Public Procurement ActCommission proposal · COM(2026) 590 final · 2026/0265 (COD)
EN

Article 63Granting licences

1.The economic operator shall grant to the public buyer appropriate, sufficient and non-exclusive licences to the extent and for the period necessary to enable it to use, receive, operate, maintain or otherwise benefit from the services, deliverables or other contractual outputs provided in the performance of the public contract. The licences referred to in the first subparagraph shall cover both the following rights:

(a)any pre-existing intellectual property rights owned by, or licensed to, the economic operator;

(b)any intellectual property rights arising in the performance of the public contract.

2.Licences pursuant to paragraph 1 shall permit the public buyer, either directly or through contractors or service providers acting on its behalf, to use, reproduce, execute, display, adapt, configure, integrate, maintain, repair, support, upgrade and otherwise exploit such rights and the related deliverables to the extent necessary to ensure the continued use of the supplies, services or works for their intended purpose and the proper performance of the public contract.

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