Common use of – INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD Clause in Contracts

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights or from his or their legal representatives to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of the holder of the said rights. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writing. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: • the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; • contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; • the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 3 contracts

Samples: Standard Framework Service Contract, Framework Service Contract, Service Contract

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– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract or a specific contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives representatives, to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: • the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; • contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; • the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 2 contracts

Samples: Direct Service Contract, Direct Service Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract contract, shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, party the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be are brought against the European Parliament, the Contractor shall take all the requisite necessary measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: • the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; • contrary to an express provision included in the contract, the European Parliament assigns all or any of the services supplies to a purpose other than that provided for in the specifications and the annexes thereto; • the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 2 contracts

Samples: Supply Contract, Supply Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract contract, shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract or specific contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, party the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights or from his or their legal representatives to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of the holder of the said rights. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writing. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for indemnification referred to in paragraph 5 shall not apply in cases where: - the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; - contrary to an express provision included in the contract, the European Parliament assigns all or any of the services works to a purpose other than that provided for in the specifications and the annexes thereto; - the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service works would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Works Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract contract, shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, party the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be are brought against the European Parliament, the Contractor shall take all the requisite necessary measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; • contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; • the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.;

Appears in 1 contract

Samples: Framework Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives representatives, to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Framework Service Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights or from his or their legal representatives to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of the holder of the said rights. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writing. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Framework Service Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract or a specific contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives representatives, to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Direct Service Contract

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– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract or for service no. 3 a specific contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives representatives, to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: • the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; • contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; • the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Audit and Review Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by on the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights rights, and the various methods of exploiting those rights rights, shall either be for free or for payment, depending on according to the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives representatives, to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Standard Framework Service Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives representatives, to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of the holder of the said rights. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him/her. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself him/herself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Framework Service Contract

– INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO A THIRD. PARTY 1. Any results, works or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall belong exclusively to the European Parliament, which may use or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the conclusion of the contract. After formal acceptance, and subject to specific provisions in the specifications, the European Parliament shall become the owner of results, works or rights thereto. In the absence of formal acceptance, ownership shall be transferred at the latest by the date on which the last payment request is issued by the Contractor. The transfer of ownership of assigned rights and the various methods of exploiting those rights shall be either be free or for payment, depending on the specific provisions in the specifications. Subject to paragraph 2, the Contractor hereby warrants that he is entitled to assign copyright and other intellectual or industrial property rights in respect of the said results or works. In no circumstances may the Contractor exploit (assign, reproduce, communicate, publish, adapt or use in any way) the rights assigned pursuant to this paragraph unless the European Parliament has given prior authorisation in writing. 2. Where performance of the contract entails the use of an intellectual or industrial property right belonging to a third party, the Contractor hereby warrants that he has obtained authorisation from the holder or holders of the said rights rights, or from his or their legal representatives representatives, to use those rights for the purposes of this contract. In such cases the Contractor must also inform the European Parliament of any obligation or restriction arising from copyright or another intellectual or industrial property right belonging to a third party. Any fee for which the Contractor may be liable for such authorisation shall be paid by him. 3. Where non-pecuniary rights exist in respect of the work assigned, the Contractor shall inform the European Parliament of identify the holder of the said rightsrights to the European Parliament. 4. The European Parliament shall not be required to publish manuscripts or documents supplied in performance of the contract. If it decides not to publish the manuscripts or documents thus supplied, the Contractor may have them published elsewhere only with the European Parliament’s authorisation in writingwritten authorisation. 5. Should performance of the contract involve the use of an intellectual or industrial property right belonging to a third party and should proceedings for breach of such a right be brought against the European Parliament, the Contractor shall take all the requisite measures to support the European Parliament in those proceedings and shall bear all the costs of any kind and any damages awarded against the European Parliament. 6. The measures provided for in paragraph 5 shall not apply in cases where: • the European Parliament requires the use of an intellectual or industrial property right belonging to a third party; • contrary to an express provision included in the contract, the European Parliament assigns all or any of the services to a purpose other than that provided for in the specifications and the annexes thereto; • the European Parliament refuses to agree to a replacement or modification proposed by the Contractor in order to avoid infringement, even though the replacement or modified service would comply with the technical requirements laid down in the specifications and the annexes thereto. 7. In the cases referred to in paragraph 6, the European Parliament shall be responsible for obtaining the necessary licences and for the payment of royalties or indemnities, procedural costs of all kinds and compensation to the Contractor for any damage sustained by him. 8. The European Parliament and the Contractor shall notify each other of any information which leads them to believe that an intellectual or industrial property right might impede performance of the contract. At the first indication of any action by a third party, in particular the lodging of a claim, even after performance of the contract, the party implicated shall notify the other party without delay, whereupon both parties shall act by mutual agreement and shall exchange all information and evidence which they may possess or obtain. 9. The fact that the subject of the contract or any part thereof is protected by an intellectual or industrial property right owned by the Contractor or in respect of which he holds a licence shall not prevent the European Parliament from repairing it or from having it repaired by a person of its choosing, assuming liability for any claims arising from the rights of third parties, save where the Contractor himself possesses an intellectual or industrial property right in respect of the repair process and, after having been consulted first, offers to effect the repairs within a reasonable time and at a reasonable price.

Appears in 1 contract

Samples: Standard Framework Service Contract

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