DESCA 2020 Feedback


Cartel law – access to foreground IP

3rd August 2017


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.


Angelika Einzmann

One Response to “Cartel law – access to foreground IP”

  1. Says:

    Dear Ms Einzmann,

    In order for us to consider your question, would you be so kind as to let us know which specific provision(s) of European cartel law you refer to, and which parts of the DESCA model you refer to in particular when stating that this is not reflected in the model contract.

    Thank you in advance.

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