II.12.2  Any right or obligation assigned by the contractor without authorisation is not enforceable against the contracting authority. 

## II.13.1. Ownership of the rights in the results 

## II.13. INTELLECTUAL PROPERTY RIGHTS 

The contracting authority acquires irrevocably worldwide ownership of the results and of all intellectual property rights on the newly created materials produced specifically for the contracting authority under the contract and incorporated in the results , without prejudice however to the rules applying to pre-existing rights on pre-existing materials , as per Article II.13.2. 

The intellectual property rights so acquired include any rights, such as copyright and other intellectual or industrial property rights, to any of the results  and in all technological solutions and information created or produced by the contractor or by its subcontractor in in performance of the contract . The contracting authority may exploit and use the acquired rights as stipulated in this contract. The contracting authority acquires all the rights as from the moment the contractor has created the results . 

The payment of the price includes any fees payable to the contractor about the acquisition of ownership of rights by the contracting authority including for all modes of exploitation and of use of the results . 

Unless provided otherwise in the special conditions, the contracting authority does not acquire ownership of pre-existing rights  under this contract. 

The contractor licenses the  on a royalty-free, non-exclusive and irrevocable basis to the contracting authority, which may use the pre-existing materials  for all the modes of exploitation set out in this contract. Unless otherwise agreed, the licence is non-transferable and cannot be sub-licensed, except as provided hereafter: 

(a) the pre-existing rights can be sub-licensed by the contracting authority to persons and entities working for it or cooperating with it, including contractors and subcontractors, whether legal or natural persons, but only for the purpose of their mission for the contracting authority; 

(b) if the result  is a "document" such as a report or a study, and it is meant to be published, 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). 

## II.13.2. Licensing rights on pre-existing materials 

All pre-existing rights  are licensed to the contracting authority from the moment the results  are delivered and approved by the contracting authority. 

The licensing of pre-existing rights  to the contracting authority 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 contracting authority, including for all forms of exploitation and of use of the results . 

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. Such use by the contractor will not entail any transfer of rights to the contractor and is limited to the needs of this contract. 

The contracting authority acquires the following exclusive rights: 

## II.13.3. Exclusive rights 

