Ownership of the foreground. 1. Foreground shall be the property of the beneficiary.
Ownership of the foreground. The ownership and all intellectual property rights to the Foreground shall belong to the Research Party who has created, invented or generated it. For the sake of clarity, the test results of the novel developmental material formulations shall belong to the Party who owns such formulations. Only general information generated during the tests shall belong to the Research Party. The Foreground created or generated jointly by two or more Research Parties shall belong jointly to the Research Parties concerned. The Research Parties concerned shall agree separately on the detailed conditions for using their joint ownership. Unless otherwise agreed each Research Party concerned shall be entitled to use and to license such Foreground without any financial compensation to or the consent of the other joint owners. In case the rights of the personnel taking part in the execution of the Project are not automatically transferred to the Party, such Party shall ensure that the rights of such personnel will be transferred to the Party by acceptance of this Agreement or otherwise in writing and to the extent needed for the Party to fulfil its obligations in accordance with this Agreement. The other Parties have the right to receive a copy of said transfer agreement. In case the Industrial Party participates in the Project by performing work in the Project instead of or in addition to its annual fee, all rights to such Foreground shall be transferred without any additional compensation to the Research Party. In such a case the Research Party has the right to supervise the performance of the Industrial Party and the Industrial Party commits itself to take into account all recommendations made by the Research Party when performing the work. The notifications on inventions that are made by the inventor to his/her employer shall be brought in written form to the attention of the Steering Group. The employer of the inventor shall solely decide whether it is willing to apply for a patent for the invention or not, the extent and the maintenance of the patent concerned. For the avoidance of doubt it is noted that the Party owning the rights to an invention made in the Project may also decide not to apply for a patent for example for confidentiality reasons.
Ownership of the foreground. Each beneficiary is the owner of the results it generates during the project. In order to be able to prove ownership (as well as the date of generation) of foreground, it is strongly recommended that all participants maintain documents showing the development of the generation of knowledge or results (e.g. laboratory notebooks) in accordance with proper standards. This may help avoid or resolve disputes between participants about the origin of certain results and any attached IPR. Employees' rights have to be taken into consideration. Participants must ensure that, where necessary, they reach an agreement with their employees and other personnel if the latter are entitled to claim rights to foreground (including third parties such as subcontractors, students, etc.) in order for the participant to be able to meet its contractual obligations (this is particularly important for the granting of access rights to foreground to other parties, Article II.26.3 of ECGA). Such agreements may, for instance, involve a formal transfer of ownership, or at least the granting of appropriate access rights (with a right to sublicense). For academic institutions, this is especially relevant regarding (a) "non-employees" such as students (both undergraduate and postgraduate, e.g. PhD students), and (b) researchers in those countries having a specific type of "professor’s privilege" regime (according to which the researchers concerned may have some personal rights to the results of university research). ECsafeSEAFOOD ownership clauses can be found in the ECsafeSEAFOOD Consortium Agreement (Section 8) and in the ECsafeSEAFOOD Grant Agreement (Article II.26).
Ownership of the foreground. 1. Foreground shall be the property of the beneficiary carrying out the work generating that foreground. IDM Ref.: FPA-[XXX]
