Contract number: ECHA/2019/355  FWC conditions of October 2018 
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entities working for it or cooperating with it, including contractors and subcontractors, 
whether legal or natural persons , but only for the purpose of their mission for the 
contracting authority;  
(b) if the result is a "document" such as a report or a study, and it is meant to be published, 
the existence of pre-existing materials in the result may not prevent the publication of the 
document, its translation or its "reuse", it being understood however that the "reuse" may 
only be made of the result as a whole and not of the pre-existing materials taken separately 
from the result; for the sake of this provision, "reuse" and "document" have the meaning 
given by the Commission Decision of 12 December 2011 on the reuse of Commission 
documents (2011/833/EU). 
All pre-existing rights are licensed to the contracting authority from the moment the results 
are delivered and approved by the contracting authority.  
The licensing of pre-existing rights to the contracting authority under this FWC covers all 
territories worldwide and is valid for the duration of intellectual property rights protection. 
The payment of the price as set out in the specific contracts is deemed to also include any 
fees payable to the contractor in relation to the licensing of pre-existing rights to the 
contracting authority, including for all forms of exploitation and of use of the results. 
Where implementation of the FWC requires that the contractor uses pre-existing materials 
belonging to the contracting authority, the contracting  authority may request that the 
contractor signs an adequate licence agreement. Such use by the contractor will not entail 
any transfer of rights to the contractor and is limited to the needs of this FWC. 
II.13.3. Exclusive rights  
The Contracting Authority acquires the following exclusive rights:  
(a) reproduction: the right to authorise or prohibit direct or indirect, temporary or 
permanent reproduction of the results by any means (mechanical, digital or other) and 
in any form, in whole or in part;  
(b) communication to the public: the exclusive right to authorise or prohibit any display, 
performance or communication to the public, by wire or wireless means, including the 
making available to the public of the results in such a way that members of the public 
may access them from a place and at a time individually chosen by them; this also 
includes the communication on Internet and broadcasting by cable or by satellite; 
(c) distribution: the exclusive right to authorise or prohibit any form of distribution of 
results or copies of the results to the public, by sale or otherwise; 
(d) rental: the exclusive right to authorise or prohibit rental or lending of the results or of 
copies of the results; 
(e) adaptation: the exclusive right to authorise or prohibit any modification of the results;  
(f) translation: the exclusive right to authorise or prohibit any translation, adaptation, 
arrangement, creation of derivative works based on the results, and any other 
alteration of the results, subject to the respect of moral rights of auth ors, where 
applicable; 
(g) where the results are or include a database: the exclusive right to authorise or prohibit 
the extraction of all or a substantial part of the contents of the database to another 
medium by any means or in any form; and the exclusive right to authorise or prohibit 
the re-utilization of all or a substantial part of the contents of the database by the 
distribution of copies, by renting, by on-line or other forms of transmission; 
(h) where the results are or include a patentable subject-matter: the right to register them 
as a patent and to further exploit such patent to the fullest extent;