## II.13 INTELLECTUAL PROPERTY RIGHTS 

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

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 FWC 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 Implementation of the FWC . The contracting authority may exploit and use the acquired rights as stipulated in this FWC. The Contracting Authority acquires all the rights 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 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 Contracting Authority 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 Contracting Authority, which may use the Pre-existing materials  for all the modes of exploitation set out in this FWC or in specific contracts. 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). 

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 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 by the contracting authority, 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. 

