Operating Rules «The lasting prosperity of nations is the result of Science and its many applications in the promotion of life and material interests» (S. Ramón y Cajal) I.- cReaTic Fundamentals - cReaTic represents, above all, a firm commitment to creativity and technology innovation as the driving force behind social and economic progress.
- cReaTic is an innovation engine and a technology laboratory whose main mission is to promote the development, funding and business application of Ground-breaking Ideas, serving as a meeting ground between researchers, inventors, companies and technology centres.
- cReaTic is an original idea and a project of the CTIC Foundation which has been developed in collaboration with LABoral Art and the Industrial Creation Centre Foundation.
- The CTIC Foundation (Information and Communication Technology Centre) is a non-profit organisation whose goal is to promote the development of information society and information and communication technologies.
- cReaTic’s main objective is to search for Ground-breaking Ideas and to attract companies interested in their application by working out agreed formulas and fostering understanding scenarios between them so that they can negotiate and adjust their respective interests.
- At the same time, cReaTic also serves as a technology and innovation forum aimed at providing inventors, researchers, companies and centres with an appropriate framework for the joint development of new ideas, as well as at actively collaborating with them in the design and carrying out of innovative projects and the practical application of their results.
- Also, one of the roles of cReaTic is to provide specialised advice to its members in the different phases and processes of the innovative activity by facilitating development and execution processes, avoiding difficult situations as much as possible and working out formulas to resolve those which may arise.
- The CTIC Foundation will ensure the compliance with the law and the recognition of the legitimate rights and interests of those involved in cReaTic’s operation process.
- The CTIC Foundation will take all available measures to defend and preserve the ownership of the ideas submitted to cReaTic and to protect the legitimate rights of all stakeholders involved in the processes of invention, adaptation and exploitation of those ideas.
- The CTIC Foundation will ensure the confidentiality of data and documents related to the Ground-breaking Ideas being submitted as well as of technology developments within the framework of cReaTic.
- CTIC Foundation shall not be held accountable for the infractions that may be committed by inventors, researchers, companies and technology centres participating in any of the different processes of cReaTic, although CTIC Foundation will provide all its support and collaboration to the legitimate owners of the ideas against those who may have misappropriated their rights.
- Personal data protection:
- All personal data to which the CTIC Foundation gains access due to the carrying out of their activities in cReaTic will be included in a file and be used solely for the purpose of facilitating and enabling the smooth running of cReaTic Creativity and Technology Research Laboratory.
- The owner of these data is entitled to exercise his/her right to access, rectify and cancel his/her data as well as to oppose to its use according to the Law by applying in writing to the following email address:
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- Your participation in cReaTic implies the acceptance of the present clause and the express consent to the individualised disclosure of your personal data by the CTIC Foundation to the Companies, Technology Centres and Researchers participating in cReaTic.
II.- The concept of a «Ground-breaking Idea» - cReaTic looks for Ground-breaking Ideas in the knowledge society that are susceptible of business application and related to the fields of computer science and new information and communication technologies (ICT).
- A “Ground-breaking” Idea means an “original” idea.
- An idea is original when it is not included in the state of the art. An idea is considered not to be included in the state of the art when it has not been spread in Spain in the form of a written or oral description, in an application or in any other channel.
- Likewise, the innovative nature of those ideas protected in Spain by an intellectual or industrial property title will also be recognised as long as they have not been the object of a business application yet and its submission to cReaTic does not violate the rights of a third party.
- An idea will be susceptible of business application or exploitation when its use is considered to may bring business opportunities.
- The ideas to be developed in cReaTic shall be placed within, at least, one of the following theme areas or lines of activity of the System:
- Cutting-edge Web Interfaces.
- Mobility and Device Independence.
- Semantic Technologies.
- 4U (Universal or accessible for all, User-centred, Usable or easy to use and Useful).
- CTIC Foundation reserves the right to accept Ground-breaking Ideas in cReaTic related to other ICT fields which may be considered of special interest for the sector due to their inventive significance.
- Those ideas that are already included in the state of the art or whose ownership belongs to a third party different from the applicant will under no circumstances be developed in cReaTic.
III.- cReaTic’s search of Ground-breaking Ideas - Process of selection of ideas submitted by their Inventor or proprietor:
- The submission of Ground-breaking Ideas for their inclusion in cReaTic shall be carried out by the proprietor of the idea by applying in writing to the CTIC Foundation.
- That communication shall be accompanied by a brief technical description of the idea, a statement confirming that the idea is original and that it belongs to the applicant, and a declaration stating that its introduction in cReaTic does not involve any act of disclosure of trade secrets nor violate other people's rights, expressly releasing CTIC Foundation from the responsibility of those acts.
- In view of this first communication, the Committee of Experts appointed by the CTIC Foundation for this purpose will check that the Ground-breaking Idea fulfils all the necessary requirements for its introduction in cReaTic. Immediately afterwards, the Ground-breaking Idea will be provisionally rejected or accepted into cReaTic.
- Once the Ground-breaking Idea is provisionally accepted, the applicant shall apply for his/her final incorporation into cReaTic and shall send a report or technical description of the idea to the CTIC Foundation (with enough information that it can be understood and developed by a subject matter expert) specifying its innovative content as well as the advantages of its business application.
- Once the second application is received, the Committee of Experts will study the content of the submitted Ground-breaking Idea and its compliance with the necessary requirements. Lastly, it will be decided whether to accept or reject the Ground-breaking Idea into cReaTic and the decision will be communicated to the applicant immediately after.
- If the idea is accepted, the applicant who has submitted the Ground-breaking Idea will be summoned in order to sign the Collaboration Agreement with the CTIC Foundation regarding the conditions of his/her incorporation to cReaTic.
- Process of selection of ideas submitted by Companies participating in cReaTic:
- The Companies participating in cReaTic can also take the initiative and suggest the development of certain Ground-breaking Ideas within the framework of cReaTic to the CTIC Foundation.
- The Company’s proposal shall be accompanied by an express statement confirming that the Ground-breaking Idea is original and that it belongs to the Company, as well as a declaration stating that its introduction in cReaTic does not involve any act of disclosure of trade secrets nor violate other people's rights, expressly releasing CTIC Foundation from the responsibility of those acts.
- The CTIC Foundation will sign a Technology Collaboration Agreement with the Participating Company for the development of the proposed Ground-breaking Idea.
- Once the CTIC Foundation signs the Collaboration Agreement with the Inventor or proprietor of the Ground-breaking Idea or the Technology Collaboration Agreement with the Proposing Company, the innovative idea will be included in cReaTic’s Record of Ideas.
- The inclusion of an idea in cReaTic will be carried out without prejudice to third parties and without any guarantee on the part of cReaTic as far as its application is concerned.
IV.- cReaTic’s promotion of Ground-breaking Ideas - Collaboration Agreement between the CTIC Foundation and the Inventor o proprietor of cReaTic’s Ground-breaking Idea:
- The CTIC Foundation commits itself to promote the development and application of the Ground-breaking Idea in the framework of cReaTic among the Companies that may be interested in its development and application in the market.
- The CTIC Foundation will advise the Inventor o proprietor of the Ground-breaking Idea throughout these processes.
- The Inventor or proprietor of the Ground-breaking Idea shall authorise CTIC Foundation to proceed with the controlled diffusion of the idea within the framework and with the confidentiality guarantees of cReaTic.
- The Inventor or proprietor of the Ground-breaking Idea commits him/herself to keep it within cReaTic and not to withdrawing it in two (2) years time. In exceptional cases, the CTIC Foundation may authorise the releasing of a cReaTic’s Ground-breaking Idea in a shorter time.
- The CTIC Foundation shall have the right to receive a consideration in respect of its services as far as those services have been useful to the Inventor or proprietor of the Ground-breaking Idea. The remuneration received by the CTIC Foundation shall usually consist of a percentage of the sum invested by the Company in the development of cReaTic’s Ground-breaking Idea or in exchange of its rights of exploitation.
- The Inventor or proprietor of the Ground-breaking Idea is obliged not to hold any kind of negotiation, be it direct or indirect, personally or by using an intermediary, with the Companies participating in cReaTic without the knowledge and express authorisation of the CTIC Foundation.
- The failure to comply with this exclusivity commitment shall entail the imposition of a compensation fee.
- The CTIC Foundation shall not be held liable from the infringement of the rights entitled by the Inventor or proprietor of the Ground-breaking Idea by the Company.
- The Inventor or proprietor of the Ground-breaking Idea shall assume the risk that the Companies participating in cReaTic may break their commitments of confidentiality and violate the exclusive rights they may have over the idea.
- In case this occurs, the CTIC Foundation will provide the Inventor or proprietor of the Ground-breaking Idea with all the available documentation in order to prove the infraction committed by the offending Company.
- CTIC Foundation commits itself to keep the Inventor or proprietor of the Ground-breaking Idea informed of the professional contacts it establishes in the framework of cReaTic to promote the development and exploitation of his/her Ground-breaking Idea.
- CTIC Foundation will urge the Inventor or proprietor of the Ground-breaking Idea to apply for the corresponding intellectual or industrial property title in order to defend his/her interests when it is considered advisable for his/her protection.
- Technology Collaboration Agreement between the Participating Company and the CTIC Foundation:
- The CTIC Foundation commits itself to collaborate with the Company in the technology development of the proposed Ground-breaking Idea and to provide the Researchers to carry it out.
- The Proposing Company shall provide the CTIC Foundation with a report or technical description of the Ground-breaking Idea specifying its innovative elements and with enough information that it can be understood and developed by a subject matter expert.
- The CTIC Foundation shall be expressly authorised to proceed with the controlled diffusion of the Ground-breaking Idea within the framework and with the confidentiality guarantees of cReaTic.
- Selection of Researchers:
- The level of qualification and knowledge required for the Researcher or Researchers to be taking care of the Ground-breaking Idea development will be established in the Agreement.
- The CTIC Foundation will set cReaTic’s mechanisms in motion for the search for Researchers and will carry out the preliminary selection of same according to the requirements established for each case.
- The CTIC Foundation will inform the Company about the identity and curriculum vitae of the Researchers who have been preselected for the development of the Ground-breaking Idea.
- The Company will be able to request the replacement of the applicants preselected by the CTIC Foundation when it considers that their profile is not appropriate for the development of the Ground-breaking Idea.
- The CTIC Foundation will manage the hiring, directly or through a third party, of the Researchers in charge of developing the Ground-breaking Idea proposed by the Company within the framework of cReaTic.
- The CTIC Foundation will provide Researchers with the necessary infrastructure and technical resources for the development of their task by offering a place of work for them within cReaTic and providing them with access to their laboratories.
- The Proposing Company shall pay a consideration to the CTIC Foundation in respect of its technology collaboration services in accordance with what had been laid down by mutual agreement.
- The CTIC Foundation shall not be held liable from any violation of the rights over the Proposing Company’s Ground-breaking Idea committed by the selected Researcher or Researchers.
- The Proposing Company shall assume the risk that the Researcher or Researchers may break their commitments of confidentiality and violate the Company’s exclusive rights over that idea.
- In case this occurs, the CTIC Foundation will provide the Company proposing the Ground-breaking Idea with all the available documentation in order to prove the infraction committed by the Researcher or Researchers in charge of its development.
- On the other hand, the CTIC Foundation can also take the initiative and suggest the development of its own Ground-breaking Ideas within the framework of cReaTic.
V.- cReaTic search for Companies interested in the development and application of Ground-breaking Ideas - cReaTic is open to the participation of Companies with innovative spirit that are interested in the development and application of new information and communication technologies (ICT) by sharing their technical knowledge, professional experience, market approach and financial capacity.
- The CTIC Foundation reserves the right to accept or reject the application to participate in cReaTic submitted by companies that want to join the Creativity and Technology Research Laboratory.
- The CTIC Foundation will be allowed to invite certain Companies to join cReaTic because of their special connection with the sector of information and communication technologies or after the corresponding selection process.
- In both cases, the participation of Companies in the Creativity and Technology Research Laboratory shall be formalised through the signing with the CTIC Foundation of an Agreement of Participation in cReaTic.
- Companies Agreement of Participation in cReaTic:
- The signing of that Agreement implies the express acceptance of cReaTic’s operating rules and conditions.
- The participation in the Creativity and Technology Research Laboratory entitles the Company to get to know cReaTic Proposals aimed at the development and application of the Ground-breaking Ideas searched and managed by cReaTic.
- Web List of cReaTic Companies.
- Companies participating in cReaTic will have the right to be acknowledged as such and to include its logo or company name in cReaTic’s web site.
- Those companies participating in cReaTic that put forward Ground-breaking Ideas or that had signed Strategic Agreements for the development and application of other ideas will appear as members or active collaborators of cReaTic and, thus, will be especially highlighted in cReaTic’s web site.
- On the other hand, the passivity and lack of effective participation in cReaTic of those Companies during the period of time established for that purpose by the CTIC Foundation shall cause its way out of cReaTic's web site.
- Selection of fields of action:
- In principle, the Company will choose the field or line of action it prefers among those defined as cReaTic topics.
- The Company will also be able to suggest to the CTIC Foundation the addition of new lines or fields of action in which it has a special interest provided they belong to the field of information and communication technologies (ICT).
- If the Company chooses several fields or lines of action, it shall also establish a priority order.
- The Company may modify the fields or lines of action chosen at any moment in order to adapt to changes in its business strategy by applying in writing to the CTIC Foundation.
- The communication of cReaTic Proposals to the Participating Companies shall follow the distribution order resulting from the preference given by each of them to the field or line of action to which the Ground-breaking Idea belongs.
- The CTIC Foundation may decide that, in its best interest, the same cReaTic Proposal is simultaneously communicated to two or more Participating Companies giving rise to a bidding process between them, which shall be won by the Company that puts forward the most advantageous offer from the economic or technology point of view for the development or application of the cReaTic idea.
- Obligation of confidentiality and respect for the rights of exploitation:
- The Company undertakes a commitment of confidentiality towards the CTIC Foundation regards the content and scope of the Ground-breaking Ideas communicated by cReaTic. For these purposes, the Ideas communicated to the Company shall have the character of trade secrets and their disclosure shall constitute a case of unfair competition.
- The Company also commits itself to respect the rights that may be entitled to the Inventors or proprietors of the Ground-breaking Ideas communicated by cReaTic. The scope of one or another of those obligations shall depend on the degree of knowledge that the Company has in each moment about the content of the Ground-breaking Ideas
- The Company is obliged not to hold any kind of negotiation, be it direct or indirect, personally or by using an intermediary, with the Inventor or proprietor of the cReaTic Ground-breaking Idea without the knowledge and express authorisation of the CTIC Foundation.
- The Company that has received a cReaTic Proposal shall answer explicitly to it within 30 days at the latest.
- The Company shall, at any rate, justify its response and express the reasons for its acceptance or rejection of the cReaTic Proposal.
- The acceptance of the cReaTic Proposal by the Company shall entitle the CTIC Foundation to receive the agreed consideration in respect of its services. The remuneration received shall usually consist of a percentage of the sum invested by the Company in the development of the cReaTic Ground-breaking Idea or in exchange of its rights of exploitation. The Company shall be accountable of the payment of that remuneration to the CTIC Foundation.
- The Company shall assume the risks inherent in the development and implementation of the cReaTic Ground-breaking Idea.
- The CTIC Foundation shall not be held liable for any damages suffered by the Company and deriving from the development and implementation of a cReaTic Ground-breaking Idea
VI.- Development and application processes of >cReaTic’s Ground-breaking Ideas - cReaTic will provide Inventors, Companies and Research Centres with the possibility to sign Strategic Agreements in order to carry out the development and implementation of cReaTic’s Ground-breaking Ideas, serving as a meeting scenario and providing them with a safe negotiation framework.
- The signing of Strategic Agreements between the different technology agents will be carried out within the framework of cReaTic.
- Strategic Agreements related to cReaTic’s Ground-breaking Ideas will be directly signed by the stakeholders. These Agreements may be intended to carrying out the development of cReaTic’s Ground-breaking Idea, its effective implementation and business exploitation or both.
- CTIC Foundation will serve as a mediator in the negotiation of Strategic Agreements to be established between the parties by collaborating with them and advising them regarding the content and scope of these Agreements, especially in those matters related to the conferring or distribution of the legal ownership of the exploitation rights.
- cReaTic may help the Company with the hiring of the research services provided by the Inventor or Inventors of the Ground-breaking Idea so that they can take active part in the development processes encouraged by the said Company. As to meet that objective, CTIC Foundation will establish research agreements with the designated Researchers or with the organisation for which they work in the framework of cReaTic.
- The Strategic Agreement may give rise to the setting up of a technology-based company (or spin off) by the interested parties for the exploitation, be it direct or indirect, of the Ground-breaking Idea or of its further developments.
- The Strategic Agreement will establish the remuneration scheme received by the CTIC Foundation for its mediation services and advise during these cReaTic phases.
- CTIC Foundation reserves the right to participate, if agreed with the parties, in the development or exploitation processes of cReaTic’s Ground-breaking Ideas.

cReaTic’s legal configuration has been defined by axlconsultores_mercantiles
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