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Q: ERC - What are the intellectual property rights of third parties/subcontractors involved in ERC funded projects?
A: The rights and obligations are set out by Chapter III of theRules for participation relevant to the call and further specified in Annex II, Part C of the General Conditions for ERC Grant Agreements (Single-Beneficiary - Articles II.26 - II.32) and Multi-Beneficiary - Articles II.26 - II.34). The Guide to Intellectual Property Rules for FP7 projects provides further guidance on the interpretation of the specific provisions concerning IPR and third parties. Subcontracting is addressed by Article II.7.2 of the General Conditions for ERC Grant Agreements (Single-Beneficiary/Multi-Beneficiary) and further explained by the Guide to Financial Issues relating to FP7 Indirect Actions: ...'the beneficiary remains responsible for all its rights and obligations under the ECGA(EC Grant Agreement), including the tasks carried out by a subcontractor. The beneficiary must ensure that the intellectual property that may be generated by a subcontractor reverts to the beneficiary so that it can meet its obligations towards the other beneficiaries in the ECGA. Any bilateral agreement between subcontractor and beneficiary should include this, as well as the respect of the obligations mentioned in Articles II.10, II.11, II.12, II.13 and II.22 of the ECGA which concern, among others, obligations related to information and communication of data, and financial audits and controls.'
For further information please see : Guide to Intellectual Property Rules for FP7 projects
Category : ERC - Proposal ( Preparation and Submission )