Framework System for acquiring rights

The Ministry of Defense applies to its development contracts the measures provided for in the General Administrative Terms and Conditions applicable to public markets.

Its markets refer, depending on the nature of the work in question, either to the terms and conditions applicable to industrial markets (CCAG-MI), particularly chapter VII, or to those terms and conditions applicable to markets for intellectual services (CCAG-PI), Option C, which is analogous to Chapter VII of the CCAG-MI. Option A, which mainly concerns controlled use, is only applicable in specific cases.

This system grants a certain number of rights to the public corporation while encouraging the manufacturer awardee to capitalize on the results for his own profit. Whichever CCAG and option are used, the Ministry of Defense’s practice is not to claim property rights in the results of research or the intellectual property rights that could arise from marketing that research. While it is the awardee’s responsibility alone to decide on the protection of information by registering a patent application, for example, the Ministry of Defense can, nevertheless, undertake or pursue in its own name a procedure that the awardee might wish to abandon.

This system is supplemented by Common Particular Administrative Terms and Conditions (Cahier des Clauses Administratives Particulières Communes) applicable to the industrial or intellectual service markets of the Délégation générale pour l’armement (DGA).

This is, mutatis mutandis, the same system that is applied within certain particular contexts: “LoI (Letter of Intent) developments”, “contracts outside the Code”.

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