint

ownership of such foreground and

sections 4.1.1 and 4.2.1.

4.1.1 Use of jointly owned Foreground

When a joint invention is generated, joint owners must conclude a joint ownership agreement

in order to define use and exploitation conditions of the joint ownership Foreground, before

filing the patent.

1 The joint owners may of course agree not to continue with joint ownership but decide on an alternative regime

(for example, a single owner with access rights for the other



Role of the Explo i tat ion, Disseminat ion, and

IPR Manager (EDIM)

n and IPR Manager (EDIM) is Fabrizio Vecchi (TeD) and he is

responsible for Exploitation and Dissemination Management and for IPRs Issues.



and intellectual proprierty rights. All foreground knowledge will undergo a thorough and

structured process to ensure the necessary steps are taken to protect the foreground IPRs

. To ensure adequate dissemination of project results, the EDIM, together with

, will update the project website with controlled password protected access for

and will monitor the implementation of the specific procedure (see

. The EDIM will also be responsible for writing and agreeing a formal Exploitation

Plan. This plan, to be agreed by the Steering Committee (SC), will cover licensing

ments and protection of the intellectual property generated within the project, as well


of the Exploitation Plan, and keep it updated with progress and intention

collaboration with the companies involved (ST-I, MLAB, RT, TeD) and the (potential) new

off companies. The SC will regularly be informed of progress and suggestions

Rules and procedures for Fore

Regarding Foreground, Grant Agreement Article II.26. - Article II.29. shall apply with the

additions described in the following sub-sections

J o i n t owne r s h i p

Foreground shall be the property of the beneficiary carrying out the work



and use and protection of jointly owned Foreground are ruled

jointly owned Foreground

When a joint invention is generated, joint owners must conclude a joint ownership agreement


joint owners may of course agree not to continue with joint ownership but decide on an alternative regime

(for example, a single owner with access rights for the other beneficiaries that transferred their ownership share).

Guidelines for IPRs

of 18

Role of the Explo i tat ion, Disseminat ion, and

Fabrizio Vecchi (TeD) and he is

responsible for Exploitation and Dissemination Management and for IPRs Issues. All partners



owledge will undergo a thorough and

structured process to ensure the necessary steps are taken to protect the foreground IPRs (see

ination of project results, the EDIM, together with the

, will update the project website with controlled password protected access for

and will monitor the implementation of the specific procedure (see

. The EDIM will also be responsible for writing and agreeing a formal Exploitation

, will cover licensing

ments and protection of the intellectual property generated within the project, as well


of the Exploitation Plan, and keep it updated with progress and intentions of exploitation in

I, MLAB, RT, TeD) and the (potential) new

off companies. The SC will regularly be informed of progress and suggestions

Rules and procedures for Foreground

Article II.29. shall apply with the

Foreground shall be the property of the beneficiary carrying out the work generating that



ntly owned Foreground are ruled in

When a joint invention is generated, joint owners must conclude a joint ownership agreement1


joint owners may of course agree not to continue with joint ownership but decide on an alternative regime

that transferred their ownership share).


Figure 1. Protection procedure: in case of patentable result, the owner/s shall follow a precise procedure

that ends with the report to the EC about filed patent or a right to use and to grant non

or a EC decision about

In case no joint ownership agreement has yet been concluded, each of the joint owners shall

be entitled to use, but not to commercialize, the jointly owned Foreground on a royalty

basis, and without requiring the prior consent of the

Each of the joint owners shall be further entitled:

� to grant non-exclusive licenses to third parties without any right to sub

the following conditions:

− in any case fair and reasonable compensation must be provided

owner (s), included the case where licenses are granted in the frame of cross

licensing and except in cases where licenses are granted free of any charge;

− at least 45 days prior notice must be given to the other joint owner(s) except i

where licenses are granted within the frame of pre

agreements.

4 . 2 P r o t e c t i o n o f F o r e g r o und

Where foreground is capable of industrial or commercial application, its owner shall provide for

its adequate and effective protection,

legitimate interests, particularly the commercial interests, of the other beneficiaries. Where a

beneficiary which is not the owner of the foreground invokes its legitimate interest, it must, in

any given instance, show that it would suffer disproportionately great harm.

Patent applications relating to foreground, filed by or on behalf of a beneficiary must include

the following statement to indicate that said foreground was generated with the assistanc

financial support from the Union:



: in case of patentable result, the owner/s shall follow a precise procedure

that ends with the report to the EC about filed patent or a right to use and to grant non

or a EC decision about the ownership.


be entitled to use, but not to commercialize, the jointly owned Foreground on a royalty

basis, and without requiring the prior consent of the other joint owner(s).

Each of the joint owners shall be further entitled:

exclusive licenses to third parties without any right to sub

in any case fair and reasonable compensation must be provided

owner (s), included the case where licenses are granted in the frame of cross


at least 45 days prior notice must be given to the other joint owner(s) except i

where licenses are granted within the frame of pre-existing cross

o f F o r e g r o und


its adequate and effective protection, having due regard to its legitimate interests and the



ven instance, show that it would suffer disproportionately great harm.


the following statement to indicate that said foreground was generated with the assistanc

financial support from the Union:

Guidelines for IPRs

of 18

: in case of patentable result, the owner/s shall follow a precise procedure

that ends with the report to the EC about filed patent or a right to use and to grant non-exclusive licenses


be entitled to use, but not to commercialize, the jointly owned Foreground on a royalty-free

exclusive licenses to third parties without any right to sub-license, subject to

in any case fair and reasonable compensation must be provided to the other joint

owner (s), included the case where licenses are granted in the frame of cross-


at least 45 days prior notice must be given to the other joint owner(s) except in cases

existing cross-licensing


having due regard to its legitimate interests and the



ven instance, show that it would suffer disproportionately great harm.


the following statement to indicate that said foreground was generated with the assistance of


The work leading to this invention has received funding from the European

Union Seventh Framework Programme (agreement n° 288899. Furthermore, all patent applications relating to foreground

for the use and dissemination of foreground, including sufficient details/references to enable

the Commission to trace the patent (application). Any such filing arising after the final report

must be notified to the Commission including the same details/references.

Where the foreground is capable of industrial or commercial application and its owner does

protect it and does not transfer it to another beneficiary, an affiliated entity established in

Member State or Associated country or any other third party established in a Member State

Associated country along with the associated obligations in accordance with Article II.27,

dissemination activities relating to that foreground may take place before the

been informed. The Commission must be informed at the latest 45 days

dissemination activity.

In such cases, the Union may, with the consent of the beneficiary concerned,

ownership of that foreground and adopt measures

The beneficiary concerned may refuse consent only if it can demonstrate that its

interests would suffer disproportionately great harm.

In the event the Union assumes ownership, it shall take on the obli

granting of access rights.

4.2.1 Protection of jointly owned Foreground

1) All patents and other registered intellectual property rights issued on the jointly owned

Foreground, and any other intellectual property rights protecting such

jointly owned by the joint owners of such Foreground.

2) Within a reasonable period following creation of any jointly owned Foreground, the joint

owners shall enter into good faith discussions in order to agree on an appropriate course of

action for filing applications for patent protection or other protection, including the decision

as to which joint owner is to be entrusted with the preparation, filing and prosecution of

such applications and in which countries or territories such applic

Except for any priority applications, the filing of any applications for patents or other

intellectual property rights on jointly owned Foreground shall require mutual agreement

between the joint owners (but excluding any joint owne

paragraph c) below not to contribute to the cost of such application). All external costs

related to applications for patent protection or other protection resulting from such

applications and the fees for maintaining such pr

the ownership percentage of the joint owners, subject to paragraph c) below.

3) If and when a joint owner decides not to contribute, or not to continue its contribution, as

the case may be, to the costs of applicatio

intellectual property rights protection for the jointly owned Foreground, for one or more

countries or territories, it shall be entitled not to contribute, or to discontinue its

contribution, provided however that:

� it shall promptly notify the other joint owner(s) in writing of its decision; in case of

jointly owned patents, notification from the relinquishing joint owner to the other

joint owner(s) shall be sent at least 90 (ninety) days before the date in which the

maintenance or renewal fee payment for the concerned jointly owned patent is due

to the pertinent patent authority by the joint owner;

� it shall forthwith relinquish all its title to and interest in such jointly owned patents,

patent applications or other

Foreground for the countries or territories concerned to the other owner(s) who




Seventh Framework Programme (FP7/2007-2013) under

Furthermore, all patent applications relating to foreground filed shall be reported in the plan



mission including the same details/references.

Where the foreground is capable of industrial or commercial application and its owner does

protect it and does not transfer it to another beneficiary, an affiliated entity established in

Associated country or any other third party established in a Member State

Associated country along with the associated obligations in accordance with Article II.27,

dissemination activities relating to that foreground may take place before the

been informed. The Commission must be informed at the latest 45 days

In such cases, the Union may, with the consent of the beneficiary concerned,

ownership of that foreground and adopt measures for its adequate and effective

The beneficiary concerned may refuse consent only if it can demonstrate that its

interests would suffer disproportionately great harm.

assumes ownership, it shall take on the obligations

Protection of jointly owned Foreground

All patents and other registered intellectual property rights issued on the jointly owned

Foreground, and any other intellectual property rights protecting such

jointly owned by the joint owners of such Foreground.

Within a reasonable period following creation of any jointly owned Foreground, the joint




such applications and in which countries or territories such applications are to be filed.



between the joint owners (but excluding any joint owner(s) who choose(s) pursuant to



applications and the fees for maintaining such protection shall be shared proportionally to


If and when a joint owner decides not to contribute, or not to continue its contribution, as

the case may be, to the costs of application for or maintenance of patent or other



contribution, provided however that:

it shall promptly notify the other joint owner(s) in writing of its decision; in case of




to the pertinent patent authority by the joint owner;

it shall forthwith relinquish all its title to and interest in such jointly owned patents,

patent applications or other registered intellectual property rights protecting such


Guidelines for IPRs

of 18


) under grant

filed shall be reported in the plan



mission including the same details/references.

Where the foreground is capable of industrial or commercial application and its owner does not

protect it and does not transfer it to another beneficiary, an affiliated entity established in a

Associated country or any other third party established in a Member State or

Associated country along with the associated obligations in accordance with Article II.27, no

dissemination activities relating to that foreground may take place before the Commission has

prior to the intended

In such cases, the Union may, with the consent of the beneficiary concerned, assume

for its adequate and effective protection.

The beneficiary concerned may refuse consent only if it can demonstrate that its legitimate

gations regarding the

All patents and other registered intellectual property rights issued on the jointly owned

Foreground, and any other intellectual property rights protecting such Foreground, shall be

Within a reasonable period following creation of any jointly owned Foreground, the joint




ations are to be filed.



r(s) who choose(s) pursuant to



otection shall be shared proportionally to


If and when a joint owner decides not to contribute, or not to continue its contribution, as

n for or maintenance of patent or other



it shall promptly notify the other joint owner(s) in writing of its decision; in case of




it shall forthwith relinquish all its title to and interest in such jointly owned patents,

registered intellectual property rights protecting such



contribute or continue their contribution, as the case may be, to such costs in

accordance with paragraph b) above; and

� it shall lose its rights under Section

patents, patent applications or other registered intellectual property rights

countries or territories concerned as of the moment of notification, but subject,

however, to the retention of a non

paid-up license, without the right to grant sublicenses, for the lifetime of su

owned patents, patent applications or other registered intellectual property rights for

the countries or territories concerned in favor of and for internal or all research

purposes of the relinquishing joint owner.

4) Each joint owner of patents or

protecting such jointly owned Foreground shall have the right to bring an action for

infringement of any such jointly owned intellectual property rights only with the consent

of the other owner(s). Such consent may only be withheld by another joint owner who

demonstrates that the proposed infringement action would be prejudicial to its

commercial interests.

4 . 3 T r an s f e r o f F o r e g r o und

Each Party may transfer ownership of its own Foreground following the

Grant Agreement Article II 27:

a) Where a beneficiary transfers ownership of

regarding that foreground to the assignee including the obligation to pass those obligations

on to any subsequent assignee.

b) Subject to its obligations concerning confidentiality such as in the framework of a merger

or an acquisition of an important part of its assets, where a

on its obligations to provide

other beneficiaries of the envisaged transfer, together with sufficient information

concerning the envisaged new owner of the

exercise their access rights. However, the

on a different time-limit or waive their right to prior notice in the case of transfers of

ownership from one beneficiary

c) Following notification in accordance with paragra

within 30 days of the notification or within a different time

envisaged transfer of ownership on the grounds that it would adversely affect its

rights. Where any of the other

adversely affected, the intended transfer shall not take place until agreement has been

reached between the beneficiaries

d) Where a beneficiary intends to transfer ownership of

in a third country not associated to the Seventh Framework Programme, the

may object to such transfer of ownership of

accordance with the interests of developing the

or is inconsistent with ethical principles or security considerations.

transfer of ownership shall not take place unless the

appropriate safeguards will be put in place

Attachment 6 to the Consortium Agreement identifies

transferred the ownership of Foreground

declared its intention to transfer t

Dutch Corporation, having its registered office at WTC Schiphol Airport, Schiphol Boulevard

265, 1118 BH Luchthaven Schiphol, Amsterdam, The Netherlands, acting for the purpose of

this Agreement through its Swiss branch at 39 Chemin du Champs

Ouates, Switzerland.




accordance with paragraph b) above; and

it shall lose its rights under Section 4.1.1 above with respect to such jointly owned

patents, patent applications or other registered intellectual property rights


however, to the retention of a non-transferable, non-exclusive, royalty

up license, without the right to grant sublicenses, for the lifetime of su



purposes of the relinquishing joint owner.

Each joint owner of patents or patent applications or other intellectual property rights



Such consent may only be withheld by another joint owner who


T r an s f e r o f F o r e g r o und

Each Party may transfer ownership of its own Foreground following the

transfers ownership of foreground, it shall pass on its obligations

to the assignee including the obligation to pass those obligations

assignee.

Subject to its obligations concerning confidentiality such as in the framework of a merger

or an acquisition of an important part of its assets, where a beneficiary

on its obligations to provide access rights, it shall give at least 45 days prior notice to the

of the envisaged transfer, together with sufficient information

concerning the envisaged new owner of the foreground to permit the other beneficiaries to

. However, the beneficiaries may, by written agreement, agree

limit or waive their right to prior notice in the case of transfers of

beneficiary to a specifically identified third party.

Following notification in accordance with paragraph a, any other beneficiary

within 30 days of the notification or within a different time-limit agreed in writing, to any

envisaged transfer of ownership on the grounds that it would adversely affect its

Where any of the other beneficiaries demonstrate that their access rights

affected, the intended transfer shall not take place until agreement has been

beneficiaries concerned.

intends to transfer ownership of foreground to a third party established

not associated to the Seventh Framework Programme, the

may object to such transfer of ownership of foreground, if it considers that this is not in

accordance with the interests of developing the competitiveness of the European economy

is inconsistent with ethical principles or security considerations.

transfer of ownership shall not take place unless the Commission

appropriate safeguards will be put in place and has authorised the transfer in

Attachment 6 to the Consortium Agreement identifies specific third parties

the ownership of Foreground. In particular, STMicroelectronics has already

declared its intention to transfer the ownership of its Foreground to STMicroelectronics NV, a



through its Swiss branch at 39 Chemin du Champs-des-

Guidelines for IPRs

of 18


above with respect to such jointly owned

patents, patent applications or other registered intellectual property rights for the


exclusive, royalty-free and fully

up license, without the right to grant sublicenses, for the lifetime of such jointly



patent applications or other intellectual property rights



Such consent may only be withheld by another joint owner who


Each Party may transfer ownership of its own Foreground following the procedures of the

, it shall pass on its obligations

to the assignee including the obligation to pass those obligations

Subject to its obligations concerning confidentiality such as in the framework of a merger

beneficiary is required to pass

least 45 days prior notice to the

of the envisaged transfer, together with sufficient information

to permit the other beneficiaries to

may, by written agreement, agree

limit or waive their right to prior notice in the case of transfers of

beneficiary may object

limit agreed in writing, to any

envisaged transfer of ownership on the grounds that it would adversely affect its access

access rights would be

affected, the intended transfer shall not take place until agreement has been

a third party established

not associated to the Seventh Framework Programme, the Commission

, if it considers that this is not in

competitiveness of the European economy

is inconsistent with ethical principles or security considerations. In such cases, the

Commission is satisfied that

and has authorised the transfer in writing.

specific third parties that will be

. In particular, STMicroelectronics has already

he ownership of its Foreground to STMicroelectronics NV, a



-Filles, 1228 Plan-les-


Any addition to Attachment 6 after signature of th

of the Steering Committee.

4 . 4 D i s s em i n a t i o n

Dissemination activities including but not restricted to publications and presentations shall be

governed by the rules described in the following sections

4.4.1 Publication procedure

The Parties agree the following

connection with or relating to the Project shall be sent to the Coordinator and to the concerned

Party(ies) at the earliest time possible. Any objection to the planned publication shall be made

in accordance with the GA in writing to the Coordinato

thirty (30) days after receipt of the notice. If no objection is made within the time limit stated

above, the publication is permitted.

An objection is justified if:

� the protection of the objecting Party’s Foreground or

� the proposed publication includes Confidential Information of the objecting Party or of

the Consortium as a whole;

� the publication of such information contrasts the academic or commercial interests of

the objecting Party.

The objection has to include a precise request for necessary modifications.

In the event that an objection is raised on any of the above defined groun

above period of thirty (30) days, the Party proposing the publication and the Party objecting

shall seek in:

a) to agree a solution on a timely basis whereby the protection of the objecting Party's

Foreground will not be adversely affected by the proposed publication. In this case, in

order to enable the filing of a patent application on objecting Party’s Foreground

contained in the proposed publication, Parties may agree a delay no longer than

(2) months from the first sending of the proposed publication to the Co

b) to agree a solution on a timely basis whereby the objecting Party’s Confidential

Information is excluded

c) in cases where the proposed publication contains material or information which seem

commercially sensitive, Parties agree to work constructively to ensure that the

interesting content can be published as early as possible.



Any addition to Attachment 6 after signature of the Consortium Agreement

o f p r o j e c t r e s u l t s

ation activities including but not restricted to publications and presentations shall be

by the rules described in the following sections.

Publication procedure

The Parties agree the following publication procedure. A copy of any proposed publica



in accordance with the GA in writing to the Coordinator and to any party concerned within


above, the publication is permitted.

the protection of the objecting Party’s Foreground or Background is adversely affected;

the proposed publication includes Confidential Information of the objecting Party or of

the Consortium as a whole;

publication of such information contrasts the academic or commercial interests of


In the event that an objection is raised on any of the above defined groun


agree a solution on a timely basis whereby the protection of the objecting Party's



ontained in the proposed publication, Parties may agree a delay no longer than

) months from the first sending of the proposed publication to the Co

to agree a solution on a timely basis whereby the objecting Party’s Confidential

ion is excluded

in cases where the proposed publication contains material or information which seem


interesting content can be published as early as possible.

Figure 2. Publication procedure.

Guidelines for IPRs

of 18

e Consortium Agreement requires a decision

ation activities including but not restricted to publications and presentations shall be

procedure. A copy of any proposed publication in



r and to any party concerned within


Background is adversely affected;

the proposed publication includes Confidential Information of the objecting Party or of

publication of such information contrasts the academic or commercial interests of


In the event that an objection is raised on any of the above defined grounds and within the


agree a solution on a timely basis whereby the protection of the objecting Party's



ontained in the proposed publication, Parties may agree a delay no longer than two

) months from the first sending of the proposed publication to the Co-ordinator.

to agree a solution on a timely basis whereby the objecting Party’s Confidential

in cases where the proposed publication contains material or information which seem



4.4.2 Publication of another Party’s Foreground or Background

For the avoidance of doubt, no Party shall have the right to publish or allow the publishing of

any data which includes Foreground, Background or Confiden

Party, even where such data is amalgamated with the Party’s Foreground, Background or other

information, document or material without the other Party’s prior written approval.

For the avoidance of doubt the mere absence of an

considered as an approval.

Where publications relate to jointly

consent to publish and such consent not to be unreasonably delayed.

4.4.3 Cooperation obligations

The Parties undertake to cooperate to allow the timely submission, examination, publication

and defence of any dissertation or thesis for a degree which includes their Fore

Background. However, confidentiality and publication clauses have to be respected.

4.4.4 Use of names, logos or trademarks

Nothing in this Consortium Agreement shall be construed as conferring rights to use in

advertising, publicity or otherwise the

without their prior written approval.

5 Access R ights

5 . 1 Ba c k g r o und c o ve r e d

The Parties identified in the Attachment 1 of the Consortium Agreement the Background to

which they are ready to grant Access Rights, subject to the provisions of the Consortium

Agreement and the Grant Agreement.

The owning Party may add further Background to Attachment 1 during the Project by written

notice.

However, only the SC can permit a Party to

1.

The Parties agree that all Background not listed in Attachment 1 shall be explicitly excluded

from Access Rights. They agree, however, to negotiate in good faith additions to Attachment 1

if a Party asks them to do so and those are needed.

For the avoidance of doubt, the owner is under no obligation to agree to additions of his

Background to Attachment 1.

In addition, the Parties identified in the Attachment of the Consortium Agreement the

Background excluded from access rights. The owning Party may withdraw any of its

Background from Attachment 2 during the Project by written notice.

However, only the SC can permit a Party to add Background to Attachment 2.

5 . 2 Gene r a l P r i n c i p l e s

Each Party shall implement its tasks in accordance with the Annex I of the Grant Agreement

and shall bear sole responsibility for ensuring that its acts within the Project do not knowingly

infringe third party property rights.

As provided in the Grant Agreement Article II.32.3. Part

soon as possible of any limitation to the granting of Access Rights to Background or of any

other restriction which might substantially affect the granting of Access Rights even if due to a

third party during the Project.

If the SC considers that the restrictions have a significant impact, which is not foreseen in the

Annex I of the Grant Agreement, it may decide to update the Annex I of the Grant Agreement

accordingly.



Publication of another Party’s Foreground or Background


any data which includes Foreground, Background or Confidential Information of any other



For the avoidance of doubt the mere absence of an objection according to

Where publications relate to jointly-developed results, each Party involved must give its

to publish and such consent not to be unreasonably delayed.

Cooperation obligations


and defence of any dissertation or thesis for a degree which includes their Fore


Use of names, logos or trademarks


advertising, publicity or otherwise the name of the Parties or any of their logos or trademarks

without their prior written approval.

to Background and Foreground

Ba c k g r o und c o ve r e d


are ready to grant Access Rights, subject to the provisions of the Consortium

Agreement and the Grant Agreement.


However, only the SC can permit a Party to withdraw any of its Background from Attachment



em to do so and those are needed.



ded from access rights. The owning Party may withdraw any of its

Background from Attachment 2 during the Project by written notice.


Gene r a l P r i n c i p l e s

its tasks in accordance with the Annex I of the Grant Agreement


infringe third party property rights.

As provided in the Grant Agreement Article II.32.3. Parties shall inform the Consortium as





Guidelines for IPRs

of 18


tial Information of any other



objection according to 4.4.1 is not

developed results, each Party involved must give its


and defence of any dissertation or thesis for a degree which includes their Foreground or



name of the Parties or any of their logos or trademarks

to Background and Foreground


are ready to grant Access Rights, subject to the provisions of the Consortium


withdraw any of its Background from Attachment





ded from access rights. The owning Party may withdraw any of its


its tasks in accordance with the Annex I of the Grant Agreement


ies shall inform the Consortium as






Any Access Rights granted expressly exclude any rig

otherwise.

Access Rights shall be free of any administrative transfer costs.

Access Rights are granted on a non

the Parties according to the Grant Agreeme

Foreground and Background shall be used only for the purposes for which Access Rights to it

have been granted.

All Access Rights shall be granted upon written request.

The granting of Access Rights may be made conditional on the accept

conditions aimed at ensuring that these rights will be used only for the intended purpose and

that appropriate confidentiality obligations are in place.

The requesting Party must show that the Access Rights are needed.

5 . 3 Ac c e s s R i g h t s f o r im

Access Rights to Foreground and Background needed for the execution of the own work of a

Party under the Project shall be granted on a royalty

Attachment 1 to the Consortium Agreement.

5 . 4 Ac c e s s R i g h t s f o r U

Access Rights to Foreground if Needed for Use of a Party's own Foreground shall be granted on

fair and reasonable conditions, subject to Section

activities shall be granted on a royalty

Access Rights to Background if Needed for Use of a Party's own Foreground shall be granted on

fair and reasonable conditions. A third party shall not be granted direct Access

generated by other Parties unless those Parties explicitly agree to it.

5 . 5 Ac c e s s R i g h t s f o r A f f i l i a t e s

Affiliates have Access Rights under the conditions of the Grant Agreement Article II.34.3.

In addition, Affiliate shall also enjoy Access R

� they hold a license on Foreground developed by a Party they are affiliated to; and

� they Need Access Rights in order to Use such Foreground; and

� they are established in a Member State or an Associated Country;

� and they are listed in Attachment 4 (Listed Affiliated Entities) to the Consortium

Agreement.

Such Access Rights to Affiliates shall be granted on fair and reasonable conditions and upon

written bilateral agreement.

Affiliates which obtain Access Rights in

confidentiality and other obligations accepted by the Parties under the Grant Agreement or this

Consortium Agreement as if such Affiliates were Parties.

Access Rights may be refused to Affiliates if

interests of the Party which owns the Background or the Foreground.

Access Rights granted to any Affiliate are subject to the continuation of the Access Rights of

the Party to which it is affiliated, and shall au

Access Rights granted to such Party.

Upon cessation of the status as an Affiliates, any Access Rights granted to such former

Affiliated Entity shall lapse.

Further arrangements with Affiliates may be negotiated



Any Access Rights granted expressly exclude any rights to sublicense unless expressly stated

Access Rights shall be free of any administrative transfer costs.

Access Rights are granted on a non-exclusive basis, if not otherwise agreed in writing by all

the Parties according to the Grant Agreement Article II.32.7.


All Access Rights shall be granted upon written request.

The granting of Access Rights may be made conditional on the accept


that appropriate confidentiality obligations are in place.

The requesting Party must show that the Access Rights are needed.

Ac c e s s R i g h t s f o r imp l emen t a t i o n


Party under the Project shall be granted on a royalty-free basis, unless otherwise agreed in

Attachment 1 to the Consortium Agreement.

Ac c e s s R i g h t s f o r U s e


fair and reasonable conditions, subject to Section 4.1. Access Rights for internal research

activities shall be granted on a royalty-free basis.


fair and reasonable conditions. A third party shall not be granted direct Access

generated by other Parties unless those Parties explicitly agree to it.

Ac c e s s R i g h t s f o r A f f i l i a t e s


In addition, Affiliate shall also enjoy Access Rights if they can show that:

they hold a license on Foreground developed by a Party they are affiliated to; and

they Need Access Rights in order to Use such Foreground; and

they are established in a Member State or an Associated Country;

they are listed in Attachment 4 (Listed Affiliated Entities) to the Consortium


Affiliates which obtain Access Rights in return grant Access Rights to all Parties and fulfil all


Consortium Agreement as if such Affiliates were Parties.

Access Rights may be refused to Affiliates if such granting is contrary to the legitimate

interests of the Party which owns the Background or the Foreground.


the Party to which it is affiliated, and shall automatically terminate upon termination of the

Access Rights granted to such Party.


Further arrangements with Affiliates may be negotiated in separate agreements.

Guidelines for IPRs

of 18

hts to sublicense unless expressly stated

exclusive basis, if not otherwise agreed in writing by all


The granting of Access Rights may be made conditional on the acceptance of specific



free basis, unless otherwise agreed in


hts for internal research


fair and reasonable conditions. A third party shall not be granted direct Access to Foreground


they hold a license on Foreground developed by a Party they are affiliated to; and

they are listed in Attachment 4 (Listed Affiliated Entities) to the Consortium


return grant Access Rights to all Parties and fulfil all


such granting is contrary to the legitimate


tomatically terminate upon termination of the


in separate agreements.


5 . 6 Add i t i o n a l A c c e s s R i g h t s

The Parties agree to negotiate in good faith any additional Access Rights to Foreground as

might be asked for by any Party, upon adequate financial conditions to be agreed.

However, for the avoidance of dou

Consortium Agreement shall be at the absolute discretion of the owning Party and subject to

such terms and conditions as may be agreed between the owning and receiving Parties.

5 . 7 Ac c e s s R i g h t s f o

C on s o r t i um

5.7.1 New Parties entering the Consortium

All Foreground developed before the accession of the new Party shall be considered to be

Background with regard to said new Party.

5.7.2 Parties leaving the Consortium

Access Rights granted to a leaving Party

Defaulting Party: Access Rights granted to a Defaulting Party and such Party's right to request

Access Rights shall cease immediately upon receipt by the Defaulting Party of the formal notice

of the decision of the SC to termi

Non-defaulting Party: A Party leaving voluntarily and with the other Parties' consent shall have

Access Rights to the Foreground developed until the date of the termination of its participation.

The time limit (namely, 12 months) for its right to request these Access Rights shall start on

the same date.

Access Rights to be granted by any leaving Party

Any Party leaving the Project shall continue to grant Access Rights pursuant to the Grant

Agreement and this Consortium Agreement as if it had remained a Party for the whole duration

of the Project.

5 . 8 Spe c i f i c P r o v i s i o n s f o r A c c e s s R i g h t s t o S o f twa r e

For the avoidance of doubt, the general provisions for Access Rights provided for in this

Section 5 are applicable also to Software.

Parties’ Access Rights to Software do not include any right to receive source code or object

code ported to a certain hardware platform or any right to

documentation in any particular form or detail, but only as available from the Party granting

the Access Rights.

6 Confident ia l information

All information in whatever form or mode of transmission, which is disclosed by a Party

“Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its

implementation and which has been explicitly marked as “confidential”, or when disclosed

orally, has been identified as confidential at the time of disc

designated in writing within 15 days at the latest as confidential information by the Disclosing

Party, is “Confidential Information”.

The Recipients hereby undertake in addition and without prejudice to any commitment of

disclosure under the Grant Agreement, for a period of 5 years after the end of the Grant

Agreement:

� not to use Confidential Information otherwise than for the purpose for which it was

disclosed;

� not to disclose Confidential Information to any third

consent by the Disclosing Party;



Add i t i o n a l A c c e s s R i g h t s



However, for the avoidance of doubt any grant of Access Rights not expressly covered by this



Ac c e s s R i g h t s f o r P a r t i e s e n t e r i n g o r l e a v i n g t h e

New Parties entering the Consortium


Background with regard to said new Party.

Parties leaving the Consortium

ts granted to a leaving Party



of the decision of the SC to terminate its participation in the Consortium.

defaulting Party: A Party leaving voluntarily and with the other Parties' consent shall have


ely, 12 months) for its right to request these Access Rights shall start on

Access Rights to be granted by any leaving Party


rtium Agreement as if it had remained a Party for the whole duration

Spe c i f i c P r o v i s i o n s f o r A c c e s s R i g h t s t o S o f twa r e


are applicable also to Software.


code ported to a certain hardware platform or any right to receive respective Software


in formation

All information in whatever form or mode of transmission, which is disclosed by a Party



orally, has been identified as confidential at the time of disclosure and has been confirmed and


Party, is “Confidential Information”.

The Recipients hereby undertake in addition and without prejudice to any commitment of


not to use Confidential Information otherwise than for the purpose for which it was

not to disclose Confidential Information to any third party without the prior written

consent by the Disclosing Party;

Guidelines for IPRs

of 18



bt any grant of Access Rights not expressly covered by this



r P a r t i e s e n t e r i n g o r l e a v i n g t h e




defaulting Party: A Party leaving voluntarily and with the other Parties' consent shall have


ely, 12 months) for its right to request these Access Rights shall start on


rtium Agreement as if it had remained a Party for the whole duration

Spe c i f i c P r o v i s i o n s f o r A c c e s s R i g h t s t o S o f twa r e



receive respective Software


All information in whatever form or mode of transmission, which is disclosed by a Party (the



losure and has been confirmed and


The Recipients hereby undertake in addition and without prejudice to any commitment of non-


not to use Confidential Information otherwise than for the purpose for which it was

party without the prior written


� to ensure that internal distribution of Confidential Information by a Recipient shall take

place on a strict need-to

� to return to the Disclosing Party on demand all Confidenti

supplied to or acquired by the Recipients including all copies thereof and to delete all

information stored in a machine readable form. If needed for the recording of ongoing

obligations, the Recipients may however request to

only.

The Recipients shall be responsible for the fulfilment of the above obligations on the part of

their employees and shall ensure that their employees remain so obliged, as far as legally

possible, during and after the end of the Project and/or after the termination of employment.

The above shall not apply for disclosure or use of Confidential Information, if and in so far as

the Recipient can show that:

� the Confidential Information becomes publicly available by means

of the Recipient’s confidentiality obligations;

� the Disclosing Party subsequently informs the Recipient that the Confidential

Information is no longer confidential;

� the Confidential Information is communicated to the Recipient without a

confidence by a third party who is in lawful possession thereof and under no obligation

of confidence to the Disclosing Party;

� the disclosure is due to national law or court or administrative order;

� the disclosure or communication of the C

provisions of the Grant Agreement;

� the Confidential Information, at any time, was developed by the Recipient completely

independently of any such disclosure by the Disclosing Party;

� the Confidential Information was al

the Recipient is required to disclose the Confidential Information in order to comply with

applicable laws or regulations or with a court or administrative order, subject to the

provision in the third par

The Recipient shall apply the same degree of care with regard to the Confidential Information

disclosed within the scope of the Project as with its own confidential and/or proprietary

information, but in no case less than reasonable care.

Each Party shall promptly advise the other Party in writing of any unauthorised disclosure,

misappropriation or misuse by any person of Confidential Information as soon as practicable

after it becomes aware of such unauthorised disclosure, misappropriation or

If any Party becomes aware that it will be required, or is likely to be required, to disclose

Confidential Information in order to comply with applicable laws or regulations or with a court

or administrative order, it shall, to the extent it is la

disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable

instructions to protect the confidentiality of the information.

The confidentiality obligations under this Consortium Agreemen

shall not prevent the communication of Confidential Information to the European Commission.

For the avoidance of doubt, the confidentiality obligations under this Consortium Agreement

and the Grant Agreement shall not be interpret

information to any Affiliate insofar as strictly required for the proper carrying out of this

Consortium Agreement and/or the Grant Agreement.

7 Website organizat ion

The website has three different levels of

developed in Robot-Era:



to ensure that internal distribution of Confidential Information by a Recipient shall take

to-know basis; and

to return to the Disclosing Party on demand all Confidential Information which has been



obligations, the Recipients may however request to keep a copy for archival purposes



e end of the Project and/or after the termination of employment.


the Confidential Information becomes publicly available by means

of the Recipient’s confidentiality obligations;

the Disclosing Party subsequently informs the Recipient that the Confidential

Information is no longer confidential;

the Confidential Information is communicated to the Recipient without a


of confidence to the Disclosing Party;

the disclosure is due to national law or court or administrative order;

the disclosure or communication of the Confidential Information is foreseen by

provisions of the Grant Agreement;

the Confidential Information, at any time, was developed by the Recipient completely

independently of any such disclosure by the Disclosing Party;

the Confidential Information was already known to the Recipient prior to disclosure or



in the third paragraph below.



information, but in no case less than reasonable care.

h Party shall promptly advise the other Party in writing of any unauthorised disclosure,


after it becomes aware of such unauthorised disclosure, misappropriation or



or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such


instructions to protect the confidentiality of the information.

The confidentiality obligations under this Consortium Agreement and the Grant Agreement



and the Grant Agreement shall not be interpreted so as to prevent the communication of any


Consortium Agreement and/or the Grant Agreement.

Website organizat ion

The website has three different levels of accessability, to ensure the protection of foreground

Guidelines for IPRs

of 18

to ensure that internal distribution of Confidential Information by a Recipient shall take

al Information which has been



keep a copy for archival purposes



e end of the Project and/or after the termination of employment.


the Confidential Information becomes publicly available by means other than a breach

the Disclosing Party subsequently informs the Recipient that the Confidential

the Confidential Information is communicated to the Recipient without any obligation of


the disclosure is due to national law or court or administrative order;

onfidential Information is foreseen by

the Confidential Information, at any time, was developed by the Recipient completely

ready known to the Recipient prior to disclosure or





h Party shall promptly advise the other Party in writing of any unauthorised disclosure,


after it becomes aware of such unauthorised disclosure, misappropriation or misuse.



wfully able to do so, prior to any such


t and the Grant Agreement



ed so as to prevent the communication of any


, to ensure the protection of foreground


1) www.robot-era.eu is the public area; it will present all the publishable documents and

results

2) The repository area (http://www.robot

not public and its access i

the Project Coordinator and EDIM can edit the pages, all

download. Each user has a personal account, so all accesses and actions are monitored.

The team leader will communicate to the EDIM the name of the person as soon as

he/she will leave the project, so his/her credentials to ac

disabled.

3) The upload area (http://robotera.pbworks.com

one person per each partner. His/her name is indicated by the team leader and he/

will have ALL rights to edit the pages.



is the public area; it will present all the publishable documents and

http://www.robot-era.eu/robotera/index.php?pagina=accedi

not public and its access is limited to all people involved in the project activities.

the Project Coordinator and EDIM can edit the pages, all other users can only read and



he/she will leave the project, so his/her credentials to access the repository area will be

http://robotera.pbworks.com) is not public and its access is limited to

one person per each partner. His/her name is indicated by the team leader and he/

will have ALL rights to edit the pages.

Guidelines for IPRs

of 18

is the public area; it will present all the publishable documents and

era.eu/robotera/index.php?pagina=accedi) is

limited to all people involved in the project activities. Only

other users can only read and



cess the repository area will be

) is not public and its access is limited to

one person per each partner. His/her name is indicated by the team leader and he/she

guidelines for iprs - cordis...grant agreement number: project acronym: robot-era project title:...

Documents