SECTION 2

Participants may define the background needed for the purposes of the indirect action in a written agreement and, where appropriate, may exclude specific background. All requests for access rights shall be made in writing. Unless otherwise agreed by the owner of the foreground or background, access rights shall confer no entitlement to grant sub-licences. Exclusive licences for foreground or background may be granted, subject to written confirmation by all the other participants that they waive their access rights thereto. Without prejudice to paragraph 3, any agreement providing access rights to foreground or background to participants or third parties shall be such as to ensure that potential access rights for other participants are maintained. Without prejudice to Articles 49 and 50 and the grant agreement, participants in the same action shall inform each other as soon as possible of any limitation to the granting of access rights to background, or of any other restriction which might substantially affect the granting of access rights. The termination of its participation in an indirect action shall in no way affect the obligation of that participant to grant access rights to the remaining participants in the same action under the terms and conditions established by the grant agreement. Access rights to foreground shall be granted to the other participants in the same indirect action, if it is needed to enable those participants to carry out their own work under that indirect action. Such access rights shall be granted on a royalty-free basis. Access rights to background shall be granted to the other participants in the same indirect action, if it is needed to enable those participants to carry out their own work under that indirect action provided that the participant concerned is entitled to grant them. Such access rights shall be granted on a royalty-free basis, unless otherwise agreed by all participants before their accession to the grant agreement. However, RTD performers shall grant access rights to background on a royalty-free basis. Participants in the same indirect action shall enjoy access rights to foreground, if it is needed to use their own foreground. Subject to agreement, such access rights shall be granted either under fair and reasonable conditions or be royalty-free. Participants in the same indirect action shall enjoy access rights to background, if it is needed to use their own foreground provided that the participant concerned is entitled to grant them. Subject to agreement, such access rights shall be granted either under fair and reasonable conditions or be royalty-free. An affiliated entity established in a Member State or associated country shall also have access rights, referred to in paragraphs 1 and 2, to foreground or background under the same conditions as the participant to which it is affiliated, unless otherwise provided for in the grant agreement or consortium agreement. A request for access rights under paragraphs 1, 2 and 3 may be made up to one year after either of the following events: the end of the indirect action; termination of participation by the owner of the background or foreground concerned. However, the participants concerned may agree on a different time-limit. Subject to the agreement of all the owners concerned, access rights to foreground shall be granted to a RTD performer, on fair and reasonable conditions to be agreed, for the purposes of pursuing further research activities. RTD performers shall grant access on a royalty-free basis, or on fair and reasonable conditions to be agreed prior to the signing of the grant agreement, to background needed to use the foreground generated in the indirect action. Participants in the same ‘frontier’ research action shall enjoy royalty-free access rights to foreground and background for implementation or for the purposes of pursuing further research activities. Access rights for use for purposes other than those of pursuing further research activities shall be royalty free unless otherwise provided in the grant agreement. Where the specific group benefiting from the action is represented by a legal entity that participates in the action in their place, that legal entity may grant a sub-licence, in respect of any access right granted to it, to those of its members which are established in a Member State or an associated country.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.