## II.13. INTELLECTUAL PROPERTY RIGHTS 

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

The Agency 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 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 Agency 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 Agency. 

The payment of the price includes any fees payable to the contractor about the acquisition of ownership of rights by the Agency 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 Agency 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 Agency, 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 Agency from the moment the results  are delivered and approved by the contracting authority. 

The licensing of pre-existing rights to the Agency 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 Agency, 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. 

## II.13.3. Exclusive rights 

The Agency acquires the following exclusive rights: 

(a) reproduction: the right to authorise or prohibit direct or indirect, temporary or permanent reproduction of the results  by any means (mechanical, digital or other) and in any form, in whole or in part; 

(b) communication to the public: the exclusive right to authorise or prohibit any display, performance or communication to the public, by wire or wireless means, including the making available to the public of the results  in such a way that members of the public may access them from a place and at a time individually chosen by them; this right also includes the communication and broadcasting by cable or by satellite; 

(c) distribution: the exclusive right to authorise or prohibit any form of distribution of results  or copies of the results  to the public, by sale or otherwise; 

