Protection of Knowledge. 10.1.1 If, in the course of carrying out work on the Project, a joint invention, design or work is made (and one or more Parties are contributors to it), and if the features of such joint invention design or work are such that it is not possible to separate them for the purpose of applying for, obtaining and/or maintaining the relevant patent protection or any other intellectual property right, the Parties concerned agree that they may jointly apply to obtain and/or maintain the relevant right together with any other parties concerned (which usually will be Assistant Contractors). The Parties concerned shall seek to agree between them and the other parties concerned arrangements for applying for, obtaining and/or maintaining such right on a case-by-case basis. Where the parties concerned are solely Parties, so long as any such right is in force, the Parties concerned shall be entitled to use and to license such right without any financial compensation to or the consent of the other Parties concerned. For the avoidance of doubt, joint ownership of an invention, design or work shall not affect the obligations arising under this Consortium Agreement or the Contract.
10.1.2 In respect of a country either specified by the Commission or agreed by the Parties, a Party shall notify the other Parties (via the Coordinator if practical) if it does not intend to seek adequate and effective protection (as required by the Contract) of certain of its Knowledge from the Project or if that Party intends to waive such protection. If another Party (or Parties) informs the notifying Party in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Party shall assign to such other Party(ies) all necessary rights which it owns. Such assignment shall ensure the Access Rights of all Parties will be unaffected except that the Party(ies) shall not enforce the resultant rights acquired pursuant to the assignment against the Party which assigned its rights, nor against such Party's Affiliates or licensees under the assigned rights. For the avoidance of doubt, the Party which assigned its rights shall have at least the same Access Rights as the non-involved Parties.
Protection of Knowledge. 10.1.1 If, in the course of carrying out work on the , a joint invention, design or work is made (and one or more are contributors to it), and if the features of such joint invention design or work are such that it is not possible to separate them for the purpose of applying for, obtaining and/or maintaining the relevant patent protection or any other intellectual property right, the concerned agree that they may jointly apply to obtain and/or maintain the relevant right together with any other parties concerned (which usually will be ). The concerned shall seek to agree between them and the other parties concerned arrangements for applying for, obtaining and/or maintaining such right on a case-by-case basis. Where the parties concerned are solely , so long as any such right is in force, the concerned shall be entitled to use and to license such right without any financial compensation to or the consent of the other concerned. For the avoidance of doubt, joint ownership of an invention, design or work shall not affect the obligations arising under this or the . assigned its rights shall have at least the same as the non-involved .
Protection of Knowledge. In case a Contractor, Other entity or Member (“Originator”) decides in its sole discretion that it does not intend to seek adequate and effective protection over (part of) its Knowledge resulting from the Project, then the Originator shall inform in writing the other Contractors, Other entities and Members, through the Coordinator, and any Contractor, Other entity or any Member interested in applying to obtain and maintain such protection shall inform accordingly the other Contractors, Other entities and Members through the Coordinator and in writing within one (1) month of receipt of the relevant notice. In case several Contractors, Other entities or Members are interested in so applying, they shall strive to set up among themselves and with the Originator appropriate agreements to this end. Should no other Contractor, Other entity or Member show an interest in so applying, the Coordinator shall inform accordingly the Commission in accordance with Annex II General Conditions – C, Article II.33 of the EC Contract. The foregoing shall be without prejudice to the Access Rights of all Contractors, Other entities or Members that will remain unaffected. The agreement concluded between a Contractor, an Other entity or a Member and a subcontractor shall prohibit the subcontractor from applying for any intellectual or industrial property right with regard to the Knowledge.
Protection of Knowledge. 9.1. Insofar as the execution of the Assignment by Invert Robotics leads to patentable matter, Invert Robotics has the right to apply for a patent in its name and at its expense.
Protection of Knowledge. 1. Contractors shall provide adequate and effective protection for knowledge owned by them which is capable of use, in particular in the case of joint ownership. The terms of the protection, including protection periods, shall be defined in the technological implementation plan, which must be in conformity with the principles set out in Articles 16 and 17 of this Annex.
2. Where a contractor does not intend to protect his knowledge in a country specified by the Commission or waives such protection, the latter may take measures to that end in agreement with the former. The contractor concerned may not refuse without good reason. In such cases the Community shall assume the obligations referred to in Articles 10 to 14 of this Annex instead of the contractor. The contractor shall, on request, be entitled to access rights in the country in question on a royalty-free basis, and may grant sublicences on the knowledge.
3. A contractor may publish, or allow the publication of, data, on whatever medium, concerning knowledge it owns provided that this does not affect the protection of that knowledge. The other contracting parties shall be given, in good time, prior notice of any planned publication and the scheduled date thereof. A copy of the medium containing these data shall be communicated to them if they so request within 30 days after receipt of such notice. They may object to such publication, provided that due reasons for the objections are given, within a new period of 30 days after receipt of such data where, from their point of view, it would adversely affect the protection of the knowledge referred to in paragraph 1 of this Article. The consortium agreement may specify the details of such a right to object and the measures necessary to ensure a speedy publication without prejudicing the protection.
Protection of Knowledge. The costs of the protection of knowledge generated in the framework of the project shall comprise the actual costs necessary for adequate and effective protection for such knowledge, taking into account the interests of the Community. They shall be eligible only in so far as the Commission has given its prior written approval to the contractors and in so far as the competition rules, in particular those under the Community framework for State aid to research and development, are complied with. In the absence of observations within one month of receipt of the request made by the coordinator, the approval of the Commission shall be deemed to have been given. They comprise: - the costs of documentary research preliminary to the filing of an application for the granting of an industrial property right, - the fees paid to the competent authorities that are necessary with a view to the granting of an industrial property right or its territorial extension, provided that prior documentary research, as referred to in the first indent, has been carried out, and - the fees paid to the competent authorities to extend the duration of the industrial property right. Fees paid to advisers for knowledge protection purposes shall be reimbursable provided that an application for the granting of an industrial property right has been subsequently filed. Personnel costs incurred in this connection shall be reimbursable, provided that:
(i) the conditions of paragraph 1(a) and (b) or (c) of this Article shall apply and
(ii) the time actually worked on the project shall be recorded and certified in accordance with paragraph 1(a), third sentence, of this Article. The Community’s financial contribution in respect of the third subparagraph of this paragraph may not exceed EUR 4 000 per industrial property right. The costs of protection of such knowledge shall exclude, in particular: - translation costs, - the costs incurred with a view to obtaining the access rights referred to in Articles 12, 13 and 14 of this Annex.
Protection of Knowledge. Other specific costs . . . . . . . . . Subtotal Indirect Costs 9. Overheads . . . . . . . . . Adjustments 10. Adjustments to costs previously reported 6
Protection of Knowledge. 1. Participants who own knowledge resulting from the project shall provide adequate and effective protection for such knowledge, in particular in the case of joint ownership, for an appropriate duration, in accordance with any applicable regulation or convention.
2. A participant participating in the project may publish, or allow the publication of, data, on whatever medium, concerning knowledge which it owns provided that this does not affect the protection of that knowledge. The contracting parties shall be given, in good time, prior notice of any planned publication and the scheduled date thereof. A copy of the medium containing these data shall be communicated to them if they so request within 30 days after receipt of such notice. They may object to such publication provided that due reasons for the objections are given within a new period of 30 days after receipt of such data where, from their point of view, it would adversely affect the protection of the knowledge referred to in paragraph 1 of this Article. The consortium agreement may specify the details of such a right to object and the measures necessary to ensure a speedy publication without prejudicing the protection.
Protection of Knowledge. The costs of the protection of knowledge generated in the framework of the project shall comprise the actual costs necessary for adequate and effective protection for such knowledge, taking into account the interests of the Community. They shall be eligible only in so far as the Commission has given its prior written approval to the participants and competition rules, in particular those concerning the Community framework for State aid to research and development, are complied with. In the absence of observations within one month of receipt of the request made by the – the costs of documentary research preliminary to the filing of an application for the granting of an industrial property right, – the fees paid to the competent authorities that are necessary with a view to the granting of an industrial property right or its territorial extension, provided that prior documentary research, as referred to in the first indent, has been carried out, and – the fees paid to the competent authorities to extend the duration of the industrial property right. Fees paid to advisers with a view to the protection of such knowledge shall be reimbursable provided that an application for the granting of an industrial property right has been subsequently filed. Personnel costs incurred in this connection shall be reimbursable, provided that:
(i) the conditions of paragraph 1(a) and (b) or (c) of this Article shall apply mutatis mutandis, and
(ii) the time actually worked on the project shall be recorded and certified in accordance with paragraph 1(a), third sentence of this Article. The Community’s financial contribution in respect of the third subparagraph of this paragraph may not exceed EUR 4,000 per industrial property right. The costs of protection of such knowledge shall exclude, in particular, translation costs. The costs of protection of the knowledge and of measures to demonstrate the potential for exploitation of the knowledge shall also exclude the costs of creating and marketing a product and process and the costs of creating and providing a service.
Protection of Knowledge. In case a Contractor or Member (“Originator”) decides in its sole discretion that it does not intend to seek adequate and effective protection over (part of) its Knowledge resulting from the Project, then the Originator shall inform in writing the other Contractors and Member, through the Coordinator, and any Contractor or any Member interested in applying to obtain and maintain such protection shall inform accordingly the other Contractors and Members through the Coordinator and in writing within one (1) month of receipt of the relevant notice. In case several Contractors or Members are interested in so applying, they shall strive to set up among themselves and with the Originator appropriate agreements to this end. Should no other Contractor or Member show an interest in so applying, the Coordinator shall inform accordingly the Commission in accordance with Annex II General Conditions – C, Article II.33 of the EC Contract. The foregoing shall be without prejudice to the Access Rights of all Contractors or Members that will remain unaffected. The agreement concluded between a Contractor or a Member and a subcontractor shall prohibit the subcontractor from applying for any intellectual or industrial property right with regard to the Knowledge.
