What are the positive and the negative list for the exclusion of pre-existing know-how?
The positive list is where contractors identify and agree upon the pre-existing know-how that they are going to bring into the project, i.e. the pre-existing know-how that will be subject to access rights; everything else is excluded. On the other hand, the negative list identifies the pre-existing know-how to be excluded from access rights; everything else is included. Although both practices are used by consortia and consortium agreement models, only the negative list complies with FP6 rules. Participants are required to use a common written agreement to exclude specific pre-existing know-how from access rights. The idea is that the pre-existing know-how to be excluded should be described in sufficient detail by the contractors to enable the other contractors to evaluate its relevance to the project and to decide whether to agree to the exclusion. The positive list does not specifically identify the pre-existing know-how to be excluded nor does it allow contractors to evaluate its im
