SKU replied that it never became the owner of the monomers and therefore could not transfer ownership of Wound-ex. Chiralix provided the materials as a contribution to the cause, but never transferred ownership. Chiralix only granted a right of use and consumption in favour of the Heal-X project. To the extent that Chiralix had transferred ownership, it was not due to SKU, but to the consortium, so there is a co-ownership of the consortium partners (community). In addition, SKU denies that there is a valid title or delivery. “(…) The remaining issues related to the transfer of materiel and the subsequent exit from Radboud University remain a concern of the committee. In particular, a possible failure of the consortium`s Radboud University as well as the ongoing legal seizure of the monomers by Wound-ex are unacceptable risks that will jeopardize the continuation of the project. Par conséquent, le comité conseille à ZonMw d`approuver conditionnellement les progrès en 2017 et d`effectuer le paiement initial en 2018 lorsque les questions restantes liées au transfert de matériaux et à la sortie de l`Université Radboud seront résolues. ” An essential part of the agreements made between the parties and with ZonMw is the withdrawal of the RU and the associated transfer of all materials and information from RU to Wound-ex via the coordinator RUMC/ [name of professor]. Wound-ex has taken over activities of the RU.
Within the consortium it has been agreed that the materials that RU has obtained from Chiralix will now be transferred to Wound-ex via the coordinator. En conséquence, l`EF n`est plus propriétaire de ces matériaux et la propriété passe de l`EF à Wound-ex. Tous les autres résultats et connaissances obtenus par RU dans le cadre du projet Heal-X seront transférés au RUMC afin qu`ils puissent bénéficier au consortium. […] It is therefore very important that the transfer from the RU to the RUMC (financial AND material), which should have been completed by 31 July 2017, still takes place as soon as possible. In so far as Wound-ex argues that ZonMw`s decision to terminate the subsidy was not yet final, that argument does not rhyme with the text of that letter. Although zonMw itself does not qualify this letter as a decision within the meaning of the Awb, ZonMw`s position is clear and prompted the end of the Heal-X project to be placed on the agenda of the consortium meeting. All members of the consortium, with the exception of Wound-ex, who abstained, voted to end the consortium. The termination of the consortium agreement and the termination of the Heal-X project are therefore not the result of zonMw`s decision, but of the decision of the consortium itself, which was triggered by ZonMw`s announcement that it would cease funding. In these circumstances, it cannot be claimed that the Heal-X project is still ongoing and that all the obligations that the parties had under this project, such as the supply of materials by SKU to Wound-ex, can continue to be performed. At the consortium meeting, according to the last sentence of ZonMW`s letter dated October 8, 2018, it was also determined that the materials should be returned to Chiralix.
There was no objection to that against it. If, at any time, SKU was already obliged to hand over the materials to Wound-ex, this will no longer be the case as of December 18, 2018. For advice and assistance in drafting a consortium agreement, ZonMw refers researchers to their organization`s legal department, valuation department or technology transfer office (TTO). .