“Access Rights” means the rights to use.
“Direct Exploitation” means to develop for commercialisation or to commercialise foreground itself.
“Research Use” means the use of foreground or background necessary to use foreground for all purposes other than for completing the project or for direct exploitation;
Annex II – Part C: Intellectual Property Rights, Use, and Dissemination; Section 2: Access Rights
29. Access Rights to the Participants for completing the Project.
- Foreground: During the Project, Participants shall enjoy Access Rights to the Foreground of the other Participants solely for the purpose and to the extent necessary for undertaking and completing the Project. Such Access Rights shall be granted on a royalty-free basis.
30. Access Rights to the Participants and Affiliated Entities for Research Use.
- Foreground: During and after completion of the Project, Participants and their Affiliated Entities shall enjoy Access Rights to the Foreground of the other Participants for Research Use. Such Access Rights shall be granted on a non-exclusive basis under Fair and Reasonable Terms or royalty-free, as determined in the Project Agreement.
31. Access Rights to Third Parties for Research Use.
- Foreground: After the completion of the project, Third Parties shall have the right to request and receive under licence Access Rights to the Foreground of the Participants for Research Use. Such Access Rights shall be granted on a non-exclusive basis under Fair and Reasonable terms, as determined in the Project Agreement.
32. Access Rights for Direct Exploitation.
- Participants may use, exploit, sublicense or otherwise commercialise their Foreground, Background and Sideground as they see fit beyond the Research Use rights.
- Where Direct Exploitation by a Participant or Third Party requires Foreground or Background necessary to use Foreground owned by another Participant, the Access Rights will be negotiated between the parties involved as they see fit. Participants may agree on such Access Rights in the Project Agreement.