In the Framework Agreement between the contracting authorities (Authority) and the suppliers (Contractor) we are planning to enter these clauses (already used in other EC PCPs):
All the Background Intellectual Property used or supplied under this Framework Agreement in connection with the Project shall remain the property of the Party introducing the same and nothing contained in this Framework Agreement or any licence agreement pertaining or pursuant to the Project shall affect the rights of either Party in its Background Intellectual Property.
The Contractor shall within two weeks of the signing of this Framework Agreement provide the Authority with full information in writing about what Background Intellectual Property it (or any of its subcontractors) holds at the date of this Framework Agreement that pertains or may pertain to the Project or any part thereof.
If the Contractor (or any of its subcontractors) generates Foreground Intellectual Property, whether the Contractor (or subcontractor) intends to file for protection of it or not, the Contractor shall inform the Authority about the contents of such Intellectual Property.
The exploitation right of the Intellectual Property rights, generated by the Contractor or any of its subcontractors, arising out of Foreground Intellectual Property shall, in relation to the Authority, belong to the Contractor.
The Contractor gives the Authority a free and non-exclusive licence to use the Foreground Intellectual Property and if necessary the Background Intellectual Property and any relevant open source licences for internal use within Catalonia, Scotland and Southern Denmark with protection of claims of third parties and upon request offers licenses to third parties at a fair market price with consideration of the rights of other third parties that do not accrue to the Contractor.