IP Policy

All information posted by users will be excelusively property of them. Please, check particular IP conditions for challeges.

 

The copyright for any material created by the author is reserved. In any case, all material published on these pages is protected by the applicable law and all related rights are reserved to eOpenFunding Servicios de Gestión de la Innnovación, SL. Any duplication or use of objects such as diagrams, sounds, videos, animations or texts in other electronic or printed publications is not permitted without eOpenFunding Servicios de Gestión de la Innnovación, SL.’s prior explicit consent.

 

IP Policy for Challenges

1. IP POLICY

1.1 DEFINITIONS

  • The Challenger: Company which has previously accepted the terms of use of the website www.innorealize.com and has published a challenge.
  • The solver: Any user of the www.innorealize.com that has been previously accepted the terms of use and has submitted any information in response of a challenger’s requests.
  • Proposed solution: Any information submitted by a solver in response of a Challenge published in www.innorealize.com by a Challenger and approved by eOpenFunding Servicios de Gestión de la Innnovación SL
  • Selected solution: Any information submitted by a solver in response of a Challenge published in www.innorealize.com that has been chosen by a Challenger with the aim of use that information for its futher developments or with exploitation interests.

1.2 PURPOSE

The IP policy set forth here is intended to define the Intellectual Property rules that apply to the challenges published on the innorealize web site, included those posted through the innovation areas.

1.3 SCOPE

This policy applies both to solvers and companies that use the tech transfer services included in www.innorealize.com

1.4 WHO SETS UP THE IP CONDITIONS OF EACH CHALLENGES

Companies are deemed to establish their own IP conditions in each challenge published in www.innorealize.com. To meet that propose, the company will find in the company area a tool that allows it to describe the IP conditions of each challenge. There is also the possibility to upload a document with the IP rules to be set forth the challenge.

All IP rules set forth for the companies will remain in case of controversial with any of the clauses included in both the ideation challenges specific agreement and the pre-competitive specific agreements.

The rules included by the company in the challenge will be binding for all solvers that may submit solutions to the challenge. All solvers need to explicitly accept the challenges conditions before they are allow to submit a solution.

1.5 IP RULES IN CASE THAT THE COMPANY DOES NOT SET UP ANY CONDITIONS

Unless the company explicitly establishes its own conditions on the IP rules as explained in 1.3., eOpenFunding Servicios de la Innovación, SL informs the companies and solvers that the IP rules will be the following:

1.5.1 For ideation challenges

For those ideation challenges where no IP rules were set up, the Solvers that submitted the selected solutions are entitled to grant the Challenger a:

  • royalty-free,
  • perpetual and
  • non-exclusive license to use any information included in the solution

Despite the above, the mentioned license will not enter into force until the Solver/s receives its/their award.

All solvers who have submitted non selected solutions, will retain any IP rights that may be linked to the proposed solution.

ALL INTELLECTUAL PROPERTY RIGHTS, IF ANY, IN THE IDEA OR CONCEPT DEMONSTRATED BY THE SELECTED SOLUTION WILL REMAIN WITH THE SOLVER. BY SUBMITTING A SELECTED SOLUTION TO THIS CHALLENGE, EACH SOLVER AGREES TO GRANT TO THE CHALLENGER A ROYALTY FREE, NON-EXCLUSIVE LICENSE IN RESPECT OF ALL SUCH INTELLECTUAL PROPERTY RIGHTS, IF ANY, FOR THE PURPOSES OF COMMERCIAL EXPLOITATION OF THE IDEA OR CONCEPT DEMONSTRATED BY THE PROPOSED SOLUTION. NOTWITHSTANDING GRANTING THE CHALLENGER A PERPETUAL, NON-EXCLUSIVE LICENSE FOR THE SELECTED SOLUTION, THE SOLVER RETAINS OWNERSHIP OF THE SELECTED SOLUTION.

1.5.2 For pre-competitive challenges

For those pre-competitive challenges where no IP rules were set up, the Solvers that submitted the selected solutions are entitled to:

  • transfer to the challenger their exclusive Intellectual Property (IP) rights to the solution.
  • If exclusive IP cannot be transferred by the Solver., the Challenger will be willing to consider a licensing agreement for a partial award

Despite the above, the mentioned license will not enter into force until the Solver/s receives its/their award.

For those solutions not chosen by the Challenger, all IP rights will belong to the solvers. The company will not be allowed to use any information of those solutions without a written confirmation from the Solver.

2. AWARD POLICY

2.1 PURPOSE

The award policy set forth here is intended to define the rules that apply to the prizes associated to the challenges published on the innorealize web site, included those posted through the innovation areas.

2.2 SCOPE

This policy applies to all solvers that have submitted a solution through www.innorealize.com which has been selected by the challenger.

2.3 WHO MAY SUBMIT SOLUTIONS

eOpenFunding Servicios Gestión de la Innnovación, SL welcomes proposals on behalf of all qualified scientists, engineers and educators that previously have been registered as a solvers in www.innorealize.com website. Organizations like public research centers, nonprofit research organizations or companies are also allow to submit proposals.

All solvers are deemed to be above the legal age and to comply with all legal requirements in their countries that allow them to conclude binding agreements and must also hold the legal representation of their organizations, if any.

eOpenFunding Servicios Gestión de la Innnovación, SL shall not be liable in the case that the solver does not comply with the above.

Before any submission the solvers shall accept the challenge agreement rules set forth. The website will allow the solver/s to do so.

2.4 PRIZES & AWARDS

The prizes & Awards are established by the challenger in order to receive, collect and select the one/s most suitable for its purposes. The currency that will be used is the one chosen by the challenger.

The total amount of each prizes shall be decided by the challenger and shall not be modified once it is published on www.innorealize.com.

The prizes " Awards will be granted to the solver/s that comply with the following:

  • have submitted the solution/s chosen by the challenger
  • have accepted the IP rules set forth the challenge
  • have completed all the information required by eOpenFunding Servicios Gestión de la Innnovación, SL
  • have agreed with the terms of use of the website and have signed the challenge agreement before submission

2.5 FINANCIAL CONDITIONS

The total amount described in each challenge shall include the fees included in the service provide by eOpenFunding Servicios Gestión de la Innnovación, SL. See our Prices Policy and the Terms of Use.

Furthermore, the solver should be aware and explicitly allows eOpenFunding Servicios Gestión de la Innnovación, SL to retain all amounts in order to comply with the taxes regulation that apply in each country.

The solver/s are deemed to be aware that the Prizes & Awards must comply with the tax regulation in force both in Spain and the countries where they are considered residents for legal purposes.

The amount that shall be retained for those who are considered Spanish residents under the current legislation will be up to 21% of the amount set up by the challenger. For those not considered Spanish residents allows eOpenFunding Servicios Gestión de la Innnovación, SL will take into consideration the bilateral agreement between Spain and the country where the solver/s are resident for fiscal purposes.

eOpenFunding Servicios Gestión de la Innnovación, SL shall updated the tax to be applied according to the law in forcé in each country.

2.6 EXAMPLE

A challenge released with a total award amount of 1.000 € received a suitable solution chosen by a solver resident in Spain for fiscal purposes. In this case, the funds to be transferred to the solver/s will be calculated as follows:

Award amount Award amount once the applicable fee is set aside Award amount once the taxes are set aside Total funds to be transferred
1.000€ 801€ 
(99€ + 10% success fee)
632€ 
(801-21% applicable tax)
632€

2.7 PAYMENT

Once all requirements set forth to be an eligible awarded solver are met, eOpenFunding Servicios Gestión de la Innnovación, SL shall transferred the net amount to the solver/s, according to the following rules:

  • eOpenfunding Servicios Gestión de la Innnovación, SL shall ensure that the solver/s comply with all the terms of use and the rules set forth in the challenge within the following 6 days since the solution has been chosen by the challenger.
  • In the case that the solver/s do not comply with the above, eOpenfunding Servicios Gestión de la Innnovación, SL may ask the solver/s to solve the issues that might have been arisen.
  • eOpenFunding Servicios Gestión de la Innnovación, SL shall send a detailed liquidation of the net amount that will be transferred to the solvers. This explanation will include the amounts set aside in order to comply with the tax regulations and the fees of the service.
  • The solver/s will be able to submit any allegation that they might have with the liquidation within ten (10) working days since the liquidation has been sent. eOpenFunding Servicios Gestión de la Innnovación, SL is deemed to answer the solver/s’ question within five (5) working days since the complaints that might have been arisen, are received.
  • Once the liquidation is agreed, eOpenfunding shall transfer the funds within twenty five (25) working days since the deadline set forth above is finished.

2.8 ACCEPTANCE

The use of the www.innorealize.com website and the submission of solutions implies that the solver/s agree with the terms and conditions set forth in this policy.