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One year after the first version of DESCA was released, the DESCA team published the new Version Number 2.

This version aims to be simpler and more coherent. It is based on the experience made from Version 1 and on the feedback from many users. 

You will find Version 2 below including new examples. Should you still be interested in Version 1 please do not hesitate to visit the DESCA Archive.


DESCA Version 2 Released

DESCA Version 2 is now available. This version replaces the previous Version 1.

DESCA Version 2 as was Version 1 is designed to be used for FP7 Collaborative Projects.

DESCA aims to provide, as far as possible, a single text which balances the interests of all types of project participant. However, DESCA recognises that different projects will have different needs and that the views of partners on some issues may also differ. To accommodate such differences, DESCA Version 2 offers:

  • alternative modules for large projects and small projects
  • an optional module for projects with a strong software focus
  • optional clauses in the IPR section.

We have prepared examples illustrating the major alternatives and options, which we present below.


How to Use the Options and Modules

We recommend that you proceed as follows:

  • Download and read carefully the DESCA Core Text 
  • Decide whether your are a Large Project or a Small Project
    • Large projects tend to need a more complex governance structure, and the DESCA Large Project module allows for a General Assembly of all project participants plus additional governing bodies
    • The DESCA Small Project module provides only for a General Assembly of all project participants
  • The IPR section of the core text offers variants in some clauses and these are grouped together in two Options. One of the main differences between the two options concerns access rights to foreground for use:
    • Option 1 provides for "fair and reasonable conditions"
    • Option 2 provides for "royalty-free access"

The individual members of the consortium will of course have to negotiate about any different preferences they may have.

NB: DESCA recommends NOT to mix Option 1 and Option 2 variants, as this may lead to inconsistencies.

  • If your project has a strong software focus, review and decide whether you want the proposed Special Clauses for Software (which provide more detailed provisions relating to sub-licensing rights, open source code, etc.)

Four Illustrative Examples

The following are examples of DESCA adapted to the needs of different types of projects. Please pay attention that these are the Examples of Version 2!

·        Example 1 = "small project", "fair and reasonable conditions"  
         Word File
·        Example 2 = "small project", "royalty-free access" 
         Word File

·        Example 3 = "large project", "fair and reasonable conditions"
         Word File

·        Example 4 = "large project", "royalty-free access"
         Word File


Fine-tuning

DESCA aims to be user-friendly. To this end, the standard DESCA texts focus on a “mainstream” project and do not attempt to take account of all alternatives for a given situation. Moreover, the DESCA wording aims to be accessible and easy to understand for both lawyers and scientists.

Having chosen the DESCA example which best corresponds to your type of project, it remains to fine-tune the text to the specific needs of your project and consortium.

Remember that fine-tuning may require careful consideration of critical issues and that you may need to refer to the policy of your organization. You may wish to seek expert advice on certain matters.