中美清洁能源研究中心技术管理计划与项目合同.PDFVIP

The CERC TMP and Project Contracts March 5, 2012 
 The Order of Precedence of the Controlling Documents   •  The CERC Protocol is the controlling document for all CERC Projects.   •  IP Annex to the CERC Protocol Requires a TMP before works commences:   –  II.B.2.(d) The Parties or their participants shall jointly develop provisions of a Technology Management Plan regarding the exploitation of intellectual property rights …   –  (e) If the Parties cannot reach an agreement on a joint Technology Management Plan in the particular research project agreement, work on the particular research project shall not commence.   •  Technology Management Plan for each of the three consortia creates the framework for collaboration and the management of Intellectual Property   •  Project- and IP-specific contracts will describe in detail the rights and responsibilities of a project’s Participants 2012 CEF Copy rights reserved. 
 Technical Management Plan (TMP) Framework •  •  Distinguish ‘Background’ IP from ‘Project’ IP and be clear about the rights associated with each category. •  CERC •  Ensure there are no restrictions or encumbrances impairing licenses of Background IP to CERC Participants. •  •  Ensure Background and Project IP can be licensed on commercial terms. •  •  Ensure flexibility to put Project IP allocations, terms and conditions in contracts