What are the IP-rules applicable to a project funded under a COSME grant?

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As the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) programme is not research-oriented, the IP-related provisions established in the COSME Model Grant Agreement are scarce and not detailed.

The general rule established in the COSME Model Grant Agreement in terms of ownership is that the results of the action are owned by the beneficiaries of the grant. Note, however, that specific calls can impose different ownership rules, for example that the ownership of the results of the action will be vested in the European Commission (EC) instead of the beneficiaries. For this reason, it is advisable to check all call documents carefully in order to see whether any specific ownership rules apply.

Furthermore the Intellectual Property Provisions set forth in Articles 19.1 and 19.2 of the Model Grant Agreement provide that the beneficiaries must give each other, and their affiliated entities, access rights to the pre-existing IP rights necessary for the implementation of the action and to the compliance with their obligations under the Grant Agreement.