Control of Intellectual Property

24.5 Control of Intellectual Property

The aim is the capture the following information:

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  Background IP to the project, according to clause 5.3.1 of the Odyssey consortium agreement, partners are contractually obligated to disclose details of Background which they are introducing to the project.
  

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  Foreground IP, i.e. new IP created during project work, including software code, reports, system design, draft protocols and standards, official correspondence, and important working documents including emails.
  

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  Details of externally sourced software packages used by partners during the project, both licensed and open source
  

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  Details of externally sourced information used by partners during the project, including publications, standards, where the authorship is defined
  

The first stage is to ask partners to fill in the template later in this document with the relevant information. This template will then be sent out to all partners on a monthly basis so that any new information can be added.

25. Odyssey IPR Consortium Agreement Guidelines

25.1 Foreground

25.1.1 Joint ownership

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  at least 45 days prior notice must be given to the other joint owner(s);
  
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  and fair and reasonable compensation must be provided to the other joint owner(s).
  
  
  

25.1.2 Transfer of Foreground

It may identify specific third parties it intends to transfer Foreground to in [Attachment (6)] to this Consortium Agreement. The other Parties hereby waive their right to object to a transfer to listed third parties according to the Grant Agreement Article II.27.3.

The transferring Party shall, however, notify the other Parties of such transfer and shall ensure that the rights of the other Parties will not be affected by such transfer. Any addition to [Attachment (6)] after signature of this Consortium Agreement requires a decision of the General Assembly.

The Parties recognize that in the framework of a merger or an acquisition of an important part of its assets, a Party may be subject to confidentiality obligations which prevent it from giving the full 45 days prior notice foreseen in Grant Agreement Article II 27.2.

a) In the case of joint ownership of foreground, each of the joint owners shall be entitled to use the joint Foreground as it sees fit, and to grant non-exclusive licenses to third parties, without any right to sub-license subject to the following conditions:

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  at least 45 days prior notice must be given to the other joint owner(s) and fair and reasonable compensation must be provided to the other joint owner(s).
  
  
  

25.2 Dissemination

25.2.1 Publication

The time limit to give prior notice of any Dissemination activity shall be 20 days. The time limit to object on grounds stated in Article II.30 of the Grant Agreement is 30 days. If this period expires without any objections made, the respective Party may disseminate its publication or representation at its own discretion.

The Party objecting a publication has to show that its legitimate interests will suffer disproportionately great harm and shall include a request for necessary modifications. Dissemination of any Party’ Confidential Information (as defined under clause Section 10 below) or Background is expressly prohibited without that Party’s express written permission.

If under certain conditions it is not possible to give notice within the above time limit the affected Party has to send to the Project Manager at the latest 7 days before the submission date the title, list of authors, abstract of the publication as well as the name of the conference, workshop or journal, to which the publication is submitted. In the case the publication has the nature of a book or a chapter in a book, the affected Party has to announce the intention at least 1 month before the submission to the publisher or to corresponding official organization. It is then up to the Project Manager to decide if any obligations are violated and if modifications are required.

25.2.2 Publication of another Party’s Foreground or Background

25.2.3 Cooperation obligations

25.2.4 Use of names, logos or trademarks

25.2.5 Dissemination in public media

Such activities are strongly related to the initiating Party, who leads the specific activity. If necessary the leading Party may involve other Parties for support. The Project Manager has to be informed at least 14 days in advance about such activities and the corresponding dissemination results are to be stored in the project’s dissemination archive.

The dissemination has to make reference to the project, the consortium, the funding organisation (Commission) by means of placing the logo and address of the project website as background images or mentioning in words in audio interviews. In either case the contribution of the whole consortium for the obtained results should be pointed out.

25.2.6 List of authors

In cases that a scientific publication involves indirect contributions of other Parties, in which cases the contribution is necessary to make the publication possible, the prior approval of the involved Party is needed, it is advised to mention those Parties on fair conditions either as co-author or acknowledge the creation of the pre-existing knowledge.