The purpose of this call for tenders is to analyse Intellectual Property Rights (IPR) issues related to works/inventions generated by Artificial Intelligence (AI) systems in various fields, in particular in areas of pharmaceutical research, science and media (study reference: SMART 2018/0052)

The European Commission will soon launch a call for tenders for a service contract of a maximum value of EUR 60 000.

Ultimately, the analysis should assess whether the current IPR framework is fit-for-purpose for AI-generated works/inventions. Where appropriate, the contractor should make recommendations for possible adaptations in IPR legislation and/or practices (e.g. of patent offices).

This study should not cover the IPR protection of AI systems as such and the legal regime for machine generated data.

Interested economic operators can express their interest to participate in the call for tender until 22/03/2019 in writing to CNECT-SMART-2018-0052@ec.europa.eu.

The duration of the tasks will be 12 months.

Further information may be obtained in the Annex.

No evaluation is performed at this stage. All the economic operators who have expressed their interest to participate in this procurement procedure within the above-mentioned deadline will be subsequently invited to submit a tender. The contracting authority reserves the right to also invite economic operators not included in the list of interested economic operators who responded to this ex-ante advertisement.

An economic operator may consider submitting a tender as a single entity or in collaboration with other service providers: either by submitting a joint tender with (a) partner(s) (assuming joint and several liability towards the contracting authority for the performance of the contract) and/or through subcontracting. In case of a joint tender with (a) partner(s), all partners must be identified in the expression of interest and cannot be modified at a further stage of the procurement procedure.

Only the candidates invited by the contracting authority to participate in this procurement procedure will be admissible.

Processing your reply to the ex-ante advertisement will involve the recording and processing of personal data (such as your name and address). Such data will be processed pursuant to Regulation (EU) 2018/1725 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless indicated otherwise, any personal data requested are required to register your interest to participate in the call for tender and will be processed solely for that purpose by the Data Controller. You are entitled to obtain access to your personal data on request and to rectify any such data that is inaccurate or incomplete. If you have any queries concerning the processing of your personal data, you may address them to the Data Controller.

Details concerning the processing of your personal data are available in the privacy statement.

You have the right of recourse at any time to the European Data Protection Supervisor for matters relating to the processing of your personal data.

For the purpose of this ex-ante advertisement, the Data Controller shall be the Head of the Unit "Administration and Finance", Directorate "Resources and Support", Directorate-General for Communications Networks, Content and Technology. Any queries concerning the processing of personal data of the Candidate can be addressed to the data controller by using the e-mail address mentioned under Point "Purpose of this call for tenders" of the present ex-ante advertisement and by indicating the reference of the ex-ante advertisement.

This publication is made pursuant to Point 3.1 of Annex 1 to Financial Regulation 2018 that provides for an ex-ante publication on the Institutions' websites of contracts with a value up to 144.000 EUR.

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