8 However, in the case of a failing party, the access rights granted to it expire and its right to apply for access rights immediately ends the decision of to terminate the defaulting party`s participation in the consortium. For reasons of clarity, the failing party, in accordance with this consortium agreement, designates a party that responsible for irregularities caused by non-compliance with the provisions of this consortium agreement. 5.4 Protection of project results Indicate how the project results are protected (type of protection provided, scope of geographical protection provided). If so, identify the person responsible for monitoring protective measures (for example. B IP manager). Note: Valuable results (industrial or commercial) must be protected. Protection is not mandatory in all cases, although the decision to leave the result unprotected is preferably made in consultation with other project partners who may wish to take over the property. the possibility of putting in place notification procedures to enable partners to be informed of the protection measures adopted and to express their concerns about the protection of their own interests. 5.5 Transfer and license of project results Define the conditions under which ownership of project results can be transferred. Note: Keep in mind that transfers are possible under the RfP, as long as certain obligations are met. One of them is the obligation to inform the project partners before the transfer; these partners then have a right of opposition.
However, this notification/complaint procedure can be avoided by identifying specific third parties in the consortium agreement for which transfers are agreed in advance. In the consortium agreement: describe the filing and objection procedures, identify third parties for whom transfers are automatically eligible, i.e. for which the notification or objection procedure does not apply. Example of this deferral clause: each party may transfer ownership of its own results to a legal entity under the following conditions: if a party transfers ownership of the results, it transmits to the assignee its obligations relating to those results, including the obligation to pass them on to a subsequent assignee. Subject to its confidentiality obligations, such as in the context of a merger or acquisition of a large part of its assets, where a party wishes to transmit results still subject to access rights of other contracting parties, it informs the other parties at least days prior to the proposed transfer, as well as sufficient information about the new owner of the proposed results, so that the other parties can exercise their rights of access. PAGE 8 / 12 9 In accordance with the notification in the previous paragraph, any other party may, within days following the notification or within a writtenly agreed-upon time period between all parties, object to any proposed transfer of ownership on the grounds that it would infringe its access rights. If one of the other parties demonstrates that its access rights are affected, the proposed transfer will only take place after agreement between the parties concerned.