CELEX: 51973PC1753
Language: en
Date: 1973-10-22
Title: PROPOSAL FOR A COUNCIL DECISION adopting provisions for the dissemination of information relating to research programmes for the European Economic Community (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1753
Vol. 1973/0304
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF TUB EUROPEAN COMMUNITIES
                                                            COM(73)1753 final
                                                            Brussels . 22 October 1973
                                   PROPOSAL FOR A
                                  COUNCIL DECISION
             adopting provisions for the dissemination of information
      relating to research programmes for the European Economic Community •
                    ( submitted to the Council by the Commission)
  COM(73 ) 1753 final
 ---pagebreak---                               al
               Provisions for the dissemination of information
                  r elating to research programmes for the
                        : European Ec onomic Community ,
            ( Communication from the Commission to the Council )
        On Ik May and 18 June 1973 » the Council adopted a series of
research programmes for the European Economic Community .
        Each decision includes an Article 5 . which states :
      " Information gained from the implementation cf those parts of
        the programme defined in the Annex shall be disseminated in
        accordance with conditions and within limits to be fixed at a
       later date ."
       The Commission proposes to the Council the adoption by a single
decision of provisions for the dissemination of information relating
to these research programmes . .          ,
       These provisions are in principle based on the provisions re­
lating to information and patents resulting from financial aid for
the ECSC research programme ( Article 55 of the ECSC Treaty ) as well as
the research and training programmes of the EAEC (Articles 7j 12 and
13 of the Euratom Treaty ).
       However , several improvements based on experience acquired in
implementing these provisions have been made .
       Thus , Article 3 of the proposed decision determined the crite­
ria which will ensure that persons and undertakings of the Community
have priority cf access , in accordance with their own interests as
well as those of the Community .
 ---pagebreak---                                - 2 -
         Tha same Article lays down that the Commission shall imple­
ment a suitable procedure for the dissemination of information . The
Commission 's view is that use should be made of national correspon-
dants , as is the case with nuclear information .
         Article 6 lays down the conditions' for the granting of li­
cences for the use of inventions whether patented or not . This pro­
vision prevents that non-patented inventions which are capable of
industrial use be treated differently from patented inventions ,
fall in the public domain and thus cannot be exploited .
         To the same end , Article 7 provides for the granting of tem­
porary exclusive licences if offers to apply for non-exclusive licences
have been without result .
         Article 8 grants priority of use to a contractor who is the
author of an invention , in accordance with the contractual practice
of the Commission as applied with respect to the ECSC and EURATOM
Treaties .
         Finally , Article 9 explicitely provides for the possibility
to transfer such information and patents to a third State or an
international organisation through the conclusion of an international
agreement upon the conditions set forth in Article 228 of the Treaty
establishing the European Economic Community .
 ---pagebreak---                             PSOPOSAL
               FOB  A   COUNCIL          DECISION
       ADOPTING PROVISIONS FOR THE DISSEMINATION OF INFORMATION
               RELATING TO RESEARCH PROGRAMMES FOR THE
                      EUROPEAN ECONOMIC COMMUNITY
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
       Having regard to the Treaty establishing the European Economic
Community , and in particular Article 235 thereof ,
       Having regard to the proposal from the Commission ,
       Having regard to the Opinion of the European Parliament ,
       Whereas , to help in attaining the objectives listed in Articles
2 and 3 of the Treaty , it adopted research programmes for the European
Community on 14 May 1973 and 18 June 1973 in accordance with the condi­
tions of Article 233 of the Treaty ,.
       Whereas , it reserved the right to define at a later stage the
provisions for the dissemination of . information resulting from the
execution of these programmes ,        ,
       Whereas , therefore , it is necessary to define these provisions ,
     . Whereas the Treaty establishing the European Economic Community
made no provision for the' powers reouired for these purposes ,
       Has adopted this decision :
 ---pagebreak---                                  - 2 -
                                Article 1
          This decision shall be applicable to information and inventions ,
whether patented or not , resulting from the execution of the research
programmes for the European Economic Community adopted by the following
decisions :
a ) Council Decision of 14 Hay 1973 adopting a research programme in the
    field of standards and reference substances ( certified reference sub­
    stances ) ;
b ) Council Decision of l^f May 1973 » adopting a research programme on the
    protection of the environment ;
c ) Council Decision of 1^ May 1973 » adopting a research programme in the
    field of teledetection of earth resources ;
d ) Council Decision of 18 June 1973 > adopting a research programme on the
    protection of the environment -( direct action );
e ) Council Decision of 18 June 1973 t adopting a research programme in the
    field of standards and reference substances ( certified reference sub­
    stances ) }
f ) Council Decision of 18 June 1973j adopting a research programme in
    new technologies ( use of solar energy and recycling of raw materials );
g ) Council Decision of l8 June 1973 » adopting a research programme in the
    field of reference substances and methods ( Community Bureau of Refe­
    rence ) ;
h ) Council Decision of l8 June 1973j adopting a research programme for
    the protection of the environment ( indirect action ).
                                Article 2
         The information and inventions referred to in Article 1 shall be
the property of the Community .
                                                              ....... / ».
3511/ 73 e
 ---pagebreak---                                           - 3 -
                                         Article 3
               The Commission shall transmit this information as quickly as
    possible to the Member States as well as to persons and undertakings
    which pursue , on the territory of a Member State , a research or a pro­
    duction activity entitling them to access to such information , and
    whose interests coincide with those of the Community .
               To this end , the Commission shall implement a procedure to en­
    sure that such persons and undertakings conform with the criteria men­
. ticned above and that the confidential character of this information
    is respected .
                                      . Article k                -•
               Information which cannot be put to industrial use and the nature
    of which : does not warrant its limitation to the Member States nor to the
  ■ persons and undertakings referred to in Article 3j shall' be published by
  'the Commission . •     -
          ; ..                          Article 5 ■
               Patents shall be taken out by the Commission , in the name of the
    Community . Nevertheless , if an invention is the result of research or
    work done under contract , the contractor may be the owner of the patent
 - if he so desiresv The Community shall obtain a free and non-exclusive
   "licence urtd«Sr this patent with the right to grant sub-licences in the
    instances given ill Article 8 .
                                        Article 6
           • The Member States and those persons and undertakings which pursue
    a production activity ; on the territory of a - Member State , and whose in­
    terests coincide with those of the Community > shall be entitled to the
    granting ty the Commission of a licence , or j in the instances given in
    Article 8 to a non-exclusive sub-licence to use the inventions , whether
    patented or not .             , iy -                • •
  , 3511/73 e
 ---pagebreak---                                                       l
                                  - if -
           The licence or sub-licence shall be granted only if the appli­
 cant proves that he is able to manufacture effectively within the
 Community .
           The licence or sub-licence shall be granted on terms agreed
 between the applicant and the Commission . These terms shall relate
 more particularly to appropriate financial consideration .
                                Article 7
           The Commission shall publish ..nvi-u-t xcnr t : offers for the
 granting of licences or sub-licences in the Official Journal of the
 European Communities and in all other suitable ways , if it considers
 that the exploitation of an invention has become both possible and
 necessary .
           If these offers do not lead to applications for non-exclusive
 licences or sub-licences within six months from the publication in
 the Official Journal , the Commission may offer and grarit exclusive
 licences or sub-licences for a maximum period of five years . Exclusive
 sub-licences shall not be opposed to the contractor , author of the in­
 vention .
                                Article 8
           The contractor , author of an invention resulting from research
 or work entrusted " to him , shall be required to exploit the invention
"himself or have it exploited in the Community j : within a^reasonable
 period .
           The Commission may grant a sub-licence for the exploitation of
 this invention , in accordance with the conditions of Articles 6 and 7-
    - if the contractor does not fulfil his obligations to exploit it ;
    - if the market needs in the Community with respect to the invention
      are not satisfied ,
    - if the conditions of sale set by the contractor do not correspond
      to the interests of the Community .
                                                             . ........ / ..
 3511/73 e
 ---pagebreak---                                     - 5 -
                                Article 9
          The information and inventions to which this decision is
applicable , may be transferred or exchanged within the framework of
agreements or conventions with a third country or an international
organisation , in accordance with the conditions of Article 228 of the
Treaty establishing the European Economic Community .
                                Article 10
          When concluding the necessary contracts , the Commission shall
ensure compliance with the above provisions by including appropriate
clauses .
                              - O - O - 0 - O - O-
3511/ 73 e