Common use of USE OF THE RESULTS Clause in Contracts

USE OF THE RESULTS. I.11.1 Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract, shall be owned solely by the European Union, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into. I.11.2 Where industrial and intellectual property rights, including rights of ownership and use of the Contractor and third parties, exist prior to the Contract being entered into (“pre-existing rights”) the Contractor shall list precisely at the end of the period of the execution of the tasks at the latest all materials, information, IT tools, methodology and any other results or parts of the result to which third parties have rights or for which the right is not to be unconditionally given to the European Union. For every listed item the Contractor shall described precisely the scope of pre-existing rights and other rights and the scope and the way, direct or indirect, of the partial vesting and thereby the effective transfer of rights to the European Union. I.11.3 The Contractor shall present relevant and exhaustive evidence of acquiring all necessary rights together with presentation of the relevant result. In case parts of the results were created by employees of the Contractor, documentary evidence shall be provided as to how the creator’s or author’s rights were transferred to the Contractor. I.11.4 Subject to the provision of Article I.11.2, all pre-existing rights to delivered results shall vest in the European Union and thereby under the terms of the Contract be effectively transferred to the European Union, as provided for in Article II.7.2.

Appears in 4 contracts

Samples: Framework Service Contract, Framework Service Contract, Framework Service Contract

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USE OF THE RESULTS. I.11.1 Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract, shall be owned solely by the European Union, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into. I.11.2 Where industrial and intellectual property rights, including rights of ownership and use of the Contractor and third parties, exist prior to the Contract being entered into (“pre-existing rights”) the Contractor shall list precisely at the end of the period of the execution of the tasks at the latest all materials, information, IT tools, methodology and any other results or parts of the result to which third parties have rights or for which the right is not to be unconditionally given to the European Union. For every listed item the Contractor shall described describe precisely the scope of pre-existing rights and other rights and the scope and the way, direct or indirect, of the partial vesting and thereby the effective transfer of rights to the European Union. I.11.3 The Contractor shall present relevant and exhaustive evidence of acquiring all necessary rights together with presentation of the relevant result. In case parts of the results were created by employees of the Contractor, documentary evidence shall be provided as to how the creator’s or author’s rights were transferred to the Contractor. I.11.4 Subject to the provision of Article I.11.2, all pre-existing rights to delivered results shall vest in the European Union and thereby under the terms of the Contract be effectively transferred to the European Union, as provided for in Article II.7.2.

Appears in 1 contract

Samples: Framework Service Contract

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