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Archive for December, 2019

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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