A new procurement procedure is required in case of material changes to the initial contract, in particular to the scope and content of the mutual rights and obligations of the parties, including the distribution of intellectual property rights. Such changes demonstrate the parties’ intention to renegotiate essential terms or conditions of that contract.

The Commission will also bring forward a number of other measures set out in the Communication of December 2015 over the coming months, such as a stronger enforcement of intellectual property rights, including copyright. These amendments to the EU IPR law will, for instance, clarify the scope and application of provisional and precautionary measures and injunctions and clarify the rules for the calculation and allocation of damages.

Notes in particular the importance for successful pre-commercial procurement of developing risk/benefit sharing according to market conditions and the vesting of intellectual property rights in participating undertakings;

PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS

3. Ownership rights shall cover all intellectual property rights within the meaning of Article 1(1) of Commission Regulation (EC) No 772/2004 of 27 April 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements as well as all property rights within the meaning of Article 2 of the Convention of the 14th July 1967 establishing the Intellectual Property World Organisation, and in particular trade mark rights.

(a)issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by national law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the rightholder; an interlocutory injunction may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual pro ...[+++]perty right; injunctions against intermediaries whose services are used by a third party to infringe a copyright or a related right are covered by Directive 2001/29/EC.