Master Alliance Provisions Guide (MAPGuide)

IMI 2 Model Grant Agreement

  • IP ownership & licensing | Access to results

Access right” means rights to use results or background under the terms and conditions laid down in this Agreement. Unless agreed otherwise, access rights do not include the right to sub-license. However, any legal entity that enjoys access rights in order to complete the action or for research use may authorize another legal entity to exercise those rights on its behalf, provided that the following conditions are fulfilled: (a) the legal entity that enjoys access rights is liable for the acts of the other legal entity as if those acts had been performed by this former legal entity; (b) access rights granted to the other legal entity do not include the right to sub-license.

To exercise access right, this must first be requested in writing.

IMI 2 Model Grant Agreement §31.2: Access Rights for Implementing Their Own Tasks under this Action

During the action, beneficiaries enjoy access rights to the results of the other beneficiaries solely for the purpose and to the extent necessary for undertaking and completing the action.  Such access must be granted on a royalty-free basis.

IMI 2 Model Grant Agreement §31.3: Access Rights for Exploiting Results

During and after completion of the action, beneficiaries and their affiliated entities enjoy access rights to the results of the other beneficiaries for research use (see Article 25.3, Access Rights to Backgrounds for Exploiting Results).

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 results to which access is requested and other characteristics of the research use envisaged).

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

IMI 2 Model Grant Agreement §31.4: Access Rights for JU, EU institutions, bodies, offices or agencies and EU member states

The beneficiaries must give access to their results – on a royalty-free basis – to the JU, EU institutions, bodies, offices or agencies, for developing, implementing or monitoring EU policies or programs.

Such access rights are limited to non-commercial and non-competitive use.

This does not change the right to use any material, document or information received from the beneficiaries for communication and publicizing activities.

 

IMI 2 Model Grant Agreement §31.5: Access Rights for Third Parties

After the completion of the action, third parties shall have the right to request and receive access rights to the results of the beneficiaries for research use.

Such access rights must be granted on a non-exclusive basis under conditions considered appropriate by the owner of the results and the third party concerned. Those conditions may not be more favorable than the conditions applied to beneficiaries and affiliated entities for research use.

IMI 2 Joint Undertaking Model Consortium Agreement:

§ 8.3. Access Rights to Results

Access Rights for Implementation: During the Action, the Beneficiaries enjoy Access Rights to the Results of the other Beneficiaries, solely for the purpose and to the extent necessary for undertaking and completing the Action. (§ 8.3.1.1) Such Access Rights are granted under Royalty-Free Condition. (§ 8.3.1.2)

Access Rights for Research Use: During and after completion of the Action, Beneficiaries and their Affiliated Entities enjoy Access Rights to the Results for Research Use. [The parties can indicate the choice of Royalty-Free condition or Fair and Reasonable Conditions other than Royalty Free condition.] (§ 8.3.2)

Access Rights for Direct Exploitation: Beneficiaries are not required to grant Access Rights for Direct Exploitation to their Results. (§ 8.3.4.1) Where Direct Exploitation of Results owned by a Beneficiary requires Results owned by another Beneficiary, the Access Rights to the Results owned by the other Beneficiary may be negotiated between the Beneficiary owning such Results and the Beneficiary wishing to perform Direct Exploitation. (§ 8.3.4.2)