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DIAMARK CONSORTIUM AGREEMENT

DIAMARK CONSORTIUM AGREEMENT. Research project under the EC Seventh Framework Programme (FP 7). The “contract system”. Rules for the participation under the Seventh Framework Programme (EC Regulation No 1906/2006) The Grant Agreement (EC-GA)

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DIAMARK CONSORTIUM AGREEMENT

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  1. DIAMARKCONSORTIUM AGREEMENT Research project under the EC Seventh Framework Programme (FP 7)

  2. The “contract system” • Rules for the participation under the Seventh Framework Programme (EC Regulation No 1906/2006) • The Grant Agreement (EC-GA) • Annex I – Project Description (Annex I of the EC-GA) • Annex II – General Conditions (Annex II of the EC-GA) • Annex IV – Accession of beneficiaries to the Grant Agreement • The Consortium Agreement

  3. The GA Annex II – General Conditions governs i.a.: • Definitions • Performance obligations of the Coordinator and each Beneficiary • Reporting to the Commission and payments from the Commission • Subcontracting (Beneficiary is still responsible) • Confidentiality (ConsortiumandCommission) • Publicity – European logo and highlighting the EC support • Definitions of eligible costs of the project/funding limits • Guarantee Fund

  4. The GA Annex II – General Conditions (continued) • Controls and sanctions of the Commission • IPR, Use and Dissemination • Ownership of Foreground (Property of the part generating it) • Transfer of Foreground (securing Access and objections) • Protection of Foreground (obligation to protect Foreground) • Dissemination (obligations to disseminate) • Access Rights • Background / Foreground • Implementation or Use

  5. The Consortium Agreement • The internal organisation of the Consortium including the decision making procedures • Rules on publication and use, and access rights • The distribution of the Community financial contributions • Settlement of internal disputes • Liability, indemnification and confidentiality agreements between the Parties

  6. Consortium Agreement – Internal organisation • Project Management Board (general assembly) • The Coordinator • The Scientific Coordinator • 1 representative from the other Parties (except RN-AH) • Coordinator (RN-AH/Hans Gregersen) • Scientific Coordinator (RN-AH/Asbjørn Mohr Drewes) • Team Managers • Management Support (RN-AH/Hanne Andersen)

  7. Project Managing Board – Quorum and Voting rules • Decisions only valid if 2/3 present • Each member has 1 vote • Decisions are taken by majority of the present members. Coordinator has a casting vote • Veto right • If own work, liabilities, IPR etc. will be severely affected

  8. The Project Management Board meetings • Detailed provisions on working out agendas • Meetings take place as • “Face-to-face meetings” • Video conferences • Telephone conferences • Emails • Formal “Face-to-face” meetings take place at least every 6 months during the project period

  9. Rules on IPR – Background and Foreground • Background • Defined by each Party in Attachment 1 (positive) and Attachment 2 (negative) • Only Access Right if necessary for the other Parties to carry out the tasks assigned in the Project Description • Access Right only for implementation (unless Access Right granted for Use on fair and reasonable conditions) • “Use” (nyttiggørelse): E.g. other research projects, marketing a product or service, or any other commercial activities

  10. Rules on IPR – Background and Foreground (cont.) • FOREGROUND • Def.: Results generated under the Project • Own Foreground vs. Joint owned Foreground • Own Foreground • May be transferred to third parties • Transferring Party must ensure the Access Rights of the other Parties (otherwise liability towards the other Parties) • Joint Foreground • Only transfer subject to approval of the other owner and the Project Managing Board

  11. Rules on IPR – Background and Foreground • Access Right to other Parties’ Foreground • Only for the purpose it has been granted • For implementation (needed for the performance of own work under the Project) = free • For other internal research (not under the Project) = free • For Use (if necessary for the use of own Foreground) = onfair and reasonable conditions

  12. Non-disclosure provisions • Information explicit marked “confidential” • Information ordinarily considered as sensitive business information • Personal Data

  13. Language, applicable law, settlement of disputes • English • Danish Law • Always try to solve disputes amicably in the forum of the Project Management Board • Rules of procedure of the Danish Arbitration

  14. Attachments to be filled out by the Parties: • Attachment 1: Background to be included • Attachment 2: Background to be excluded • Attachment 5: Initial list of contact persons with the Parties • Attachment 8: Banking details

  15. Documents to be signed • Accession to the Grant Agreement • Accession to the Consortium Agreement

  16. Region Nordjylland Legal Department Peter Larsen Head of Legal Department pel@rn.dk +45 9635 1050 Lasse Stender Legal advisor Lasse.stender@rn.dk +45 9635 1052

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