Case no
DECLARATIONOFTRANSFER OF RIGHTS TO RESULTS CREATED IN RESEARCH PROJECTS WHOLLY OR IN PART FINANCED BY THEEUCOMMISSION
I the undersigned,…name…, …id number…, shall be taking part as a project employeein project …...
The project is wholly/partiallyfinanced by EU’sframework programme Horizon 2020 in accordance with the contract which has been entered into/shall be entered into between the EU Commissionand the University ofBergen.
The undersigned is aware that this contract gives the contracting party the right to the knowledge produced in the project, and requires that the project results shall be administered by the University ofBergen,and that the university,in accordance with the same contract, undertakes to enter into agreements with/secure declarations from the project personnel who otherwise could have claimed the rights to the project results.This declaration ensures that the rights to the project results will be exercised in such a way that is compatible with the University ofBergen's contractual obligationsto the EU Commission.
Background:
The EU Commission's definitionof knowledge, and provisionsrelating to ownership rights and the handling of the results:
Fifth framework programme:
“Knowledge:means the results, including information, arising from any project covered by Decision No 182/1999/EC of the European Parliament and of the Council of 22 December 1998 concerning the Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998 to 2002) (hereinafter referred to as the “Fifth Framework Programme”), as well as copyright or rights attaching to the results following applications for, or the issue or registration of, patents, designs and models, plant varieties, additional certificates or other similar forms of protection”.
Sixth framework programme:
Article II.1.14 Definitions in the Model Contract, Annex II General Conditions:
”Knowledge:means the results, including information, whether or not they can be protected, arising from the project governed by this contract, as wellas copyrights or rights pertaining to such results following applications for, or the issue of patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.”
Article II.32.1– Right of ownership to knowledge:
”Knowledge shall be the property of the contractor carrying out the work leading to that knowledge.”
Article II.32.3.: ”If personnel working for a contractor are entitled to claim rights to knowledge, the contractor shall take steps or reach appropriate agreements to ensure that these rights can be exercised in a manner compatible with its obligations under this contract.”
Bearing the above in mind, I hereby transferto theUniversity ofBergen all therights which I have or could have to the project results. This transfer also applies to possible patentable inventions which I, alone or together with others, produce or will be able to produce as a stage in the project,regardless of whether the special provisions in section 4 of the Norwegian Act of 1970 relating to the Right to Employees' Inventionshave been satisfied.
I declare that I will sign all declarations of transfer and/or other documents which are necessary so that the University ofBergenor a third party will be able to obtain protection of the rights to the project results inNorway and/or abroad.
The transfers pursuant to this declaration do not have any effect on my right to identification by name as the inventor pursuant to section 8 of the Norwegian Patents Actor as the author pursuant to section 3 of the Norwegian Copyright Act or right to identification by name pursuant to foreign law.
Nor does this declaration have any effect on my possible future rights to reasonable compensation/remuneration from the University ofBergenpursuant to section 7 of the Norwegian Act relating to the Right to Employees' Inventions for the transfer of rights to patentable inventions. If while working on the project in questionI,alone or with others, create a computer programor another result that is financially exploited, the compensation provisions in the Norwegian Act relating to the Right to Employees' Inventions(section 7) shall be applied correspondingly.
I declare that I will not publish the project results at a point in time and/or in any way which could conflict withthe University ofBergen's current and future contractual obligations with the EU Commission or another third party. If there are doubts as to whether such publication could conflict with the university's contractual obligations, I undertake to present this matter to the universityfor a decision well in advance of the planned publication date.
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(Project employee's signature)