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Standard "Sharing and Re-using" clauses for contracts

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This document proposes common "standard" clauses for contracts, which public administrations could use when procuring services. Clauses could be useful and are developed both for contracts related to the :

  • development of new IT tools that may be re-used and/or shared later,
  • re-use of already available IT tools possibly through customization.

After an introduction to its context and goals in Section 1, the document presents in Section 2 an introduction to sharing and re-use of public software. Section 3 presents standard clauses for sharing and reuse meeting the following distribution requirements:

  • The right to redistribute its own software (when written by or exclusively for the authority)
  • Reusing third parties’ IPR assets (integrating “received” open source software in the public authority solution)
  • Reusing and distributing the documentation (and other “non-software” knowledge elements)
  • “No Vendor Lock-in” clause: how to stay free to adopt a new solution and to contract with another provider.

This document is produced in the scope of  ISA Action 4.2.5. “Sharing and re-use Strategy”. The aim of this ISA action is to develop a holistic approach to sharing and reuse across border and sectors with a view to helping public administrations all over Europe to share and reuse solutions related to public services delivery in an efficient and effective way.

Information

Publication date:
23 January 2013
Publisher:
Clémentine VALAYER
Nature of documentation:
Independent reports and studies
License of document:
Creative Commons ShareAlike (copyleft)
Geographic coverage:
Europe, European Union
Themes:
European Communities, Law, Economics, Business and Competition, Production, Technology and Research, Technology and Technical Regulations, Trade
Keywords:
contract clauses, Procurement of services
Author: