After PCP Sample Clauses

After PCP. According to the European guidance, once the pre-commercial phase is over, the product or service that constitutes the result of the R&D activity must be found by TI on the market through the use of ordinary public procurement procedures. For this reason, at the end of the predefined research phases and in the event that the TI deems the resulting solutions to be satisfactory and really better than those available on the market , the supply contract through which the TI decides to procure the technological solution must be open to the entire market and governed by the rules of the Code of public contracts. In other words, third parties must be in a position to make an offer for commercial production and must not be put in place discriminatory conditions against potential suppliers. If the TI has the availability of the free user license obtained as a result of the pre- commercial contract, the obligation for calling a public procedure for the procurement of the solution, in order to identify the best bidder able to carry out the project based on technical specification, in principle meets no particular issues. In this circumstance, there are no restrictions on the fact that the TI expresses its need in terms of detailed technical specifications and makes the executive project available to any third party awarded, as developed by the pre-commercial contractor. The situation is different if the TI does not hold a free use license and there is no company, despite the patents have been made available on fair terms and reasonable conditions, interested in making an industrial production of the good. In this circumstance, it should be possible to have recourse to the "Single supplier"; the uniqueness of the supplier must be certain before to come to private negotiation through a market survey, which can have the sole purpose of acquiring the certainty of such uniqueness or to exclude it. As conclusion, we can state that involving the PCP the lock-in could be avoided if there are no restrictions on the Intellectual Property. On the other hand, the lock-in is unavoidable, but justified if the TI does not hold a free use license.
Sample 1
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