Call for tenders' details

Title:
Contract for SAT-AIS Data Service
Contracting authority:
European Maritime Safety Agency
TED publication date:
18/06/2019
Time limit for receipt of tenders:
04/08/2019
Status:
Closed
Status
19/07/2019
24/07/2019
English (en)
Question details
IP rights and dissemination
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?
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.