Continued regulation of IP-related issues is not mandatory, but is highly recommended for consortium partners. IP issues can be taken into account in the consortium agreement: the consortium agreement complements the Horizon 2020 grant agreement. While the grant agreement defines the binding legal relationship between the European Commission and the project partners, the consortium agreement defines and regulates the relationships between the partners themselves. Unlike the subsidy agreement (which is defined and cannot be amended), the Horizon 2020 consortium agreement is essentially a trade agreement between the partners. As such, it is flexible and can be adapted to the specific needs of the project and its partners. Remember — once the Horizon 2020 project is funded, a consortium partner will work together for a long time. That is why it is very important to have a binding agreement that takes into account the different expectations, requirements and circumstances that may arise. For more information and to read MCARD-2020, click here. Note: The costs of developing a consortium agreement are non-refundable, as the consortium agreement must be signed before the grant agreement is signed. However, the costs associated with updating the consortium agreement are eligible if they are incurred during the duration of the action. The consortium agreement reflects the reciprocal legal obligations of participants with respect to the use of research results. So what needs to be done to best meet the needs of the consortium members at an early stage, without spending the resources and time before there is more clarity in funding? In order to optimize the use of available time and resources, there is a good opportunity to develop this agreement, after the EC has indicated that the project will be chosen for funding and before the EC requests the signing of the grant agreement. This period is approximately three months, which is sufficient to prepare and conclude the consortium agreement.
Since the consortium agreement is in fact a commercial agreement, we recommend the services of a legal advisor competent to develop such agreements. If the consortium has decided not to sign its grant during the pre-grant phase, it can initiate the termination process through the IT tool for grant management. Look at the detailed screens and descriptions in the termination before signing the grant. Desca (Development of a Simplified Consortium Agreement) is the most popular of several Horizon 2020 consortium agreements. This is the result of a cooperation project supported by the EC. Its production is a consortium agreement of models that everyone can use as the basis of a specific consortium agreement for a given project.