Group 2: legal aspects

Starting topics

  • Different contract types?
  • Bilateral vs. multilateral
  • Problem: ERIC --> solution? VAT, geographical return
  • In-kind and in cash procurement rules
B (not addressed)
  • Handling disputes
  • The place of trust in in-kind
  • What do we do when it goes wrong --> sacking partners
  • Acceptance process (see also: group 4)
  • Warranty on components
  • Ownership
  • Open science
  • Protection of intellectual property on technologies

Main results

Three themes
  • A: ERIC and VAT
  • C: Acceptance and warranty
  • D: Open science and intellectual property

Session 1 - protocol (disappeared)

Group members: Kati, Miloš, Ghislaine, Valentin, Stéphane, Cécile, Sabrina

Key words:

Background work


Pros and cons of ERIC
Pro Con
Own procurement rules Bureaucracy
Ease procurement process What is the future of ERICs?
Increase visibility (status)  

Common and structured legal framework

for members and organisation

VAT exemption  
  • VAT exposure for in-kind partners in their own country?
  • VAT exposure for in-kind partner delivering to another EU country?
Refer to working paper 946: "Value added tax committee of EU commission - application of EU VAT provisions - exceptions granted to member of ERIC" (see attachment to this page)

A. Different contract types for in-kind

Type/name/semantics irrelevant (e.g. "collaboration", "cooperation").

Things to think about:

B: Not addressed

C: Warranty and acceptance


Note: define beforehand with parties the start of the warranty period (e.g. from start of linac), length of warranty period.

COTS (commercial off-the-shelf) components considerations:
  • Can you get manufacturer/sub-contractor warranty?
  • What are warranty terms and conditions (repair, replace, exc[illegible])?
  • What is the length and starting point of warranty at no extra cost
  • Extended warranty?
Extra consiterations for IKC:
  • Who is responsible for what?
  • what cover/warranty can be achieved (discussion with procurement team)?
  • Use existing warranties
  • Consider delays / phase zero use.
  • Acceptance is a process --> long event, not single time event
  • Acceptance must satisty stakeholders' needs
  • Must have clear steps and a final "OK"
Acceptance proceedure is a process in stages. Define acceptance criteria for all stages. Decision points for technical acceptance steps could be:
Accept unconditional
Accept conditional
Reject redo
Reject modify
Frequent crossover between legal, technical and other responsibilities in acceptance.

Lesson learned: make sure only the highest instance can sign an acceptance. Scientists will sign anything!

Formalise decisions in contract:
  • What documentation?
  • Who signs?
  • What does document state?
Legak consequences of final acceptance:
  • Start of warranty period?
  • Transfer of ownership?
  • In-Kind crediting
  • Contract management
  • -->exit

D: Open source and Intellectual property rights (IPR)

General principles: ownership, access rights, rights of use.

Case specific:
  • SW (licence agreement)
  • Confidential info
  • Open- source --> regulated licence --> licence terms
  • Am I allowed to publish? Am I obliged to publish? Do I want to?
  • Dual-use
Structure of IKCA

-- SoniaUtermann - 2018-05-14

Topic revision: r2 - 2018-05-16, SoniaUtermann
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