Do I have to inform the other participants concerning my intention to protect or not the foreground that I own?

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The standard model Grant Agreement (GA) does not establish the obligation to formally inform or consult the other participants before taking measures to protect the foreground (for example by filing a patent application) or before deciding not to protect it. Nevertheless, it is advisable to inform them in advance, so they be in a position to express possible legitimate interests. Furthermore, Article III.28.3 states explicitly that, where a participant does not intend to protect its foreground, it may first offer to transfer it to another participant or even to certain third parties, which may consider it worthwhile protecting such piece of foreground.

The commitment to provide such information and the terms under which it should be done by participants may be included in detail in the Consortium Agreement or other further agreement.