In the Model Grant Agreement for EU/projects issues on ownership of data are addresses in subsection 3 on rights and obligations related to results. For the general discussion on ownership of data it is interesting that the Model Grant Agreement (MGA), which is now available with annotations[1] takes a broad definition of results as starting point. Next to the best effort obligation to exploit results the MGA outlines requirements for the dissemination of results. There are provisions for joint ownership and rights of third parties (including personnel). The annotated version of the MGA mentions the best practice to include general principles on joint ownership already in the consortium agreement. The beneficiaries may choose how they would like to disseminate their results. The dissemination measures should however be consistent with the ‘plan for the exploitation and dissemination of the results’ and proportionate to the impact expected from the action.
Article 29 provides a procedure for decisions on dissemination of results. Article 29.2 elaborates the obligation on Open Access for publications and mentions the obligation to aim to deposit data for validation. Additional dissemination obligations can be foreseen in the work programme. Article 29.3 on open access to research data is of interested for decisions on dissemination on data. It mentions that other interests in access to data need to be taken into account by several opt-out options referring to obligations to protect results, the confidentiality and security obligations and the obligations to protect personal data. Also, as an exception, the beneficiaries do not have to ensure open access to specific parts of their research data if the achievement of the action’s main objective would be jeopardized by making those specific parts of the research data openly accessible.
SUBSECTION 3 RIGHTS AND OBLIGATIONS RELATED TO RESULTS
ARTICLE 26 OWNERSHIP OF RESULTS
26.1 Ownership by the beneficiary that generates the results
Results are owned by the beneficiary that generates them.
‘Results’ means any (tangible or intangible) output of the action such as data, knowledge or information — whatever its form or nature, whether it can be protected or not — that is generated in the action, as well as any rights attached to it, including intellectual property rights.
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26.3 Rights of third parties (including personnel)
If third parties (including personnel) may claim rights to the results, the beneficiary concerned must ensure that it complies with its obligations under the Agreement.
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ARTICLE 29 —DISSEMINATION OF RESULTS—OPEN ACCESS—VISIBILITY OF EU FUNDING
29.1 General obligation to disseminate results
Unless it goes against their legitimate interests, each beneficiary must — as soon as possible—‘disseminate’ its results by disclosing them to the public by appropriate means (other than those resulting from protecting or exploiting the results), including in scientific publications (in any medium).
This does not change the obligation to protect results in Article 27, the confidentiality obligations in Article 36, the security obligations in Article 37 or the obligations to protect personal data in Article 39, all of which still apply.
A beneficiary that intends to disseminate its results must give advance notice to the other beneficiaries of —unless agreed otherwise—at least 45 days, together with sufficient information on the results it will disseminate. Any other beneficiary may object within —unless agreed otherwise—30 days of receiving notification, if it can show that its legitimate interests in relation to the results or background would be significantly harmed. In such cases, the dissemination may not take place unless appropriate steps are taken to safeguard these legitimate interests. If a beneficiary intends not to protect its results, it may— under certain conditions (see Article 26.4.1)— need to formally notify the [Commission][Agency]before dissemination takes place.
29.2 Open access to scientific publications
Each beneficiary must ensure open access (free of charge, online access for any user) to all peer-reviewed scientific publications relating to its results.
In particular, it must:
(a) as soon as possible and at the latest on publication, deposit a machine-readable electronic copy of the published version or final peer -reviewed manuscript accepted for publication in a repository for scientific publications;
Moreover, the beneficiary must aim to deposit at the same time the research data needed to validate the results presented in the deposited scientific publications.
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29.3 Open access to research data
[OPTION for actions participating in the open Research Data Pilot: Regarding the digital research data generated in the action (‘data’), the beneficiaries must:
(a)deposit in a research data repository and take measures to make it possible for third parties to access, mine, exploit, reproduce and disseminate—free of charge for any user— the following:
(i) the data, including associated metadata, needed to validate the results presented in scientific publications as soon as possible;
(ii) other data, including associated metadata, as specified and within the deadlines laid down in the ‘data management plan’ (see Annex 1);
(b) provide information—via the repository—about tools and instruments at the disposal of the beneficiaries and necessary for validating the results (and—where possible—provide the tools and instruments themselves).
This does not change the obligation to protect results in Article 27, the confidentiality obligations in Article 36, the security obligations in Article 37 or the obligations to protect personal data in Article 39, all of which still apply.
As an exception, the beneficiaries do not have to ensure open access to specific parts of their research data if the achievement of the action’s main objective, as described in Annex 1, would be jeopardised by making those specific parts of the research data openly accessible. In this case, the data management plan must contain the reasons for not giving access.]