Presentacin de PowerPoint

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Intellectual Property Rights
Review meeting Delft, 11-13 April 2005
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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

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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.

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IPR (II)

• Intellectual Property
• Project software release under BSD-style license.
  PCDEB 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 (PCDEB)
• Reviewing and authorizing publications and
  communications in connection with Knowledge
  issuing from the Project
• Reviewing and taking measures in connection with
  the PCDEB 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

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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

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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.
• PCDEB 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, PCDEB shall make the decision

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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