Group 2: legal aspects

Starting topics

A
  • 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
C
  • Acceptance process (see also: group 4)
  • Warranty on components
  • Ownership
D
  • 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

A. ERIC and VAT

Pros and cons of ERIC https://en.wikipedia.org/wiki/European_Research_Infrastructure_Consortium
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

Warranty

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
  • 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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