Common use of Protection of Knowledge Clause in Contracts

Protection of Knowledge. The costs of the protection of knowledge generated in the framework of the project shall comprise the actual costs necessary for adequate and effective protection for such knowledge, taking into account the interests of the Community. They shall be eligible only in so far as the Commission has given its prior written approval to the contractors and in so far as the competition rules, in particular those under the Community framework for State aid to research and development, are complied with. In the absence of observations within one month of receipt of the request made by the coordinator, the approval of the Commission shall be deemed to have been given. They comprise: - the costs of documentary research preliminary to the filing of an application for the granting of an industrial property right, - the fees paid to the competent authorities that are necessary with a view to the granting of an industrial property right or its territorial extension, provided that prior documentary research, as referred to in the first indent, has been carried out, and - the fees paid to the competent authorities to extend the duration of the industrial property right. Fees paid to advisers for knowledge protection purposes shall be reimbursable provided that an application for the granting of an industrial property right has been subsequently filed. Personnel costs incurred in this connection shall be reimbursable, provided that: (i) the conditions of paragraph 1(a) and (b) or (c) of this Article shall apply and (ii) the time actually worked on the project shall be recorded and certified in accordance with paragraph 1(a), third sentence, of this Article. The Community’s financial contribution in respect of the third subparagraph of this paragraph may not exceed EUR 4 000 per industrial property right. The costs of protection of such knowledge shall exclude, in particular: - translation costs, - the costs incurred with a view to obtaining the access rights referred to in Articles 12, 13 and 14 of this Annex.