We are currently negotiating a Horizon 2020 proposal with an entity which, although it is eligible to participate in the project, is not eligible for EU funding. Will this entity have the same rights and obligations as we do as regards IP?

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Several obligations of the model general grant agreement will not apply to beneficiaries which do not receive EU funding. Regarding intellectual property, this concerns in particular articles 26.4, 28.1, 28.2, 30.3 and 31.5, which will not apply to these beneficiaries.

These articles are specific ones which are mostly linked to the EU’s rights over the results – however, the general principles in terms of intellectual property will remain applicable to beneficiaries which do not receive EU funding.

Consequently, the following basic IP rules (as included in the model grant agreement) will apply without any distinction to all project partners, regardless of their benefiting from EU funding or not.

  • Article 25, which foresees access rights to background for implementation and/or exploitation purposes;
  • Article 26.1, according to which the results will be the property of the beneficiary which generates them;
  • Article 26.2, which foresees a default regime applicable to situations of joint ownership;
  • Article 29, which foresees the dissemination of results and open access to scientific publications and research data; 
  • Article 31, according to which beneficiaries have to grant access rights to their results to other beneficiaries when they need such access rights to implement the project and/or to exploit their own results.