General Conditions of Contract

14. Patents, Rights and Royalties  

14.1

The Contractor shall not in connection with the Contract use, manufacture, supply or deliver any process, article, matter or thing, the use, manufacture, supply or delivery of which would be an infringement of any patent, or patent rights and the Contractor shall indemnify the Council from all proceedings, damages, costs, charges, professional expenses, loss and liability which the Council may sustain, incur or be put to by reason or in consequence directly or indirectly of any breach of this provision (whether wilful or inadvertent) and against the payment of any royalties or other monies which the Council may have to make to any person or body entitled to patent rights in respect of any process, article, matter or thing used, manufactured, supplied or delivered by the Contractor in connection with this Contract.

14.2   

Subject to any prior rights and to the rights of third parties, copyright and every other property right in all reports, documents and things produced under the Contract shall be vested as to copyright in the Council, and the Contractor warrants to the Council that all staff are and will be engaged in relation to the Contract on terms which do not entitle any of them to copyright or any other such right in any such report, document or thing. The Contractor hereby assigns copyright in every such report, document and thing to the Council for the full period of copyright therein and all renewals and extensions and agrees that each shall carry a copyright legend in the following form: "(C) Copyright 20 .." "Applications for reproduction should be made to Thanet District Council". All moral rights relating to the work under the Contract are hereby waived by the Contractor.

14.3   

Any information collected pursuant to the Contract (excluding any information which in the opinion of the Council is confidential to the Contractor or which has been communicated to the Contractor under a condition that it shall be confidential to the Contractor) shall be the property of the Council, and all original documents in whatever form which contain that information, including any computer tape or disk, any voice recording and any special computer program written to give access to the information, shall on request be deposited with the Council.

14.4  

Nothing in the Contract or done under the Contract shall be taken to diminish any Council copyright, patent rights or rights to any other intellectual or industrial property which would apart from this Contract vest in the Council.

14.5   

Without prejudice to the generality of the foregoing, there shall be vested in the Council all copyright, patent rights and rights to other intellectual or industrial property in or over any information, specification, plan, drawing, pattern, sample or other thing supplied by the Council, to the Contractor in relation to the Contract or in or over anything made or derived from or arising out of any such information, specification, plan, drawing, sample or other thing.

14.6  

Any right of use in or over property (including any copyright or licence to use copyright material and also including intellectual property rights of all kinds) which is acquired by the Contractor or by his staff pursuant to, or for the purposes of the Contract, and whether acquired by transfer, assignment, licence, sublicence, grant or by any other means whatsoever, and the costs of acquisition which are to be reimbursed to the Contractor by the Council, shall be acquired by the Contractor upon terms which shall enable the Contractor upon request by the Council to perform at the Contractor's expense all acts and to execute all documents necessary to vest such rights of use in the Council to the full extent enjoyed by the Contractor without need for any or other permission, authorisation or consent.

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Procurement

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