Provision Language
26. Ownership of Results
26.4 JU ownership, to protect results
26.4.1 The JU may — with the consent of the beneficiary concerned — assume ownership of results to protect them, if a beneficiary intends — up to four years after the period set out in Article 3 — to disseminate its results without protecting them, except in any of the following cases:
(a) the lack of protection is because protecting the results is not possible, reasonable or justified (given the circumstances);
(b) the lack of protection is because there is a lack of potential for commercial or industrial exploitation, or
(c) the beneficiary intends to transfer the results to another beneficiary or third party established in an EU Member State or associated country, which will protect them.
Before the results are disseminated and unless any of the cases above under Points (a), (b) or (c) applies, the beneficiary must formally notify the JU and at the same time inform it of any reasons for refusing consent. The beneficiary may refuse consent only if it can show that its legitimate interests would suffer significant harm.
If the JU decides to assume ownership, it will formally notify the beneficiary concerned within 45 days of receiving notification.
No dissemination relating to these results may take place before the end of this period or, if the JU takes a positive decision, until it has taken the necessary steps to protect the results.
26.4.2 The JU may — with the consent of the beneficiary concerned — assume ownership of results to protect them, if a beneficiary intends — up to four years after the period set out in Article 3 — to stop protecting them or not to seek an extension of protection, except in any of the following cases:
(a) the protection is stopped because of a lack of potential for commercial or industrial exploitation;
(b) an extension would not be justified given the circumstances.
A beneficiary that intends to stop protecting results or not seek an extension must — unless any of the cases above under Points (a) or (b) applies — formally notify the JU at least 60 days before the protection lapses or its extension is no longer possible and at the same time inform it of any reasons for refusing consent. The beneficiary may refuse consent only if it can show that its legitimate interests would suffer significant harm.
If the JU decides to assume ownership, it will formally notify the beneficiary concerned within 45 days of receiving notification.
27. Protection of Results — Visibility of JU Funding and Support from JU Members
27.1 Obligation to Protect the Results. Each beneficiary must examine the possibility of protecting its results and must adequately protect them — for an appropriate period and with appropriate territorial coverage — if: (a) the results can reasonably be expected to be commercially or industrially exploited and (b) protecting them is possible, reasonable and justified (given the circumstances).
When deciding on protection, the beneficiary must consider its own legitimate interests and the legitimate interests (especially commercial) of the other beneficiaries.
27.2 JU ownership, to protect the results. If a beneficiary intends not to protect its results, to stop protecting them or not seek an extension of protection, the Joint Undertaking may — under certain conditions (see Article 26.4) — assume ownership to ensure their (continued) protection.