Art. 10y Contract on the Provision of Promotional Measures

(Art. 16f para. 1 and 28a para. 1 let. c RIPA)

1. Where the CTI approves an application for grants or other promotional measures, it shall enter into a contract with the applicants. The contract primarily regulates:

• the subject matter and extent of the promotional measure;
• the obligations of the applicants.

2. Where the CTI makes the provision of grants conditional on the research and implementation partners providing an agreement on intellectual property rights and rights of use, or where the research and the implementation partners provide the CTI with an agreement on such matters before the contract under paragraph 1 is concluded, this agreement must stipulate in particular:

• that the implementation partners in relation to goods and services based on the results of the supported project have the right to use and exploit the results of the project free of charge and hold the intellectual property rights;
• any rights to compensation;
• obligations of secrecy and publication rights.

3. In justified cases, the research and the implementation partners may agree on a provision that derogates from the requirements listed in paragraph 2 letter a. This may relate to the intellectual property rights, but not to the right of the implementation partners to use and exploit the results of the project free of charge.

4. The CTI must be notified of every patent application filed in connection with an ongoing project.

Together with the Agreement on Intellectual Property and Rights of Use, the CTI has to be provided with a copy of the Declaration on Intellectual Property and Rights of Use signed by all partners - in accordance with the Ordinance of 10 June 1985 on the Promotion of Research and Innovation (V-FIFG; SR 420.11) Art. 10y and the CTI fact sheet.