Group 2: legal aspects
B (not addressed)
- Different contract types?
- Bilateral vs. multilateral
- Problem: ERIC --> solution? VAT, geographical return
- In-kind and in cash procurement rules
- 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
- Open science
- Protection of intellectual property on technologies
- A: ERIC and VAT
- C: Acceptance and warranty
- D: Open science and intellectual property
Session 1 - protocol (disappeared)
Kati, Miloš, Ghislaine, Valentin, Stéphane, Cécile, Sabrina
A. ERIC and VAT
Pros and cons of ERIC https://en.wikipedia.org/wiki/European_Research_Infrastructure_Consortium
| Own procurement rules
| 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:
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
D: Open source and Intellectual property rights (IPR)
General principles: ownership, access rights, rights of use.
Structure of IKCA
- 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?