Informaciones de las convocatorias de concurso
Estado
Fecha de envío
20/09/2016
Fecha de respuesta
21/09/2016
Idioma
Estado
Respondida
Información relativa a la pregunta
Asunto
Annex 5: Draft Contract; Section I: Special Conditions Clause I.12.1
Pregunta
Clause 1.10.2 (Licence or transfer of pre-existing rights) The clause states: “All pre-existing rights incorporated in the results, if any, are licensed to the Union as set out in Article II.13.2. By derogation to Article II.13.2, the Union acquires fully and irrevocably all pre-existing rights incorporated in the results, if any.” We believe these to be alternative options and that it is not possible for both conditions to apply with respect to pre-existing rights. Please clarify and confirm which option will apply for this contract. Clause I.12.1 The complementary law for the contract is not stated. Please advise which law will apply in addition to European law.
Respuesta
21/09/2016
The two provisions in Article I.10.2 of the draft contract published are different options, only one of which is to be selected when the contract will be signed. The selected option will be "All pre-existing rights incorporated in the results, if any, are licensed to the Union as set out in Article II.13.2". A corrigendum will be uploaded soon to eTendering.