Article 5 Access to the final resultsI1
United Kingdom
The R&D agreement must provide—
for all the parties to the agreement to have access to the final results of the joint research and development or paid-for research and development to which the agreement relates for the purposes of—
further research and development, and
exploitation of the results, and
for the access referred to in sub-paragraph (a) to be granted as soon as reasonably practicable after the final results of the research and development become available.
For the purposes of paragraph (1), access to the final results of the research and development must—
include access to any intellectual property rights and know-how resulting from the research and development to which the R&D agreement relates, and
not be subject to limitations other than as referred to in paragraph (3).
An R&D agreement does not breach the condition in this article by—
requiring a party to the agreement to compensate another party to the agreement for obtaining access to the results for the purposes of further research and development or for the purposes of exploitation of the results, provided the compensation required is not so high as to effectively prevent such access;
including provision under which one or more research institutes, academic bodies or undertakings that supply research and development as a commercial service without normally being active in the exploitation of results of research and development, agree to confine their use of the results for the purposes of further research;
in cases where the parties to the agreement limit their rights of exploitation of the results in accordance with this Order and, in particular, where the agreement provides for specialisation relating to exploitation, limiting access to the results for the purposes of that exploitation accordingly.
In paragraph (3)(b), “the exploitation of results of research and development” means the production or distribution of products or the application of technologies arising out of research and development or the assignment or licensing of intellectual property rights or the communication of know-how required for such production or application.
Annotations
Commencement
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Art. 5 in force at 1.1.2023, see art. 1(b)