Presentations & Documents:
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Definitions
- Results: All outputs of the project (e.g. data, know-how, intellectual property), regardless of their form or whether they can be protected.
- Background: Knowledge, data or rights that exist BEFORE the project starts and are needed to implement the project or exploit its results.
- Access rights: Rights to use background or results owned by other project partners.
Access rights
Project partners must grant each other the necessary access rights:
Access to background and results: for project implementation free of charge (unless agreed otherwise BEFORE the project starts); for exploitation of results under fair and reasonable conditions.
Important:
- Background and related access rights must be identified and agreed in writing (!) (typically in the Consortium Agreement).
- Access rights may (unless agreed otherwise) generally be requested up to 1 year AFTER the project end.
- Affiliated entities may also receive access rights if needed for use/exploitation of results.
More information: Annotated Model Grant Agreement (AGA), Article 16.1 and 16.4 as well as Annex 5
Ownership of results
General rule: Results belong to the project partner that generates them.
If results are jointly developed by more than one project partner AND individual contributions cannot be clearly separated, they are jointly owned (i.e. joint ownership). The conditions (e.g. use, licensing, allocation) must be defined in a Joint Ownership Agreement. Alternatively, another arrangement can be agreed (e.g. transfer of full ownership to one partner).
Without specific agreement, each joint owner may grant non-exclusive licences to third parties (provided that the other joint owners are informed BEFOREHAND (typically 45 days), AND receive a fair and reasonable compensation).
A Results Ownership List must be included in the final report to the European Commission.
More information: Annotated Model Grant Agreement (AGA), Article 16.2 as well as Annex 5
Protection of results
Project partners must protect their results if protection is possible and justified (e.g. patents). Relevant aspects that have to be considered are especially exploitation potential, interests of partners and security considerations.
Costs related to protection (e.g. patent applications) may be eligible under the conditions of the Grant Agreement (GA) (article 6.2.C.3).
More information: Annotated Model Grant Agreement (AGA), Annex 5
Exploitation of results
Project partners are required to take measures, directly or indirectly (e.g. through third parties), to exploit their results, e.g. further research use, commercialisation, licensing, or standardisation.
This obligation applies during the project, and up to 4 years AFTER project end.
If key results are not exploited within 1 year after project end, the use of the "Horizon Results Platform" is mandatory.
More information: Annotated Model Grant Agreement (AGA), Data Sheet Point 1 as well as Annex 5
Dissemination of results
Project partners must disseminate results as soon as possible (e.g. through publications), provided that:
- intellectual property protection is not compromised,
- security rules are respected, and
- legitimate interests are safeguarded.
Before dissemination (unless agreed otherwise):
- other partners must be informed in advance (typically 15 days),
- they may object if their legitimate interests would be significantly harmed.
Open Science principles (e.g. Open Access to publications) must be respected.
More information: Annotated Model Grant Agreement (AGA), Article 7 as well as Annex 5
Transfer of results
Ownership of results may be transferred, provided that the new owner(s) assume(s) the relevant obligations under the GA.
Before transfer (unless agreed otherwise):
- partners with access rights must be informed in advance (typically 45 days),
- they may object (typically within 30 days) if their access rights would be negatively affected.
More information: Annotated Model Grant Agreement (AGA), Annex 5