Ownership

„Background“ means any data, know-how or information whatever its form or nature, tangible or intangible, as well as its related rights, e.g. intellectual property rights held by participants prior to their accession to the Grant Agreement, needed to implement the project  or for exploiting its results, and identified by the beneficiaries in accordance with the rules for participation.

„Results“ („Foreground“ in FP7) means any data, know-how or information whatever its form or nature, tangible or intangible, whether or not it can be protected, as well as any rights attached to it, including intellectual property rights.
Without a consensual arrangement on other terms, joint ownership is assumed, where the respective contribution to created results cannot be ascertained. Furthermore, each owner can grant non-exclusive licences to third parties under the conditions that prior notice is given to the other joint owners and fair and reasonable compensation is provided to them.

In case a partner transfers the ownership of his results, all obligations of the former owner are transferred as well. The participant has to notify the other consortium members prior to the transfer while at the same time providing sufficient information about the obligations under the grant agreement to the new owner. The successor then takes over the legal position of the ceding partner. The participants can, in written form, waive their right to prior notification. They can also object the planned transfer, if their access rights might be adversely affected.

A partner may grant exclusive licences for its results if all other project participants concerned give their agreement and under the provision that other participants’ access rights to the result are preserved.