Call for tenders' details
Status
Submission date
21/04/2015
Answer date
24/04/2015
Language
Status
Answered
Question details
Subject
Intellectual property
Question
Clause II.17.3 of the Framework Contract, second sentence, requires the contractor to grant to the customer a license under any patents that contractor has, and this is not limited to the materials that we deliver to the customer. Contractor is happy to grant a patent license to the customer that covers the actual materials that contractor will deliver to the customer so that the customer can use those delivered materials to enjoy the benefit of the services that the customer paid for. However, contractor is can hardly grant a patent license that is broader than this, as this is not necessary for the customer to use the delivered materials, and this patent license of a broader scope is very valuable and would need to be dealt with in a separate agreement with its own payment terms, if the customer wanted a license that is broader than what the customer needs to use the delivered materials. Acting otherwise would basically come down to granting a license to use all contractor’s patent without a charge. Could you please confirm that our understanding with regard to the patent license is correct? Thank you.
Answer
24/04/2015
See answers 95 and 301.