Intellectual Property Rights
Basic rules for dealing with intellectual property are laid down in the Rules for Participation. The Grant Agreement details the provisions further or stipulates deviating regulations, which may apply in the areas of ERC, Marie Skłodowska-Curie Actions, Programme co-fund Actions, Coordination and Support Actions, and Pre-Commercial Procurement, among others.
Each project partner is the owner of the results he or she produces. Unless otherwise agreed by the partners, the principle of joint ownership shall apply if it is not possible to establish the respective contribution of each beneficiary. Each joint owner may assign non-exclusive licences to third parties, subject to prior notice to the other joint owners and fair and reasonable compensation.
Should ownership be transferred, the institution concerned will inform the other beneficiaries in advance of the planned transfer and provide sufficient information to the legal successor on the terms and conditions of the Grant Agreement. It is possible for the project partners to object to the transfer if their access rights are affected by it.
A results ownership list must be drawn up in all projects at the conclusion of the project as part of the final report, showing the ownership of the project results (if necessary, the European Commission will follow up after the end of the project).
Access rights may be requested (in writing) up to one year after the end of the project, unless a different deadline is agreed. The beneficiaries define in writing the existing knowledge and property rights (background) necessary for the implementation of the project.
Overview of access rights to existing knowledge and property rights and project results:
For the European Union and, in the field of security research, including for the Member States, access rights may also be provided under certain circumstances (use in a political context, exclusively for non-commercial purposes).
In addition, the "public emergency provision" applies. According to this, the owners of relevant project results must grant non-exclusive licences on reasonable terms in the event of a public emergency, provided this has been specified in the Work Programme.