FP OntoGrid: Paving the way for Knowledgeable Grid Services and Systems Intellectual Property Rights Review meeting Delft, April 2005

2Review Meeting - Delft, April 2005 Table of Contents  Pre-existing Know-how and Ownership of Knowledge  Intellectual Property  Exploitation of Contractor Knowledge  Exploitation and Filing for Protection of Joint Knowledge  Access Rights

3Review Meeting - Delft, April 2005 IPR (I) Pre-existing Knowledge Any Pre-existing Know-how remains the property of the owner Contractor Once the Knowledge has been created All Knowledge and all rights therein shall be owned by the Contractor (Owning Contractor) or Contractors (Joint Knowledge) creating that Knowledge.

4Review Meeting - Delft, April 2005 IPR (II) Intellectual Property Project software release under BSD-style license. PCD&EB will monitor the license schema and has the right to change it About the IRP, the PMB is in charge of: Deciding about the Conditions of access rights to Pre-existing Knowledge by contractors, subsidiaries, and affiliates not listed prior to the contract signature. Managing the knowledge portfolio upon consultation of the industrial property use and dissemination committee (PCD&EB) Reviewing and authorizing publications and communications in connection with Knowledge issuing from the Project Reviewing and taking measures in connection with the PCD&EB about the Project Knowledge and Rights Deciding on the acquisition of rights from third parties Taking measures in case of default by the Co-ordinator in the performance of its tasks

5Review Meeting - Delft, April 2005 IPR (III) Exploitation of Contractor Knowledge Each partner has preferential terms to get a licence for access rights of project Knowledge Each partner will access to a licence for access rights of Pre-existing Know-how under reasonable terms Owning Contractor shall be at liberty to offer its Contractor Knowledge to third parties for the purposes of exploitation, such licences shall be granted on market terms Owning Contractor has not the right on solely and exclusively exploiting their Contractor Knowledge Each Contractor will be responsible for the filing, protection and maintenance of the Contractor Knowledge which they own

6Review Meeting - Delft, April 2005 IPR (IV) Exploitation of Joint Knowledge Joint Knowledge shall be owned by the Creating Contractors in equal shares unless otherwise determined by the Creating Contractors. PCD&EB will mediate in case of any dispute. The granting of Joint Knowledge licences shall be subject to mutual written agreement between the Creating Contractors Each partner has preferential terms to get a licence for access rights of Joint Project Knowledge Each partner will access to a licence for access rights of Joint Pre-existing Know-how under reasonable terms Creating Contractors shall be at liberty to offer their Joint Knowledge to third parties for the purposes of exploitation on market terms Filing for Protection of Joint Knowledge Creating Contractors shall agree who shall be responsible for the filing, protection and maintenance of the Joint Knowledge The costs of protecting shall be borne equally by Contractors unless otherwise agreed. In case of dispute, PCD&EB shall make the decision

7Review Meeting - Delft, April 2005 IPR (V) Access Rights Right to sub-licence is excluded For Contractors Each Contractor grants to the other Contractors a non-exclusive, royalty- free access rights licence to Contractor Knowledge, Joint Knowledge and Pre-existing Know-how for the purposes of carrying out the Project, teaching, internal research purposes and dissemination The CA also envisions: Access Rights for Affiliates Access Rights for Contractors joining the Project Access Rights for Defaulting Contractors being excluded from the Project Access Rights for Contractors withdrawing from the Project