7 Amendments of Gaston FRANCO related to 2011/0399(COD)
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) 'results‘' means any data, knowledge, and information, artefacts and other tangible outputs, whatever their form or nature, whether or not they can be protected, which are generated in the action as well as any attached rights, including intellectual property rights; such as copyright; design rights; patent rights; plant variety rights or similar forms of protection; but excluding data, knowledge and information that are generated by a participant in connection with a specific action but do not come within the objectives of that specific action and are not needed in order to implement the specific project or exploit the results obtained.
Amendment 636 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Notwithstanding paragraphs 1, 2 and 3, participants may agree on different arrangements governing ownership of the results.
Amendment 682 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 4 a (new)
Article 41 – paragraph 1 – subparagraph 4 a (new)
A participant may – without having to seek the authorisation of the other participants but on condition that the other participants are informed in writing and that the assignee consents in writing to be bound by the obligations arising from the grant agreement and the consortium agreement – assign his new knowledge to: (a) his affiliated entities; (b) any party that acquires all or a substantial part of his assets; or (c) any entity which succeeds him as a result of a merger or consolidation of that party with such entities.
Amendment 696 #
Proposal for a regulation
Article 42
Article 42
Participants shall identify the necessary background for their action in any manner in a written agreement.
Amendment 697 #
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1. The principles governing rights of access as defined in this article shall constitute a minimum precondition, which may be expanded at the discretion of, and by means of an agreement between, all the participants in a specific action.
Amendment 698 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Any request to exercise access rights or any waiving of access rights shall be made in writing and obtained directly from the participant owning the results or the background, unless otherwise agreed among the participants. Waiving of access rights can only be done on a case by case basis, after the particular result or background has been generated, unless otherwise agreed among the participants.
Amendment 702 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Participants in the same action shall inform each other before their accession to the grant agreement of any legal restriction or limit to granting access to their background. Any agreement concluded thereafter by a participant regarding background shall ensure that any access rights may be exercised. The Commission or the funding body shall be informed of the restriction(s) before the grant agreement is concluded and shall consider the impact which the restriction(s) have or will have on the attainment of the aims of the specific project.