Emily M. Weitzenboeck - Institutt for Rettsinformatikk Access Rights for exploitation of results Emily M. Weitzenböck Institutt for Rettsinformatikk University of Oslo MARVIN WP Meeting, IRI, Oslo, 5th April 2000

Emily M. Weitzenboeck - Institutt for Rettsinformatikk Sources The CEC-Contract entered into by DNV, LMS, GL, IWi, IST & the Commission The Associated Contractor Agreements entered between DNV & IRI, DNV & Marinor, LMS & Neorion, IST & Marenostrum, IST & Lisnave The Consortium Agreement (CA) entered between all the 10 Marvin partners.

Emily M. Weitzenboeck - Institutt for Rettsinformatikk Background & Foreground - CEC-Contract Background = Background Information + Background Rights –Background Information: all information owned or controlled by a Party in the same fields as, or fields related to, the Project. –Background Rights: patent applications, patents, registered designs, copyrights and other similar statutory rights + applications for such rights, owned or controlled by a Party in the same fields as, or fields related to, the Project. Foreground = Foreground Information + Foreground Rights –Foreground Information: all information generated by any Party, or third party working for it, in the performance of the Project. –Foreground Rights: patents, registered designs, copyrights and other similar statutory rights, as well as applications for any such rights, resulting from the performance of the Project.

Emily M. Weitzenboeck - Institutt for Rettsinformatikk Ownership Background - owned either by the Party or by a third party Foreground shall be owned by the Contractor(s) or Associated Contractor(s) generating it. Contractors are bound to take appropriate action to protect the Foreground Information which could be used for commercial or industrial application. Where no protection of patentable information is to be sought, the Commission is to be notified, at the latest in the technology implementation plan.

Emily M. Weitzenboeck - Institutt for Rettsinformatikk Technology Plan Parties shall, through the Co-ordinator, submit at or before the end of the Project a technology implementation plan. This should indicate all potential Foreground Rights and exploitation intentions (including a timetable) taking account of Community policies, including those for the transfer of technology to SMEs, and promoting the use of generic technology (art. 10 CEC-Contract)

Emily M. Weitzenboeck - Institutt for Rettsinformatikk CEC-Contract Differentiates between Foreground & Background as regards Access Rights for RTD Differentiates between Foreground & Background as regards Access Rights for Exploitation Various levels of access rights & conditions are mentioned in Articles 13 & 14. Duration and implementation is specified in Article 17

Emily M. Weitzenboeck - Institutt for Rettsinformatikk Consortium Agreement All Parties agree to be bound by the terms of Part B of Annex II of the CEC-Contract, i.e. on “Publicity, Exploitation and Transfer of Technology”. Contractor there means a Party to the CA + its Affiliates The royalty-free licences & user rights in respect of Foreground are deemed irrevocably granted as of the date of the CA (i.e ) Each Party agrees not to use knowingly, as part of or in the design of a deliverable, any third party proprietary rights for which such Party has not acquired the right to grant licences and user rights to the other Parties, unless all the other Parties have accepted such use in writing

Emily M. Weitzenboeck - Institutt for Rettsinformatikk CA (cont.) IWi granted non-exclusive Access Rights to Background specified in Appendix B to the CA (section B.6) on a royalty-free basis to the other Parties for the exploitation of Foreground. Academic Parties will obtain royalties in proportion to their financial, intellectual and technical contribution to the Project, in the case of commercial exploitation by any of the other Parties of their Foreground knowledge. Royalties are to be paid by the Party/Parties making the commercial exploitation. This does not apply to exploitation of any IWi Background specified in section B.6 of Appendix B to the CA.

Emily M. Weitzenboeck - Institutt for Rettsinformatikk CA (cont.) Where a Party that is not incorporated or established principally to undertake manufacturing activities and which, due to its size or nature, is itself unable to commercialise the Foreground Information, the other Parties shall themselves have a prior right (over any third party) to agree to undertake such manufacturing on fair and reasonable terms and conditions.

Emily M. Weitzenboeck - Institutt for Rettsinformatikk CA (cont.) Where there is cessation of control of an Affiliate, any Access Rights granted to such Affiliate shall cease to exist. A non-exclusive licence shall be provided to it where Foreground Information has been incorporated into the products or processes of such Affiliate or amalgamated with its own information. Licences or user rights which had been granted by such an Affiliate to a Party shall continue. Where a Subcontractor or Associated Contractor is to be employed to carry out part of a Party’s work on the Project, no access rights to Foreground of another Party may be given without the prior written consent of such party.

Emily M. Weitzenboeck - Institutt for Rettsinformatikk CA (cont.) Confidentiality –A party will not use information which has been disclosed to that Party by another Party on a confidential basis, for any purpose other than the carrying out of its obligations under the CEC- Contract and the CA or in terms of such two aforementioned agreements, for a period of 5 years from the date of disclosure. –The Party to whom disclosure is made will treat the same as confidential. –However, a Party may enter into a technical co-operation or licensing arrangement with a third party in respect of minor amounts of the Foreground or other Information of another Party which have been unavoidably incorporated into or amalgamated with the first Party’s own Foreground or associated Background Information. In such event, a non-exclusive licence will be granted under terms & conditions to be agreed, provided no major business interests of such Party oppose the grant of this licence.