Can non-European affiliated entities enjoy access rights?

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.

Can an exclusive licence to foreground be given to a third party within an FP7 project?

The owner of a foreground may grant exclusive licence to a third party, provided that the other participants agree by written means to waive their access rights thereto.

Such a waiver can only be made on a case-by-case basis, and after the concerned foreground has been generated. Participants should be able to assess carefully which specific access rights they are able or willing to renounce. They should also avoid waiving broader access rights than those exactly required to allow granting such an exclusive licence.

For how long are participants under the obligation to grant access rights?

Access rights to another participant’s foreground or background are only to be granted if they are needed in order to carry out the project (for its implementation) or to use one's own foreground.

Access rights needed in order to implement the project shall be granted at least until the end of the project, even by the participants that leave the project before its completion.