FantasticSearch

1. Except as provided under paragraph 2, the Union shall be the owner of all tangible and intangible assets created or developed under the Programme’s components. To that effect, the Commission shall ensure that relevant contracts, agreements and other arrangements relating to the activities which may result in the creation or development of such assets contain provisions ensuring the Union’s ownership of those assets.

2. Paragraph 1 does not apply to the tangible and intangible assets created or developed under the Programme’s components, where the activities which may result in the creation or development of such assets:

(a) are carried out pursuant to grants or prizes fully financed by the Union;

(b) are not fully financed by the Union; or (c) relate to the development, manufacture or use of PRS receivers incorporating EUCI, or components of such receivers.

3. The Commission shall ensure that the contracts, agreements and other arrangements relating to the activities referred to in paragraph 2 of this Article contain provisions setting out the appropriate ownership regime for those assets and, as regards point (c) of paragraph 2 of this Article, that they ensure that the Union can use the PRS receivers in accordance with Decision No 1104/2011/EU.

4. The Commission shall seek to conclude contracts, agreements or other arrangements with third parties with regard to:

(a) pre-existing ownership rights in respect of tangible and intangible assets created or developed under the Programme’s components;

(b) the acquisition of the ownership or license rights in respect of other tangible and intangible assets necessary for the implementation of the Programme.

5. The Commission shall ensure, by means of an appropriate framework, the optimal use of the tangible and intangible assets referred to in paragraphs 1 and 2 owned by the Union.

6. Where the assets referred to in paragraphs 1 and 2 consist of intellectual property rights, the Commission shall manage those rights as effectively as possible, taking account of:

(a) the need to protect and give value to the assets;

(b) the legitimate interests of all stakeholders concerned;

(c) the need for harmonious development of markets and new technologies; and (d) the need for the continuity of the services provided by the Programme's components. The Commission shall ensure in particular that the relevant contracts, agreements and other arrangements include the possibility of transferring those intellectual property rights to third parties or of granting third-party licences for those rights, including to the creator of the intellectual property, and that the Agency can freely enjoy those rights where necessary for carrying out its tasks under this Regulation. The FFPA provided for in Article 28(4) or the contribution agreements referred to in Article 32(1) shall contain relevant provisions to allow the use of the intellectual property rights referred to in the first subparagraph of this paragraph by ESA and the other entrusted entities where necessary to perform their tasks under this Regulation, and the conditions for that use.