Can a contractor of an FP6-funded project grant a license to its results to an affiliated company established in a third country?
According to the FP6 Rules for participation, contractors are entitled to grant licenses to third parties, in particular to their affiliates, as a means of marketing a product. Such licensing is subject to two preconditions, the maintenance of the (potential) access rights of the other contractors and notification of the Commission if the affiliate was not established in a Member State or an Associated State if doubts exist as to whether the license might be inconsistent with the interests of developing the competitiveness of the dynamic knowledge-based European economy or with ethical principles. It is advisable to provide for the maintenance of the other contractors’ access rights in the licensing agreement concluded between the contractor and its affiliate. As for the notification requirement, it should be taken into account that the Commission must be notified 30 days prior to the intended licensing, and that the Commission might object to such licensing if it considers it inconsis
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