This new model is similar to the Integrated Project Consortium Agreement (IPCA) developed by digitalEUROPE for the seventh framework programme. While this is not mandatory, we recommend referring to the CA structure and guidelines when developing a consortium agreement. As mentioned above, it is advisable to use experienced legal advisors in the preparation of this agreement. The DESCA proposal should only be presented as a means of structuring the agreement in a general way and taking into account the important aspects that need to be taken into account. The consortium agreement complements the Horizon 2020 award 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. Nevertheless, there is an important point to bear in mind: the preparation of an agreement on the Horizon 2020 consortium requires a significant investment of time, resources and resources for legal assistance.
If the project is not chosen by the European Commission for funding, such an allocation of money and time will essentially (and unfortunately) be wasted. Three Joint Technology Initiatives (ITCs) – Clean Sky 2, ECSEL and the Innovative Medicines Initiative (IMI) 2 – offer their own model consortium agreement for projects funded on their websites. These models are particularly attributable to the partially divergent provisions of the ITCs, for example. B regarding the intellectual property rights of IMI 2. There is a clear motivation to start drawing up the agreement as soon as possible. This may be the case during the preparatory phase of the proposal, when operational relations between partners are in place and tasks are assigned. It is a good practice to ensure that the project is well planned, including all legal aspects, before it is presented. This practice can help avoid unwanted conflicts between partners in the future. A consortium agreement is a binding contract signed between the partners of a Horizon 2020 cooperation project. The Horizon 2020 Agreement (Article 41.3) states that “recipients must make internal arrangements for their operation and coordination to ensure that the measures are properly implemented. These internal agreements must be established in a written “consortium agreement” between Horizon 2020 beneficiaries.
What do you need to know about this agreement and the process of implementing an agreement? Keep reading to learn more. Since the consortium agreement is in fact a commercial agreement, we recommend the services of a legal advisor competent to develop such agreements. The DESCA model is widespread among universities and research institutes. The DESCA initiative was launched by key players in the Horizon 2020 programme and was developed in collaboration with the IPC community and aims to reconcile the interests of all groups of participants: large and small businesses, universities, public research institutes and NGOs.
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