Proposed rules for the dissemination of research results from RTD and demonstration programmes

The Commission has proposed rules for the dissemination of the research results from the specific programmes of research, technological development and demonstration of the European Community. The proposal for a Council Decision (COM(94) 12 of 18.2.1994) sets out the followin...

The Commission has proposed rules for the dissemination of the research results from the specific programmes of research, technological development and demonstration of the European Community.

The proposal for a Council Decision (COM(94) 12 of 18.2.1994) sets out the following rules, while respecting pre-existing rights, for the dissemination and exploitation of knowledge resulting from the specific programmes under the Fourth Framework Programme (1994-1998):

a) Knowledge resulting from work undertaken directly or the cost of which is wholly supported by the Community shall, in principle, be the property of the Community.

The knowledge resulting from work under a shared-cost contract shall be the property of the contractors who carry out the work. They shall agree between themselves on particular arrangements for such ownership.

b) Knowledge which could be used in an industrial or commercial application shall be protected, if its nature justifies such a measure, in any appropriate form to the extent required in the light of the interests of the Community and the contractors and in accordance with any applicable legislation or convention.

c) The Community and the contractors shall be required to exploit the knowledge in their possession, or have it exploited, in conformity with Community interests, in particular taking account of:

- The objectives of strengthening the international competitiveness of Community industry and the economic and social cohesion in the Community;
- The promotion of research activities deemed necessary for other Community policies;
- The existence of scientific and technical cooperation agreements between the Community and non-Community states or international organizations.

d) Knowledge belonging to the Community should be made available to the contractors and to interested third parties established in the Community, or non-EU countries associated with the implementation of the relevant programme through an agreement concluded with the Community, and which undertake to exploit it in conformity with Community interests. Such provisions and knowledge may be subject to appropriate conditions, particularly concerning the payment of fees.

The contractors shall make the knowledge in their possession, and any information necessary for its use, available to each other and to interested third parties under contractually defined conditions, provided that the interests of the Community and the legitimate interests of the contractors are safeguarded.

e) The Commission shall ensure that knowledge suitable for dissemination according to the contractual terms is disseminated or published either by the Commission itself, or by the contractors, without any restriction other than those imposed by the need to safeguard intellectual and industrial property, confidentiality or legitimate commercial interests.

These rules may be set out in more detail within the specific RTD programmes only to the extent that this is essential for fulfilling objectives or measures specific to the programme and in accordance with conditions included in the text of the Decision adopting the programme.