Watering down Open Access in EU (latest compromise)

Bold print are latest changes proposed in text. Final vote on November 28th in Industry Committee.

Pressure on MEPs is necessary.

 

Proposal for a regulation

Article 40

Protection of results

Text proposed by the Commission

Amendment

1. Each participant that has received Union funding shall use its best efforts to exploit the results it owns in further research or commercially, or to have them exploited by another legal entity for these purposes, in particular through transfer and licensing of results in accordance with Article 41.

1. Each participant that has received Union funding shall use its best efforts to exploit the results it owns, or to have them exploited by another legal entity, in particular through transfer and licensing of results in accordance with Article 41.

Additional exploitation obligations may be laid down in the grant agreement. Any such additional obligations shall be indicated in the work programme or work plan.

Additional exploitation obligations may be laid down in the grant agreement. Any such additional obligations shall be indicated in the work programme or work plan.

2. Subject to any restrictions due to the protection of intellectual property, security rules or legitimate commercial interests, each participant shall through appropriate means disseminate the results it owns as soon as possible. The grant agreement may lay down time-limits in this respect.

2. Subject to any restrictions due to the protection of intellectual property, security rules or legitimate commercial interests, each participant shall through appropriate means disseminate the results it owns as soon as possible. The grant agreement may lay down time-limits in this respect.

Additional dissemination obligations may be laid down in the grant agreement.

Additional dissemination obligations may be laid down in the grant agreement. Any such additional obligations shall be indicated in the work programme or work plan.

With regard to dissemination through research publications, open access shall apply under the terms and conditions laid down in the grant agreement.

With regard to dissemination of other results, including research data, the grant agreement may lay down the terms and conditions under which open access to such results shall be provided, in particular in ERC frontier research or in other appropriate areas.

With regard to dissemination through research publications, open access shall be mandatory and apply under the terms and conditions laid down in the grant agreement.

Open access to research publications that result from research funded under Horizon 2020, non-regarding whether they are published during or after the duration of a project, shall be eligible for reimbursement.

With regard to dissemination of research data, the grant agreement may, in the context of open access to and preservation of research data, lay down the terms and conditions under which open access to such results shall be provided, in particular in ERC frontier research or in other areas of major societal interest, taking into account the legitimate interests of the participants and all constraints pertaining to privacy, national security or intellectual property rights.

The work programme or the work plan shall indicate if dissemination of research data through open access is required.