Galileo OS SIS ICD.indd - GSA - Europa

3.3 Subject to the foregoing, Licensee shall have the right to select distributors
and otherwise determine the commercial strategy, including all channels of
distribution, regarding the distribution and sale of the Licensed Product in the
Territory.
3.4 The Licensee shall be solely responsible for:
i) exercising his rights hereunder strictly in compliance with all laws and
regulations of each of the countries in which such exercise takes place;
ii) compliance with all Export Controls.
3.5 The Licensee shall continue to update the Development Plan for the whole
duration of the Agreement as per Annex E2 and provide the Commission with
information on its progress each year without requiring an amendment to the
Agreement. The European Commisison undertakes to keep the information
contained in the Development Plan confi dential and not to disclose it to any third
parties.
3.6 The Licensee shall mark all the Licensee Products with a clearly visible reference
"developed under a Licence of the European Union".
The Licensee shall also mark the Licensee Products with the relevant patent
or patent application numbers of the Patents to satisfy the laws of each of the
countries in which the Licensee Products are sold or supplied and in which they
are covered by a Valid Claim.
3.7 The Licensee shall swiftly and without delay inform the European Commission
in writing of any possible Development and Improvement made to the OS SIS
ICD IPRs.
Once informed, the European Commission shall assess whether such
Developments or Improvements are essential for the deployment and operation
of the infrastructure developed under the Galileo Programme and for OS Signal
provision and, in such case enter into negotiations with the Licensee in order to
obtain ownership of such Developments or Improvements in the name and on
behalf of the European Union on fair and reasonable commercial terms. Any
dispute around the terms and conditions for the above mentioned transfer of
ownership shall be settled in accordance with art.14.
The Licensee shall assist and provide the European Commission with all
necessary documentation and technical information for the sake of:
i) protecting the above mentioned Improvements and
ii) ensure their interoperability with other existing GNSS Systems.
3.8. Should the European Commission decide not to assume ownership of the
Improvements in question, the Licensee undertakes to make available to any
interested party all information related thereto, according to modalities defi ned
by the European Commission, for the sake of ensuring the interoperability of
such improvements with other existing GNSS Systems.
No disclosure to the public concerning such Developments or Improvements
shall take place without explicit consent from the Commission.
3.9 The Licensee shall furthermore grant to the European Commission, and to
the interested third parties, access to the Licensee Background, on fair and
reasonable commercial terms, when such access is needed for deployment and
198 © European Union 2010
Document subject to terms of use and disclaimers p. ii-iii
OD SIS ICD, Issue 1, February 2010