SIPI61508

Safety in the Process Industries

Guiding Principles to the Implementation of IEC-61508

SIPI-61508: Intellectual Property Rights Statement

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CONSORTIUM AGREEMENT

1. OPENNESS
In general, all information provided by partners and participants to other participants will be assumed to be freely available for public disclosure unless indicated otherwise.

2. NO RIGHTS CONFERRED
Ownership of and the rights in relation to information remain with the party who first disclosed it. Neither this agreement, nor the exchange of any information subject to the terms of this agreement, confers any rights upon recipients.

3. CONFIDENTIALITY
Should participants wish to restrict communication of information, they will clearly indicate the nature of the restriction on the front page of any document, or in a supplementary note. If such restriction is required, then the remaining terms of this agreement will apply, unless a separate specific agreement is made between participants.

4. SCOPE OF CONFIDENTIAL INFORMATION
The confidential information subject to this agreement is that which is provided by participants of the project to support the achievement of the project objectives and that which may be developed by the project partners during the period of the project. The specific restriction on communication of such information will be indicated explicitly in accordance with term 3 above. For the purpose of this agreement, the term 'confidential information' shall include any information in the form of description, drawings, formulas, data, computation, processes, operation, reports, specifications, models, and samples - regardless of how communicated or recorded. 5. OBLIGATION OF CONFIDENCE
The participants in the project agree that all confidential information received by them from the other participants is confidential and proprietary and will be kept as such. They shall take such steps as are necessary to ensure that their agents, officers, employees, contractors and consultants are similarly bound.

6. USE AND RESTRICTIONS ON USE
The recipients of any confidential information shall use it in confidence solely for the purposes of contributing to the project objectives.

7. EXCEPTIONS
The obligations of confidentiality shall not apply to any confidential information which is already known to the receiving member prior to its communication by or through the disclosing participant; which is disclosed in published literature; or which is otherwise generally available to industry or the public. The obligation will cease if through no fault or omission on a participant’s part, such information should become disclosed in published literature or otherwise generally available to the industry or the public.

8. RETURN OF CONFIDENTIAL INFORMATION
Within 30 days of receiving a written request by the disclosing party, recipients shall return all copies of the confidential information, including extracts or other materials derived from it that contain confidential information, to the disclosing party and delete or destroy any electronic copies of it. 9. DURATION This agreement shall terminate five years from the provision of any particular item of confidential information.

 

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