## II.12. ASSIGNMENT 

II.12.1 The contractor must not assign any of the rights and obligations arising from the FWC, including claims for payments or factoring, without prior written authorisation from the contracting authority. In such cases, the contractor must provide the contracting authority with the identity of the intended assignee. 

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

## II.13. INTELLECTUAL PROPERTY RIGHTS 

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

The Union acquires irrevocably worldwide ownership of the results and of all intellectual property rights under the FWC. 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 to all technological solutions and information created or produced by the contractor or by its subcontractor in implementation of the FWC . The contracting authority may exploit and use the acquired rights as stipulated in this FWC. The Union acquires all the rights from the moment the contracting authority approves the results delivered by the contractor. Such delivery and approval are deemed to constitute an effective assignment of rights from the contractor to the Union. 

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

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

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

The contractor licenses the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the Union, which may use the pre-existing materials  for all the modes of exploitation set out in this FWC or in specific contracts. All pre-existing rights  are licensed to the Union from the moment the results are delivered and approved by the contracting authority. 

The licensing of pre-existing rights to the Union under this FWC covers all territories worldwide and is valid for the duration of intellectual property rights protection. 

The payment of the price as set out in the specific contracts 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 . 

Where implementation of the FWC 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 FWC. 

