Are there any IPR related clauses that should be included in the Consortium Agreement?

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It is highly recommended (if not mandatory) that participants sign between them a Consortium Agreement aimed to establish in detail the rules on the internal management of their consortium.

According to the Rules for Participation, this agreement shall include inter alia additional rules on dissemination, use and access rights. In particular, and following the guidance of the European Commission in its publication “Checklist for a Consortium Agreement for FP7 projects”, the following IPR related clauses may be included in the Consortium Agreement:

(i) Ownership of foreground – to deal with the ownership of foreground developed in the project, including possible joint ownership;

(ii) Transfer of foreground – to deal with, for example, the procedure to give prior notice to other participants in the project;

(iii) Protection of foreground – to deal with, for example, possible patent application;

(iv) Use of foreground – to deal with the obligation to use the foreground commercially or in further research;

(v) Dissemination of foreground – to deal with the obligation to disseminate foreground as swiftly as possible;

(vi) Access rights – to deal with, for example, conditions and time limits.