Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background.
Background included. In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background. Any Party may add further own Background to Attachment 1 during the Project by written notice to the other Parties. However, approval of the General Assembly is needed should a Party wish to modify or withdraw its Background in Attachment 1.
Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background. 9.1.2 Any Party can propose to the General Assembly to modify its Background in Attachment 1. !! Beware – Attachment 1 is a vital document – check what your project partners are listing and (more importantly) not listing!! Earlier framework programmes required the parties to define Background and to make any exclusions "specific". This was translated into the Consortium Agreements by having Background exclusion lists, mostly in addition to the list of Background Included. The MGA for H2020 now obliges the parties to “identify and agree” upon the Background for the Project. Therefore, DESCA2020 proposes to work with actively listed Background. It is the responsibility of the parties to make this ‘agreement on Background’. It seems reasonable to expect that if parties know of a specific need for access rights to specific Background, they will be able to identify this up front (potentially with limitations). In any case, such a duty to inform is explicitly mentioned in Article 25.2 and 25.3 of the MGA) and this information needs to be shared before accession to the GA. The counterpart of working with a positive list is that the parties fully accept that anything not listed simply IS no Background, and that therefore, there is no reason to “exclude” it. That is the reason why there is no need any more to explicitly exclude background in Attachment 1 such as the background of research units not involved in the Project as was usual in FP7 Consortium Agreements.
Background included. 9.1.1 In Annex 2, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Annex 2 shall not be the object of Access Right obligations regarding Background.
Background included. “Positive List”
Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background. Be aware – Attachment 1 is a vital document – check what your project partners are listing and (more importantly) not listing! Attachment 1 constitutes the agreement on Background that is mentioned in MGA Article 16.1 and its Annex 5, Section “Agreement on Background”. It seems reasonable to expect that if Parties know of a specific need for Access Rights to specific Background, they will be able to identify this up front (including limitations, if any). In any case, such a duty to inform is explicitly mentioned in MGA Annex 5, Section “Access rights to results and background” and this information needs to be shared before accession to the MGA. In addition, if it becomes apparent during the Project that further Background is needed, the Parties have to make use of Section 9.1.2 and add such Background.
Background included. Each Party hereby grants the other Party a non-exclusive, royalty-free licence to the relevant part or parts of its Background, and to its Confidential Information, for the sole purpose of carrying out their duties for the successful completion of the Project in terms of the Original Agreement. For the avoidance of doubt, any Access Rights granted under this IP Agreement expressly exclude any rights to grant sub-licences, unless expressly stated otherwise in this IP Agreement or agreed in writing between the Parties concerned. Save in exceptional circumstances, the granting of Access Rights shall be free of any administrative transfer costs. Any and all Access Rights granted under this IP Agreement shall be granted on a non-exclusive, non-transferable and worldwide basis, if not otherwise agreed in writing by the Parties concerned. Access Rights for implementation of the Project Access Rights to Results and Background Needed by a Party for the implementation of its own tasks under the Project are hereby requested (in accordance with the requirements of the Original Agreement), and shall be deemed granted, as of the date of the Original Agreement entering into force, on a royalty-free basis to and by all Parties, and shall either terminate automatically upon completion of the Project or upon Termination, as applicable, subject to the provisions of Section 6.6.
Background included. In Attachment 2, the Parties have identified and agreed on the Background for the TRANSCAN-3 Action and have also, where relevant, informed each other that access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 2 shall not be the object of Access Right obligations regarding Background. Any Party may add further own Background to Attachment 2 during the Action by written notice to the other Parties. However, approval of the NSC is needed should a Party wish to modify or withdraw its Background in Attachment 2.
Background included. 9.1.1 According to the Grant Agreement (Article 24) Background is defined as “any data, know- how or information— whatever its form or nature (tangible or intangible), including any rights such as intellectual property rights — that is held by the beneficiaries before they acceded to this Agreement, and that is needed to implement the action or exploit the results”. No data, know- how or information shall be Needed by another Party for implementation of the Project (Article
Background included. In Attachment 2, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 2 shall not be the object of Access Right obligations regarding Background. Any Party may modify its Background to Attachement 2 during the Project subject to the approval of the Steering Committee. The Attachement 2 together with any amendments thereof shall automatically be incorporated into this Consortium Agreement. For avoidance of doubt, under non circumstances should the withdrawal of any Background impair the implementation of the Project.
