Can non-European affiliated entities enjoy access rights?

Printer-friendly versionPDF version
Category: 

The standard model Grant Agreement (GA) establishes provisions relating to access rights to foreground which are “minimal" provisions. The “minimal” access rights mandatory under the GA concern, on the one hand, access rights to beneficiaries and, on the other hand, access rights to affiliated entities established in a Member State or Associated country. These affiliated entities enjoy access rights to foreground under the same conditions as the beneficiary to which it is affiliated, unless otherwise provided for in the GA or Consortium agreement.

Under the mandatory regime of the GA, Non-European affiliate would not be entitled to have access rights to foreground as the provisions of the Article 50.3 of Rules for Participation and Article II.34.3 of GA refer explicit only to affiliated entities established in a Member State or an Associated country.

Nevertheless, the general principle according to which the participants may agree on more favorable or broader access rights also applies here. It is always possible to set provisions extending access rights to affiliates from outside of a Member State or Associated country in further agreements, subject to consensus of relevant project participants.

In this instance it is important to emphasize that the European Commission retains the right to object to the grant of an exclusive license to a third party established in a third country which is not associated to FP7 if it considers that this is not in accordance with the interests of developing the competitiveness of the European economy or is inconsistent with ethical principles or security considerations (Article 43 of Rules for Participation and Article II.32.8 of GA)