Compulsory Licensing. Should a compulsory license be granted, or be the subject of a possible grant, by Licensee or an Affiliate to a third party under the applicable laws, rules, regulations, guidelines, or other directives of any governmental or supranational agency in the Licensed Territory under the Patent Rights, Licensee shall notify University, including any material information concerning such compulsory license, and the running royalty rates payable under Section 3.4 for sales of Licensed Products in such country will be adjusted to equal any lower royalty rate granted to such third party for such country with respect to the sales of such Licensed Products therein (the “Compulsory Royalty”).
Compulsory Licensing. If a Compulsory License is granted to a Third Party with respect to a Product in a country, and the royalty rate payable by such Third Party to Arsanis or its Affiliate or Licensee for such Compulsory License does not equal or exceed the royalty rate provided by Section 4.3(a) (Royalty Payments) (as adjusted pursuant to Section 4.3(b) (Adjustment for Third Party IP) and 4.3(c) (Biosimilar Competition), to the extent applicable), then in lieu of Royalty Payments with respect to such Third Party’s Net Sales of such Product in such country, Arsanis shall pay to Adimab [**] percent ([**]%) of the royalties paid by such Third Party to Arsanis or its Affiliate or Licensee with respect to such Third Party’s sales of such Product in such country for the period during which such Compulsory License is in effect, but only with respect to sales or other dispositions of that Product in that country by that Third Party compulsory licensee.
Compulsory Licensing. Notwithstanding any other provision of this Agreement, Licensor may grant, without the consent of Licensee, non-exclusive licenses under the Licensed Patent to third parties to the extent deemed necessary by Licensor to comply with applicable compulsory license or working requirements and to keep the Licensed Patent in full force.
Compulsory Licensing. If a Third Party seeks a compulsory license for a Collaboration Product in accordance with appropriate provisions of the laws of any country and ISIS and ZENECA agree that the Third Party is legally entitled to such license or the Third * CONFIDENTIAL TREATMENT REQUESTED
Compulsory Licensing. ROCHE covenants and agrees on behalf of itself and its Affiliates to not support any third party in seeking compulsory licensing of the CHIRON Licensed Patents in the Region. As used in this Section, "support" shall have the same meanings as in Section 7.2(b).
Compulsory Licensing. On the basis that the establishment of a legal basis for involuntary authorization of access to essential technology on fair and reasonable terms amounts juridically to the compulsory licensing of intellectual property, legislation would be needed:
Compulsory Licensing. Licensee or its Permitted Sublicensee(s) (as applicable) will promptly notify University should a compulsory license be granted, or be the subject of a possible grant, by Licensee or a Permitted Sublicensee to a third party under the applicable laws, rules, regulations, guidelines, or other directives of any governmental or supranational agency in the Territory under the Patent Rights and/or Copyright [DELETE IF NO COPYRIGHT]. Said notice will include any material information concerning such compulsory license, and the running royalty rates payable. To the extent that any terms and/or conditions of said compulsory license are: 1) inconsistent with Licensee’s obligations under this Agreement; and
Compulsory Licensing. Should a compulsory license be granted, or be the subject of a possible grant, by Licensee or an Affiliate to a third party under the applicable laws, rules, regulations, guidelines, or other directives of any governmental or supranational agency in the Licensed Territory under the Patent Rights, Licensee shall notify University, including any material information concerning such compulsory license, and the running royalty rates payable under Section 3.4 for sales of Licensed Products in such country will be adjusted to equal any lower royalty rate granted to such third party for such country with respect to the sales of such Licensed Products therein (the “Compulsory Royalty”). [***] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed.
Compulsory Licensing. A compulsory licence is when a government authorises local manufacture or importation of copies of medicines or other goods without the consent of the patent holder but in compliance with certain procedures and in exchange for a reasonable royalty.110 This is provided for under article 31 of the TRIPS Agreement and was further reaffirmed in paragraph 5 (a) and (b) of the Doha Declaration on Public Health. These provisions are to the effect that the government has a right to determine what constitutes a national emergency for the grant of compulsory licenses. The Doha Declaration has clarified the fact that each Member is free to determine the grounds upon which compulsory licences may be granted. This is very useful in that it has corrected the wrong conception held by many countries that some form of emergency was a pre-condition for the grant of compulsory licences under the TRIPS Agreement.111 It further makes it clear that in determining what constitutes a national emergency or extreme urgency, circumstances may include but are not limited to those relating to HIV/Aids, tuberculosis and malaria. The TRIPS Agreement itself makes no specification as to the grounds upon which a compulsory licence can be granted, but alludes to cases of ‘national emergency or extreme urgency112, dependency of patents, licences for governmental non-commercial use and licences to remedy anti-competitive practices.113 Compulsory licensing in the TRIPS Agreement is part of an attempt to strike a balance between promoting access to existing drugs and promoting research and development for new drugs. Article 31 does not use the term compulsory licence but uses the phrase ‘other use without the authorisation of the right owner’. Before the government can grant a compulsory license, attempts must have been made to obtain from the titleholder a voluntary licence but to no avail. “National laws can provide for the granting of such licences whenever the title holder refuses to grant a voluntary licence on reasonable commercial terms and also for other reasons such as public health or public interest at 110 Xxxxx Xxxxxx, Supra note 44 page 48. 111 For further discussion of this matter, see Oxfam briefing paper on TRIPS and Public Health: the next battle. Available online at xxxx://xxx.xxxxx.xxx.xx/policy/papers/15trips/15trips.html 112 Article 31 (b) TRIPS Agreement, 1995. 113 Xxxxx Xxxxxx and Xxxx Xxxxx, supra note 1 page 49.
Compulsory Licensing. During the Term, CHMC may become aware of Third Parties that are interested in obtaining rights to the Products or Processes for specific indications not indicated in a Report as defined in Section 4.2.1 (each such specific indication being a “New Indication”). CHMC will provide notice to Company of any written indications of interest in a New Indication (including, without limitation, the written notice of interest from, and the name and contact details of, any such Third Party (each an “Interested Third Party”) and the specified New Indication) within thirty (30) days of receipt of such written indication of interest (a “New Indication Notice”). Company will then provide written notice to CHMC within thirty (30) days of receipt of a New Indication Notice of its decision regarding the development of such New Indication.
