Call for tenders' details
Status
Submission date
19/07/2019
Answer date
24/07/2019
Language
Status
Answered
Question details
Subject
IP rights and dissemination
Question
a. All IP rights in "results" are transferred to EMSA pursuant to Article II.13.1. However, the definition of "Results" in Article ii.1 includes all pre-existing materials. The effect of the provisions is that EMSA will receive all IP rights in both the "results" and the "pre-existing materials". Is this what EMSA intends? b. Is the provision to EMSA of a commercially available data service (i.e one not containing any new materials specifically created for EMSA) "results", "pre-existing materials" or "pre-existing rights" under the FWC? c. What "pre-existing materials" may EMSA wish to distribute to the public pursuant to Article II.13.2? In what circumstances may EMSA wish to distribute "pre-existing materials" to the public?
Answer
24/07/2019
Question A: As stipulated in Articles I.10.2 and II.13.2 of the draft framework contract, EMSA does not acquire ownership of pre-existing rights under the framework contract, but all pre-existing rights in the results, if any, will have to be licensed to EMSA by the contractor in accordance with the conditions laid down under Article II.13.2. Question B: The provision to EMSA of a commercially available data service would be the intended outcome of the implementation of the contract and therefore a "result" in the sense of Article I.10 of the draft framework contract. This result will most probably include "pre-existing material" as defined under Article II.1 of the draft framework contract, on which most probably "pre-existing rights" as defined under Article II.1 of the draft framework contract will exist. Question C: EMSA does not intend to distribute pre-existing material to the public. However, EMSA may distribute results of the contract to the public, for example in the form of reports, analyses, statistics etc.