Call for tenders' details
Status
Submission date
03/09/2020
Answer date
04/09/2020
Language
Status
Answered
Question details
Subject
Changes in legal provisions
Question
The Bidder asks to change the clauses in Section II.13.2 of Service Contract to the following: (b) if the result is a "document" such as a report or a study, the existence of pre-existing materials in the result may not prevent the publication of the document, its translation or its "reuse", it being understood however that the "reuse" may only be made of the result as a whole and not of the pre-existing materials taken separately from the result; for the sake of this provision, "reuse" and "document" have the meaning given by the Commission Decision of 12 December 2011 on the reuse of Commission documents (2011/833/EU). All pre-existing rights are licensed to the Union from the moment the contractor has received remuneration under this contract and after the results are delivered and approved by the contracting authority. The licensing of pre-existing rights to the Union under this contract covers all territories worldwide and is valid for the duration of intellectual property rights protection. The payment of the price as set out in this contract is deemed to also include any fees payable to the contractor in relation to the licensing of pre-existing rights to the Union, including for all forms of exploitation and of use of the results specified in this contract. Where implementation of the contract requires that the contractor uses pre-existing materials belonging to the contracting authority, the contracting authority may request that the contractor signs an adequate licence agreement previously agreed by the parties. Such use by the contractor will not entail any transfer of rights to the contractor and is limited to the needs of this contract.
Answer
04/09/2020
Please see Q&A n. 17.