FantasticSearch

1. The Union shall be the owner of all tangible and intangible assets which form part of the governmental infrastructure developed under the Programme, as referred to in Articles 5(2) and 19(10), with the exception of the EuroQCI terrestrial infrastructure, which shall be owned by the Member States. To that end, the Commission shall ensure that contracts, agreements and other arrangements concerning activities that may result in the creation or development of such assets contain provisions ensuring the Union’s ownership of those assets.

2. The Commission shall ensure that the Union has the following rights:

(a) the right of use of the frequencies required for the transmission of the signals generated by the governmental infrastructure, in accordance with the applicable laws and regulations and the relevant licensing agreements, enabled by the relevant filings for the frequencies provided by the Member States, which remain under the responsibility of the Member States;

(b) the right to prioritise the provision of the governmental services over commercial services, in accordance with the terms and conditions to be established in the contracts referred to in Article 19 and by taking into consideration the needs of government-authorised users referred to in Article 12(1).

3. The Commission shall seek to conclude contracts, agreements or other arrangements with third parties, including the contractors referred to in Article 19, with regard to:

(a) pre-existing ownership rights in respect of tangible and intangible assets which form part of the governmental infrastructure;

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

4. Where the assets referred to in paragraphs 1, 2 and 3 consist of intellectual property rights, the Commission shall manage those rights as effectively as possible, taking into account:

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

(b) the legitimate interests of all stakeholders concerned;

(c) the need to ensure competitive and well-functioning markets and to develop new technologies;

(d) the need for the continuity of the services provided by the Programme.

5. The Commission shall, where appropriate, ensure 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 such third parties can freely enjoy those rights where necessary for carrying out their tasks under this Regulation.