Use of the Results by Affiliates. Whether or not parties will allow affiliates of other parties to have access to their background or their results has to do with ‘control’. Especially when it concerns valuable knowledge (patentable or not), it can be of strategic importance to limit the access to one’s background or results. The parties have several options regarding access for affiliates:
Use of the Results by Affiliates. Whether or not Parties will allow Affiliates of other Parties to have access to their Background IPR or their Results has to do with ‘control’. Especially when it concerns valuable knowledge (patentable or not), it can be of strategic importance to limit the access to it. The Parties have several options regarding access for Affiliates: An unconditional ‘yes’; A conditional ‘yes’. The Party that wants to give its Affiliates access to another Party’s Background IPR or Results needs the prior written approval of that Party. Fair and reasonable compensation can be a condition for the approval of such request; Pre-approved Affiliates are listed in a Appendix attached to the Consortium Agreement and the conditions for access are inserted in the body of the agreement;
