Exploitation of Knowledge. 4.2.2.1 The Parties having developed Knowledge/Results have to start discussions in good faith to reach an agreement about the exploitation of the Knowledge/Results between them. This agreement on exploitation cannot conflict with the obligations specified by the subsidizing authorities. All Parties will have access to the Knowledge/Results for use and implementation on a non-exclusive and non-discriminatory basis.
4.2.2.2 If after 6 months of discussions no agreement about the terms of the exploitation of the Knowledge/Results has been signed by all the Parties, the discussions are considered as a failure.
4.2.2.3 In case of failure of an agreement between Parties, each Party shall be free to exploit and grant licences to third Parties, without requiring the consent of other Parties, except for third parties with head quarters located in country 1, country 2, …. where exclusivity for licensing is offered respectively to partner 1, partner 2, etc. Conditions of licenses can not be in conflict with the obligations specified by the Party subsidizing authority.
4.2.2.4 In case of failure of an agreement between Parties, each Party that concludes licence agreement based on Knowledge/Results with third Parties will have all the revenues coming from the exploitation of the licence from the Knowledge.
4.2.2.5 Pursuant to the grant of the licence in 4.2.2.1 if an agreement is signed between the Parties, the Party may grant a licence of its Background Knowledge to the other Parties at fair and reasonable market terms.
4.2.2.6 For the avoidance of doubt ownership of the Knowledge/Results shall not be affected by payment of the cost protection.
Exploitation of Knowledge. The Owning Party/ies has/have the sole and exclusively Right to exploit their Party Knowledge. Pursuant to the grant of the licence to the extent that they are able to do so, the Owning Party may grant a licence to its Pre-Existing Know-How on fair and non discriminatory conditions. For the avoidance of doubt, the Owning Party shall be at liberty to offer its Knowledge to third parties for the purposes of exploitation; such licences shall be granted on market terms. Each Owning Party grants to the other Parties the option to a licence of its Party Knowledge at preferential terms. Nothing in this article shall prevent the Owning Party from sole and exclusive exploiting their Party Knowledge.
Exploitation of Knowledge. One goal of the Consortium is joint exploitation of the Knowledge, e.g. licensing it to a company. During the project and until two years after the end of the project (unless the Contractors agree on a longer period) the Project Management Committee is responsible for exploiting the Knowledge of all Contractors. The Project Management Committee will name Negotiating Contractor(s) who shall coordinate and negotiate licensing agreements with third parties if the Owner or the Co-owners of the Knowledge are not interested in the technology transfer process. Usually Co-owners shall among themselves name a Prosecuting / Negotiating Contractor. Licenses shall be in the name of and executed by the Contractor(s) owning the Knowledge. Any final decision to grant a license to a third party shall be taken by the owners of the Knowledge and/or Pre-existing Know-How. The Negotiating Contractor shall stay in close contact with the responsible officer of the Co-owners or the owner. If a license is generating income such income shall be shared (after reimburse of external expenses) between the Contractors concerned as follows:
A) External expenses equally paid by all Co-owners
B) External expenses not paid by all Co-owners
