Call for tenders' details
Status
Submission date
10/12/2014
Answer date
12/12/2014
Language
Status
Answered
Question details
Subject
Draft Contract, Art. I.8.2 Pre-existing rights and transmission of rights
Question
Art. I.8.2 of the draft contract states there that all pre-existing rights on one hand shall be licensed to the Union (in accordance with Art. II.10.3) but on the other hand all pre-existing rights shall be fully acquired by the Union as provided for in Art. II.10.2 and by derogation to Art. II.10.3. We think that these two options in Art. I.8.2 contradict each other. Furthermore Art. II.10.2 only talks of results but not of pre-existing rights so the reference is not fully correct in the second option of I.8.2. Therefore please clarify Art. I.8.2.
Answer
12/12/2014
As the results shall be acquired by the Agency, it is necessary that this acquisition is not impeded by the existence of (pre-existing) third party rights. For this reason, we require that the pre-existing rights be free from any such impediment. If it is not possible to achieve this by acquisition, licensing may be considered. However, it must be achieved by one of these means.