PROTECTION OF RESULTS. VISIBILITY OF EU FUNDING
PROTECTION OF RESULTS. The Recipient [which has received EIT funding] must adequately protect its results — for an appropriate period and with appropriate territorial coverage — if protection is possible and justified, taking into account all relevant considerations, including the prospects for commercial exploitation, the legitimate interests of the other Recipients in the same Project and any other legitimate interests.
PROTECTION OF RESULTS. Costs related to the protection of the actions results (e.g. consulting fees, fees paid to the patent office for patent registration; see Article 27) are eligible if the eligibility conditions are fulfilled. Costs related to protection of other intellectual property (e.g. background patents) are NOT eligible. Supplies in stock — Supplies and consumables which were already in the stock of the beneficiary may be eligible as a direct cost, if they are used for the action and fit the definition of direct costs under Article 6.2. specifically recorded and it is mentioned in the invoice. The internal invoice must refer to the use/dedication for the action of specific resources (e.g. per researcher, piece of equipment, etc.).
PROTECTION OF RESULTS. VISIBILITY OF EU FUNDING SME-Ph1 mono-beneficiary: ARTICLE 27 — PROTECTION OF RESULTS — VISIBILITY OF EU FUNDING Not applicable
PROTECTION OF RESULTS. VISIBILITY OF EU FUNDING ERC Low-Value mono-beneficiary: ARTICLE 27 — PROTECTION OF RESULTS — VISIBILITY OF EU FUNDING Not applicable
PROTECTION OF RESULTS. The Recipient must adequately protect its results before, during and after the Financial Support Agreement — for an appropriate period and with appropriate territorial coverage — if protection is possible and justified, taking into account all relevant considerations, including the prospects for commercial exploitation, the legitimate interests of the other Recipients in the same Project and any other legitimate interests.
PROTECTION OF RESULTS. (a) In the event that, pursuant to Clause 8.6, a party identifies any Result that it believes can be protected by a Protective Application, the Parties agree that the responsibility for the drafting, filing and prosecution of such a Protective Application (including payment of costs) in respect of the Result shall rest with ITBC.
PROTECTION OF RESULTS. 9.1 Without prejudice to 9.7, Intellectual Property (‘IP’) and all rights pertaining thereto, created in and for the performance of this Agreement shall belong to the Party whose personnel created it. Unless provided otherwise in this Agreement, the owning Party may use, exploit, assign or dispose of such IP at its own discretion.
9.2 Each Party shall provide the other Party with a list of IP it brings for the performance of this Agreement upon its signature or as soon as the IP is brought.
9.3 Each Party, including in case of subcontracting, shall secure its ownership or rights in the IP created in and for the performance of this Agreement to the extent necessary for the exercise of their duties and obligations under this Agreement.
9.4 Each Party shall provide and agree with the other Party upon a list of IP it has created in and for the performance of this Agreement as soon as the IP is created and at the latest by the end of the validity of this Agreement.
9.5 The Parties shall grant each other rights of access to and use of the IP created in and for the performance of this Agreement on a non-exclusive, royalty-free and non- transferable basis for non-commercial purposes.
9.6 If the owning Party decides to waive or abandon its rights in the IP created, or decides not to seek its protection, whether by means of patent registration or other means, it shall inform the other Party of its decision. In this case, the other Party may succeed the owning Party in the maintenance of said IP or pursue its protection independently, in its own name and through its own financial means. The intention of the other Party shall be communicated to the owning Party in writing and within thirty (30) working days from the date of the initial communication from the owning Party. In that case, the owning Party shall assign the concerned IP to the other Party.
9.7 Results are considered jointly-owned if:
(a) the Parties have both contributed to their creation; or
(b) the Parties’ respective contributions cannot be clearly or reasonably distinguished; or
(c) it is evident that contributions have merged and cannot exist independently.
9.8 The Parties shall conclude a joint-ownership agreement to cover the Parties’ rights and obligations relating to the jointly-owned IP.
9.9 In the absence of a joint-ownership agreement, neither Party may dispose of, license, assign, or transfer jointly-owned IP to a third-party without the written consent of the other Party.
9.10 If the collabor...
PROTECTION OF RESULTS. 6.4.1 General Commitment to protect Results In accordance with Annex 5 of the Grant Agreement, Beneficiaries Receiving IHI JU Funding must adequately protect their Results — for an appropriate period and with appropriate territorial coverage — if protection is possible and justified, taking into account all relevant considerations, including the prospects for commercial exploitation, the legitimate interests of the other Beneficiaries and any other legitimate interests.
6.4.2 Patents - Inventorship, assignment and inventor remuneration
6.4.2.1 Subject to other conflicting regulations under applicable law, the inventorship of any invention under this Consortium Agreement shall be determined by the owning Beneficiary in accordance with applicable patent laws and practices.
6.4.2.2 Each Beneficiary will claim any patentable Result from its own inventors according to the applicable legal requirements of inventorship and inventor remuneration. Each Beneficiary shall be solely responsible for any potential compensation due to any of its employees, agents, Extended Affiliates, Associated Partners or Sub-Contractors in relation to any of its Results, including without limitation any potential remuneration due by operation of law to any of its employees, agents, Extended Affiliates, Associated Partners, or Sub-Contractors (or their respective employees) on account of commercialization or any other activity of any of its Result.
6.4.2.3 [OPTIONAL: Include if ownership assignments are agreed in Clause 6.3: In the event that the Beneficiary which has generated the Results is not the owning Beneficiary per Clause 6.3 of this Consortium Agreement, such generating Beneficiary shall, subject to any applicable laws and at the owning Beneficiary's request:
a) cause its own and its Extended Affiliates, Associated Partners and Sub- Contractors’ employees and agents to execute and deliver to the owning Beneficiary all such documents and do all such things as may be reasonably required by the owning Beneficiary to confirm the vesting of any and all the rights into the invention to the owning Beneficiary;
b) cause its own and its Extended Affiliates, Associated Partners and Sub- Contractors’ employees and agents to assist the owning Beneficiary in prosecuting such patent applications and execute and deliver any and all instruments necessary to make, file and prosecute all such applications, at the owning Beneficiary’s costs.]
PROTECTION OF RESULTS. 5.1 The Parties shall agree for each case in which countries a patent application shall be filed and who shall file and prosecute in the name of both Parties a patent application in respect of a patentable invention being part of the jointly owned Foreground Information. The costs of such application as well as the prosecution thereof shall be borne by the Parties at equal shares.
5.2 If either Party intends to discontinue the prosecution of any patent application mentioned in Article 5.1, or wishes to register a patent in a country where the other party does not wish to register, or to cease paying annual fees for upholding a patent, he shall forthwith inform the other party thereof in writing. The latter Party may then at his own discretion start or continue the prosecuting of the application or the payment of the annual fees. By doing so he shall become the sole owner of all the rights in the patent without further payment to the other Party. This shall not, however, affect the rights of exploitation set out in Article 4.
5.3 Each Party shall, against reimbursement of the costs incurred, give the other Party any assistance that the latter may reasonably require in filing, prosecuting and defending any patent claims referred to in Article 5.1 and 5.2.
