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Three Joint Technology Initiatives (ITCs) – Clean Sky 2, ECSEL and the Innovative Medicines Initiative (IMI) 2 – offer their own model consortium agreement for projects funded on their websites. These models are particularly attributable to the partially divergent provisions of the ITCs, for example. B regarding the intellectual property rights of IMI 2. A model agreement on the Horizon 2020 consortium can address several aspects, including (but not limited): DESCA, the most widely used consortium agreement in the 7th Framework Programme, has been updated for Horizon 2020. So what needs to be done to best meet the needs of the consortium members at an early stage, without spending the resources and time before there is more clarity in funding? Note: The costs of developing a consortium agreement are non-refundable, as the consortium agreement must be signed before the grant agreement is signed. However, the costs associated with updating the consortium agreement are eligible if they are incurred during the duration of the action. This initiative, initiated by key Horizon 2020 stakeholders and developed jointly with the FP community, aims to reconcile the interests of all categories of participants: large and small businesses, universities, public research institutes and NGOs, in accordance with the Responsible Partnering initiative. The desca Core Group is represented by ANRT, EUA, Eurochambres, EARTO, KoWi, LERU, ATV, ZENIT and coordinated by Fraunhofer and the Helmholtz community. Since the consortium agreement is in fact a commercial agreement, we recommend the services of a legal advisor competent to develop such agreements. While this is not mandatory, we recommend referring to the CA structure and guidelines when developing a consortium agreement.
As mentioned above, it is advisable to use experienced legal advisors in the preparation of this agreement. The DESCA proposal should only be presented as a means of structuring the agreement in a general way and taking into account the important aspects that need to be taken into account. Explanatory notes containing concrete examples and detailed explanations of the various options and clauses are included in the model as a whole. These guidance will help research directors (who generally do not have legal training) and early PC participants to make informed decisions about the best formulations to protect their interests. Nevertheless, there is an important point to bear in mind: the preparation of an agreement on the Horizon 2020 consortium requires a significant investment of time, resources and resources for legal assistance. If the project is not chosen by the European Commission for funding, such an allocation of money and time will essentially (and unfortunately) be wasted. The consortium agreement complements the Horizon 2020 award agreement. While the grant agreement defines the binding legal relationship between the European Commission and the project partners, the consortium agreement defines and regulates the relationships between the partners themselves. Unlike the subsidy agreement (which is defined and cannot be amended), the Horizon 2020 consortium agreement is essentially a trade agreement between the partners.