[ParlTrack]

Proposal for a regulation
Article 38 – paragraph 3 a (new)

3 a. Notwithstanding the provisions of this Article, the participants may agree on a different allocation of ownership of the results.

2012/07/13
Committee: DEVE

Bill NEWTON DUNN

Proposal for a regulation
Article 41 – paragraph 3

3. With regard to results which are generated by participants that have received Union funding, the Commission or funding body may object to transfers of ownership or to grants of an exclusive licence, to third parties established in a third country not associated to Horizon 2020, if it considers that the grant or transfer is not in accordance with the interests of developing the competitiveness of the Union economy or is inconsistent with ethical principles or security considerations. In such cases, the transfer of ownership or grant of exclusive licence shall not take place unless the Commission or funding body is satisfied that appropriate safeguards will be put in place. Where appropriate, the grant agreement shall provide that the Commission or funding body is to be notified in advance of any such transfer of ownership or grant of an exclusive licence. The grant agreement shall lay down time-limits.deleted

2012/07/13
Committee: DEVE

Bill NEWTON DUNN

Proposal for a regulation
Article 42 – paragraph 1

Participants shall identify the background necessary for their action in any manner in a written agreement.

2012/07/13
Committee: DEVE

Bill NEWTON DUNN

Proposal for a regulation
Article 43 – paragraph 1

1. Any request to exercise access rights or any waiving of access rights shall be made in writing unless otherwise agreed by the participants.

2012/07/13
Committee: DEVE

Bill NEWTON DUNN

Proposal for a regulation
Article 45 – paragraph 3

3. An affiliated entity established in a Member State or, associated or third associated country shall, unless otherwise provided for in the consortium agreement, also have access rights to results or background under the same conditions if such access is needed to exploit the results generated by the participant to which it is affiliated.

2012/07/13
Committee: DEVE

Bill NEWTON DUNN

Proposal for a regulation
Article 45 – paragraph 4

4. A request for access under paragraphs 1, 2 and 3 may be made ~~up to one year after the end of the action. However, the participants may agree on a different time- limit~~at any time. However, the participants may agree to introduce a time-limit in exceptional cases in the context of a particular action. Any such time-limit shall take into consideration the nature of the results and the purpose of such access rights.

2012/07/13
Committee: DEVE

Bill NEWTON DUNN

Proposal for a regulation
Article 45 a (new)

Article 45 a Access Rights for Third Parties 1. After the completion of the action, third parties shall have the right to request and receive, under licence, access rights to the results of the participants in the action. Such access rights shall be granted on a non-exclusive basis under fair and reasonable terms, as determined in the consortium agreement. 2. After the completion of the action, third parties shall have the right to request and receive, under licence, access rights to the background of the participants, but only to the extent reasonably required for and only for the purpose of the dissemination and exploitation of the results. Such access rights shall be granted on a non-exclusive basis under fair and reasonable terms, as determined in the consortium agreement. 3. The terms for providing access rights under paragraphs 1 and 2 shall be included in the consortium agreement and referenced in the grant agreement. The proposed terms for third party research use of the results and of the background necessary for the research use of the results shall be reviewed as part of the evaluation of the proposal.

2012/07/13
Committee: DEVE

7 Amendments of Bill NEWTON DUNN related to 2011/0399(COD)

ParlTrack - 2011-2024