Master Alliance Provisions Guide (MAPGuide)

IMI 2 Joint Undertaking Model Consortium Agreement

  • IP ownership & licensing | Ownership of results

7. Intellectual Property – General Provisions on Results

7.1 Ownership of Results

7.1.1 Results are owned by the Beneficiary who generates them.

Option 1: Beneficiaries may agree here that ownership of certain Results, once said Results have been generated, shall be transferred from the initial owner to another Beneficiary.

Option 2: Beneficiaries may agree here that where Results have been generated by one Beneficiary as a result of a cash contribution from another Beneficiary, these Results would be transferred to that second Beneficiary.

7.2 Joint Ownership

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7.2.2 Co-Owners shall conclude in writing a joint ownership agreement defining their respective rights and obligations with respect to the Results.

7.2.3 Unless otherwise agreed in the joint ownership agreement pursuant to Clause 7.2.2, in the case of joint ownership of Results, each Co-Owner is granted a non-exclusive, world-wide, fully paid up, royalty-free, perpetual, irrevocable licence to use the jointly owned Results for Research Use, including the right to grant non-exclusive sub-licences to its Affiliated Entities and to Third Parties without the need to inform the other Co-Owners. Each Co-Owner and its Affiliated Entities shall have a license to use for Direct Exploitation the jointly owned Results, including the right to grant non-exclusive licences subject to the following conditions [Different terms can be determined here]:

[(a)prior notice of at least forty-five (45) Days must be given to any other Co-Owner(s); and,

(b) fair and reasonable compensation must be provided to the other Co-Owners, to be decided on a case-by-case basis.]

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8. Intellectual Property – Access Rights

8.1 General Provisions on Access Rights

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8.1.9 Unless otherwise specified herein, each Beneficiary remains the exclusive owner of its Sideground. Beneficiaries are not required to grant any Access Rights to Sideground.