Master Alliance Provisions Guide (MAPGuide)

IMI 2 Model Grant Agreement

  • IP ownership & licensing | Use of background IP

§25.3: Access Rights for Exploiting Results

During and after completion of the action, beneficiaries and their affiliated entities enjoy (unless prevented or restricted from doing so by obligations to others which exist at the date of accession to this Agreement) access rights to the background of the other beneficiaries, only to the extent reasonably required for the purpose of the research use of results.

Such access rights for research use must be granted on a non-exclusive basis under fair and reasonable conditions (i.e. appropriate conditions, including financial terms or royalty-free, taking into account the actual or potential value of the background to which access is requested and other characteristics of the research use envisaged).

Beneficiaries are not required to grant access rights for direct exploitation[2] to their own background and may use, exploit, sublicense or otherwise commercialize their background as they see fit, subject to access rights for research use.[3]

Where direct exploitation by a beneficiary or third party, requires background necessary to use results owned by another beneficiary, the access rights may be negotiated between the parties involved.

[1] It should be noted that IMI agreements distinguish between research use and direct exploitation, for example, biomarker for clinical trials and biomarker for diagnostic kit.

[2]Direct exploitation” means developing results for commercialization, including through clinical trials, or commercializing results themselves.

[3]Research use” means the use of results or background needed to use results, for all purposes other than for completing the action or for direct exploitation, and which includes but is not limited to the application of results as a tool for research, including clinical research and trials, and which directly or indirectly contributes to the objectives set out in the Societal Challenge health, demographic change and well-being referred to in Regulation (EU) No 1291/2013.