DESCA 2020 Feedback

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Dear DESCA colleagues,

We very much appreciate all your comments & questions! We will check your feedback published here on a 3-months basis and reply to comments directly on this page.

Thank you for your support!

Best regards, DESCA Coordinators

Veto by a non-member

10th June 2020

Dear DESCA working group,

My question concerns section 6.4.2.3 of the DESCA template, second sentence:

‘ A Party that is not a Member of a particular Consortium Body may veto a decision within the same number of calendar days after the draft minutes of the meeting are sent. ‘

The problem with this provision in my view is that section 6.2.4.1 mentions on which grounds a ‘Member’ can veto decisions, however following section 6.2.4.3. a veto can also be exercised by a party that is not a Member. It is not clear if this is on the same grounds as a member, therefore either a reference to 6.2.4.1 needs to be included (for example ‘on the grounds as included in section 6.2.4.1.’) or the grounds need to be included in this section 6.2.4.3. as well, since otherwise it seems a non-member party could veto a decision on any grounds of its choice.

A more practical point is that the minutes of a meeting will only be sent to the Members of a consortium body, how will a party wanting to exercise a veto, that is not a Member of the consortium body, know that the minutes are sent and that their term for exercising a veto has commenced?

I’m wondering if there’s a reasoning behind this. Also I’m wondering if a process has already started to work on a template for a DESCA template for Horizon Europe, and whether current feedback on the DESCA template will be taken into account (or if there will be a possibility for feedback, which I would gladly provide).

Thank you.

Mr. Jan Maas, Legal Counsel, Radboud University Nijmegen, the Netherlands

Posted in Uncategorized | No Comments »

On interpretation of the wording “with the other Parties’ consent” in DESCA point 9.7.2.1.2

4th December 2019

Hi, I have a question on the interpretation of the wording “with the other Parties’ consent” in DESCA point 9.7.2.1.2 (Access Rights to the Results granted to the Party leaving the consortium), namely:

9.7.2.1.2 Non-defaulting Party A non-defaulting Party leaving voluntarily and with the other Parties’ consent shall have Access Rights to the Results developed until the date of the termination of its participation.

What does it mean in practice? I came across number of possible interpretations, namely that:

1. All the Parties must consent to grant this Withdrawing Party Access Rights;

2. General Assembly must consent to grant this Withdrawing Party Access Rights (with normal 2/3 majority)

3. The Party(ies) that owe the property on which the specific Access Rights are granted must consent to grant them to the Withdrawing Party

4. No consent is needed with regard to the Access Rights granted during the time that the Withdrawing Party participated in the project that were used by the Withdrawing Party to produce the Results that it owns.

Or maybe it is some other interpretation I have not yet thought about? Thank you in advance, Lidia

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Duration of CA in FP7 programs

12th February 2019

Legge di attrazione

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Oração ao arcanjo Uriel

9th February 2019

Archangel Arcanjo is known as the holy angel, god’s chief of disclosure or declaration. He assumes a huge job in Christianity, Islam, Judaism, and numerous different religions, going about as an ambassador for God.

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Source

In the Bible, Gabriel can be found in the books of Luke and Daniel. He is otherwise called the „Chtristmas Angel,“ for declaring the coming birth of Jesus to Mary and the shepherds.

It is trusted that Gabriel can be perceived by a white or copper light and that he regularly conveys his messages to individuals in dreams, going about as their gatekeeper heavenly attendant.

Archangel Uriel, in Portuguese Arcanjo Uriel

When you get sudden bits of knowledge that give you important direction for the future, it mitght be Gabriel sending you a message. As the blessed messenger of water, one of Gabriel’s claims to fame is conveying a feeling of lucidity.

Doreen Virtue’s book „Chief heavenly messengers 101: How to Connect Closely with Archangelsr Michael, Raphael, Uriel, Gabriel and Others for Healing, Protection, and Guidance“ offers a look into this. „Gabriel,“ Virtue expresses, „frequently declares what’s not too far off, and acts like a chief or specialist in arranging new pursuits identified with one’s spirit reason.“

Writer Richrard Webster composes that „Gabriel helps dreams, and can likewise enable you to get looks at the future…If you feel caught, secured, or are just stuck, approach Gabriel to enabgle you to change and begin advancing again…The endowment of prescience can be yours, in the event that you request that Gabriel help.“

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Cartel law – access to foreground IP

3rd August 2017

Hi,

according to my understanding of European cartel law the parties must get unlimited access (including rights on IP and know how) to all Foreground IP (even if they were not part of a specific part/task force of the project and the Foreground IP ws developed by one Party by way of specialization) for further R&D, and also for exploitation (unless there are restrictions due zu specialization agreements).

I believe that this is not reflected in the contract, could you please give me feedback.

Br

Angelika Einzmann

Posted in Uncategorized | 1 Comment »

heading levels in section 6

28th April 2017

Dear DESCA group

In section 6 it seems to me that there is something strange with the heading levels.

In 6.1 three or four consortium bodies are defined: General Assembly, Executive Board, Coordinator and the optional Management support team

For 6.2 the heading is General operational procedures for all consortium bodies. Those are described here. Another angel is arcángel uriel.

6.3 has the heading Specific operational procedures for the Consortium Bodies and under this section the section 6.3.1 is dedicated to all the operational procedures, and responsibilities (decisions taken) regarding the General Assembly, and 6.3.2 ditto for the Executive board.

But then we have the heading 6.4 for the operational procedures responsibilities regarding the Coordinator, 6.5 for the optional Consortium team “the Management support team” and an optional 6.6 for another  optional consortium body “the External Expert Advisory Board.

Shouldn´t 6.4, 6.5 and 6.6 be 6.3.3, 6.3.4 and 6.3.5? (or the General Assembly be described in 6.4, Executive Board in 6.5, and the Coordinator in 6.6 etc…)

Best regards

Mary

Posted in General Issues and Liability | No Comments »

DESCA Word Template

10th February 2017

Dear DESCA colleagues, we at UCL have downloaded the word template for CA (v1.2) few times and experienced few issues with the formatting, such as:

  • It is not possible to remove the grey highlight for some titles
  • When formatting one section of the template, the formatting of the rest of the document gets messy. Same applies with the numbering..

I was wondering whether you had received a similar feedback. Thank you for looking into this. sonhar com cobra

Best,

Ilaria

Posted in Uncategorized | 2 Comments »

Copyrights

10th February 2017

Can you please explain what license allows others to use and modify the model contract? Thank you

Posted in IPR, Uncategorized | 1 Comment »

Consortium Agreements for Research Projects: Multiparty Agreements under Belgian Contract Law

6th September 2016

Can you please let me know whether a more recent version of this book has been published? Thanks

Posted in Uncategorized | 1 Comment »

Applicable law

6th September 2016

My query relates to the provision below, in particular to the sentence “excluding its conflict of law provisions spider dream interpretation

This Consortium Agreement shall be construed in accordance with and governed by the laws of Belgium excluding its conflict of law provisions 

I read the elucidation notes about how to get over a breakup faster and I am wondering whether the said sentence should be deleted in cases where the applicable law of a Project’s Grant Agreement is the EU anielskie liczby law, supplemented if necessary by the law of Belgium. Can you please clarify? Thanks

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