Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking

• 3.1.1.The ENIAC Joint Undertaking shall own any tangible and intangible assets created with its own resources or transferred to it for the implementation of the ENIAC Joint Undertaking, unless otherwise specified.

• 3.1.2.Notwithstanding the provisions above, the ENIAC Joint Undertaking shall not retain any information or IPR created in projects.

• 3.1.3.Each participant in a project remains the owner of its background. Participants may define the background needed for the purposes of the ENIAC Joint Undertaking project in a written project agreement and, where appropriate, may exclude specific background.

• 3.1.4.Foreground arising from work carried out under projects shall be the property of the participant(s) carrying out the work generating that foreground according to the arrangements described in the grant and project agreements and the principles laid down in this Article.

3.2.   Access rights

• 3.2.1.Project participants may decide to grant broader access rights than required by this Article. Project participants may define the background needed for the purposes of the project and, where appropriate, may agree to exclude specific background.

• 3.2.2.Access rights to background shall be granted to other participants in the same project if such background is needed by those other participants to carry out their own work in the project, provided that the owner is entitled to grant such rights. Access rights shall be granted on transfer conditions to be agreed by the project participants concerned, unless otherwise agreed by all participants in the project agreement.

• 3.2.3.Access rights to foreground shall be granted to other participants in the same project if such foreground is needed by those other participants to carry out their own work in the project. Such access rights shall be granted on a royalty-free non-exclusive and non-transferable basis.

• 3.2.4.Participants in the same project shall enjoy access rights to background if this is needed for the use of their own foreground of that project, provided that the owner of the background is entitled to grant them. Such access rights shall be granted on a non-exclusive, non-transferable basis on fair, reasonable and non-discriminatory conditions.

• 3.2.5.Participants in the same project shall enjoy access rights to foreground if this is needed for their own use. Such access rights shall be granted on a non-transferable non-exclusive basis either royalty-free or on fair, reasonable and non-discriminatory conditions.

• 3.2.6.Subject to the agreement of all the owners concerned, access rights to foreground for the purposes of pursuing further research activities shall be granted to a third party on fair and reasonable conditions to be agreed.

3.3.   Protection, use and dissemination

• 3.3.1.Where foreground is capable of being profitably exploited, its owner (i) shall provide for its appropriate and effective protection, having due regard to its own and other participants' legitimate interests in the project concerned, particularly commercial interests, and (ii) shall use it or ensure that it is used.

• 3.3.2.Each participant shall ensure that the foreground of which it has ownership is disseminated without undue delay.

• 3.3.3.All dissemination activities shall be compatible with the protection of IPR, confidentiality obligations, and the legitimate interest of the owners of the foreground.

• 3.3.4.Prior notice of any dissemination activity regarding foreground, background or confidential information owned by other participants in the same project or other data or information that is amalgamated with the other participants' foreground, background or confidential information, shall be given to the other participants. Within 45 days following such notification, any of those participants may object in writing if its legitimate interests in relation to its foreground or background may be harmed by such dissemination. In such cases, the dissemination activity shall not take place unless appropriate steps are taken to safeguard those legitimate interests.

• 3.3.5.All publications, patent applications filed by or on behalf of a participant, or any other dissemination relating to foreground shall include a statement that the foreground concerned was generated with financial support from the ENIAC Joint Undertaking. All dissemination activities shall be compatible with the protection of intellectual property rights, confidentiality obligations, and the legitimate interest of the owners of the foreground.

3.4.   Transfer

• 3.4.1.Where a participant transfers ownership of foreground, it shall pass on its obligations regarding such foreground to the transferee including the obligation to pass those obligations on to any subsequent transferee. These obligations shall include those relating to the granting of access rights, and dissemination and use.

• 3.4.2.Subject to its obligations concerning confidentiality, where a project participant is required to pass on its obligations to provide access rights, it shall give at least 45 days' prior notice to the other participants of the envisaged transfer, ([^E0015]), together with sufficient information concerning the envisaged new owner of the foreground to permit the other participants to exercise their access rights. Following notification, any other participant may object within 30 days or within a different time-limit agreed in writing, to any envisaged transfer of ownership on the grounds that it would adversely affect its access rights. Where any of the other participants demonstrate that their access rights would be adversely affected, the intended transfer shall not take place until agreement has been reached between participants concerned.

• 3.5.Project participants in the same project shall conclude among themselves a project agreement that shall lay down the intellectual property arrangements in compliance with this Article.

Article 24

Amendments to the statutes

Article 25

Winding up

[^E0001]: Opinion of 12 December 2007 (not yet published in the Official Journal).

[^E0002]: Opinion of 25 October 2007 (not yet published in the Official Journal).

[^E0003]: OJ L 412, 30.12.2006, p. 1.

[^E0004]: OJ L 400, 30.12.2006, p. 86, corrected by OJ L 54, 22.2.2007, p. 30.

[^E0005]: OJ L 56, 4.3.1968, p. 1. Regulation as amended by Regulation (EC, Euratom) No 337/2007 (OJ L 90, 30.3.2007, p. 1).

[^E0006]: OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

[^E0007]: OJ L 391, 30.12.2006, p. 1.

[^E0008]: OJ L 312, 23.12.1995, p. 1.

[^E0009]: OJ L 292, 15.11.1996, p. 2.

[^E0010]: OJ L 136, 31.5.1999, p. 1.

[^E0011]: OJ L 357, 31.12.2002, p. 72.

[^E0012]: OJ L 136, 31.5.1999, p. 20.

[^E0013]: OJ L 136, 31.5.1999, p. 15.

[^E0014]: OJ L 145, 31.5.2001, p. 43.

[^E0015]: The participants may, by written agreement, agree on a different time limit or waive their right to prior notice in the case of transfers of ownership from one participant to a specifically identified third party.