Thursday, 6 November 2014

Missing consortium agreement spotted!

In July we mentioned that the EC had placed a contract with a law firm to produce model consortium agreements for Horizon 2020. Despite being due for delivery in March 2014, they still had not been published. Some guidance on establishing a consortium agreement has appeared on the Participant Portal, but no model agreement.

However, a version of the agreements has now appeared on the Innovation Union website of the EC. They form the second half of a report on progress of a “Study to support the development and implementation of Innovation Union commitment 21 on knowledge transfer”.

The report contains five agreements: letter of intent, multilateral confidentiality, consortium, sale and purchase, and licensing. A quick reading of the consortium agreement finds:

• As part of the management structure, work package leaders are chosen by the organisations involved in the work package. This appears to be in conflict with the grant agreement, which identifies the organisation leading each work package.

• Similar to the Digital Europe and EUCAR consortium agreements, this one includes sideground in its definition of background. Unlike the Digital Europe and EUCAR agreements, it does not extend access rights to all results.

• To gain access rights, affiliates must be listed explicitly in the consortium agreement, but are not limited to those in the EU and Associated Countries, as suggested by the grant agreement.

Of course, this may not be the final version of the agreement. Who knows?

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