Master Alliance Provisions Guide (MAPGuide)

IMI 2 Model Grant Agreement

  • Intellectual Property | Exploitation of results

31. Access Rights to Results

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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.

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 Background 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.

31.5 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 (see Article 38.2 [Communication Activities]).

31.6 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. […]