Continued regulation of IP-related issues is not mandatory, but is highly recommended for consortium partners. The following IP questions can be taken into account in the consortium agreement: what needs to be done to best meet the needs of consortium members at an early stage, without spending the resources and time before funding is no longer clear? Please use the My Projects website of the promotion and tender portal to prepare your grant by entering the necessary data and signing your online grant contract. This data will also be available in PDF format. 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. In accordance with Article 41.3 of the model grant agreement, a consortium agreement must be signed between the beneficiaries, unless the work programme specifies that this is not necessary. In other words, if the beneficiaries are not otherwise indicated, they must have an internal operating and coordination mechanism to ensure that the action is properly implemented (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. 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. 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. 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. In principle, the agreement may contain all the agreements that the partners wish to conclude, provided they do not contra in the subsidy agreement and the Horizon 2020 participation rules. The grant agreement is a contract between the consortium (all its partners) and the European Commission, while the consortium agreement is an internal agreement between the consortium partners – it regulates all matters that are not covered by the grant agreement, but which are important to the internal functioning of the consortium. B (e.g., work organization, structure, intellectual property management, accountability, conflict resolution, future exploitation and dissemination of results, etc.).
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. The DesCA model consortium agreement is available for free download. 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.