RASK Law Firm

Article 72 of the Directive should contain a specific provision allowing the allocation of intellectual property rights to be modified during contract performance without being regarded as an unlawful modification or an undue advantage. The objective of contracting authorities is not to accumulate intellectual property that they do not require.

The notion of intellectual property is very broad and, if used without clarification, can create significant uncertainty in practice. Regulation should explicitly define whether, and in which circumstances, reference is made to copyright (for example software, databases or documents), inventions and patentable solutions, utility models, design rights, trademarks, trade names or confidential know-how.

One of the objectives of the Innovation Act is movement within Europe, both in terms of cooperation and dissemination. The outcomes of creating innovative solutions can be very broad, ranging from science and education to defense and security goods. However, today at the European level, cross-border movement of many goods, including between Member States, is highly over- or under-regulated.