RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND AND RESULTS. SUBSECTION 1 GENERAL ARTICLE 23a — MANAGEMENT OF INTELLECTUAL PROPERTY Not applicable SUBSECTION 2 RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND ARTICLE 24 — AGREEMENT ON BACKGROUND Not applicable
RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND AND RESULTS. 40 ARTICLE 18 — ADDITIONAL RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND AND RESULTS 40
RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND AND RESULTS. Article 16 – Management of intellectual property The beneficiary must identify and agree (in writing) on the background for the action (‘agreement on background’). ‘Background’ means any data, know-how or information — whatever its form or nature (tangible or intangible), including any rights such as intellectual property rights — that: ▪ is held by the beneficiaries before they acceded to the Agreement, and ▪ is needed to implement the action or exploit the results. No rights to the intellectual property held by the Pharaon consortium, its linked third-parties, or subcontractors are granted to the beneficiary unless explicitly stated otherwise. If the beneficiary breaches any of its obligations under this Article, the grant may be reduced. Such breaches may also lead to any of the other measures described in Chapter 6. To exercise access rights, this must first be requested in writing (‘request for access’). ‘Access rights’ means rights to use results or background under the terms and conditions laid down in this Agreement. Waivers of access rights are not valid unless in writing. Unless agreed otherwise, access rights do not include the right to sub-license. Results are owned by the beneficiary that generates them. ‘Results’ means any (tangible or intangible) output of the action such as data, knowledge or information — whatever its form or nature, whether it can be protected or not — that is generated in the action, as well as any rights attached to it, including intellectual property rights. No rights to the intellectual property held by the Pharaon consortium, its linked third-parties, or subcontracts are granted to the beneficiary unless explicitly stated otherwise.
RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND AND RESULTS. The conditions set out in the Grant Agreement (Annex 1) Articles 23a, 24, 25, 26,27, 28, 29, 30, 31 and in the Consortium Agreement, Section 8 and 9, apply. In addition: − The Linked Third Party has identified and agreed on the Background for the Project and has also, where relevant, informed ENEA that Access to specific Background is subject to legal restrictions or limits. Anything that it is not identified in Attachment 3 shall not be the object of Access Right obligations regarding the Background. The Linked Third Party may add further Background to Attachment 3 during the Project by written notice to ENEA. − The Results developed by the Linked Third Party could be shared between ENEA and the Linked Third Party proportionally to the financial contribution given by the Linked Third Party in the Project, according to the provisions contained in the Consortium Agreement among the Beneficiaries and in the Joint Ownership Agreement to be signed among the Beneficiaries within 8 months as of the generation of the Result. − Unless otherwise agreed, the Linked Third Party shall be entitled to use its jointly owned Results for non-commercial research activities and educational purposes on a royalty-free basis, and without requiring the prior consent of ENEA. Any kind of commercial exploitation of the Results by the Linked Third Party has to be agreed with ENEA. − ENEA has full access to Results obtained by Linked Third Party in order to be able to respect its obligations in the Project, as if those Results were entirely generated by ENEA itself. − A Participant (Beneficiary and Linked Third Party) shall not include in any dissemination activity another Party's Results or Background without obtaining the owning Participant's prior written approval. − Access Rights to the share of Results owned by the Linked Third Party and Background Needed for the performance of XXXX’x own work under the Project shall be granted on a royalty-free basis. − Access rights to Results for internal research activities and educational purposes shall be granted on a royalty-free basis. − A request for Access Rights can be made up to twelve (12) months after the end of the Project or after the termination of the requesting Party’s participation in the Project.
