Common use of Allocation of Rights Clause in Contracts

Allocation of Rights. A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. Rights to all forms of Intellectual Property, other than those rights described in paragraph IIIA above, shall be allocated as follows: (1) Visiting researchers shall receive, for any intellectual property they create, rights, awards, bonuses and royalties in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property shall nonetheless be entitled to awards, bonuses and royalties in accordance with the policies of the institution employing or sponsoring that person. (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 3 contracts

Samples: Agreement on Cooperation in Science and Technology for Homeland/Domestic Security Matters, Cooperation Agreement, Cooperation Agreement

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Allocation of Rights. A. 1. Each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to a non-exclusivenonexclusive, irrevocable, royalty-free license for non-commercial purposes in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, papers, reports, and books directly arising resulting from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines expresses the desire to be namedremain anonymous. B. 2. Rights to all forms of Intellectual Propertyintellectual property created under the Agreement, other than those rights described set forth in paragraph IIIA above1 of this Section, shall be allocated as follows: (a) For intellectual property created during joint research, for example, if the Parties or their participants have agreed in advance on the scope of work, each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to all rights and interests in its own country. Rights and interests in third countries shall be determined in implementing agreements, taking into consideration the following factors, as appropriate: 1) the nature of the cooperation, 2) the contributions of each of the Parties and its participants to the work to be performed, including background intellectual property, 3) the intentions, capabilities, and obligations of each of the Parties and its participants to provide legal protection of intellectual property created, and 4) the manner in which the Parties and their participants will provide for the commercialization of intellectual property created, including, where appropriate and possible, joint participation in commercialization. In addition, each person named as an inventor or author shall be entitled to receive rewards in accordance with the policies of each Party’s participating institution. b) Visiting researchers shall receivenot involved in joint research, for any example, scientists visiting primarily in furtherance of their education, shall receive intellectual property they createrights under arrangements with their host institutions. In addition, rights, awards, bonuses and royalties each such visiting researcher shall be entitled to receive rewards in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if In the event either Party believes that a particular joint research project may lead to under the Agreement will lead, or has led led, to the creation or furnishing of Intellectual Property intellectual property of a type that is not protected by the applicable laws of the other PartyUnited States of America or the Russian Federation, the Parties shall immediately hold discussions consultations to determine the allocation of the rights to the Intellectual Propertysaid intellectual property. Such joint activities shall be suspended during the consultations unless otherwise agreed to by the Parties. If an no agreement cannot can be reached within three months of a three-month period from the date of the initiation request for consultations, the Parties shall cease the cooperation under the project in question. 3. Rights to background intellectual property may be transferred by the Parties and their participants through license agreements between individuals and/or legal entities. Such license agreements may reflect the following: a) definitions, b) identification of intellectual property being licensed and the scope of the discussions, cooperation on the Project in question shall be terminated at the request license, c) royalty rates and other compensation, d) requirements for protection of either Party. Creators of Intellectual Property shall nonetheless be entitled business-confidential information, e) requirements to awards, bonuses and royalties in accordance comply with the policies relevant intellectual property and export control laws of the institution employing or sponsoring that personUnited States of America and the Russian Federation, f) procedures for record keeping and reporting, g) procedures for dispute resolution and termination of each agreement, and h) other appropriate terms and conditions. (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 3 contracts

Samples: Plutonium Management and Disposition Agreement, Agreement Concerning the Management and Disposition of Plutonium, Agreement Concerning the Management and Disposition of Plutonium

Allocation of Rights. A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-royalty- free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. Rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA III.A above, shall be allocated as follows: (1) Visiting researchers shall receive, for any intellectual property they create, receive rights, awards, bonuses and royalties in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property Any intellectual property created by persons employed or sponsored by one Party under Cooperative Activities cooperative activities other than those covered by paragraph III.B(1) shall be owned by that Party and Party. Intellectual Property property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties. In addition, but such Intellectual Property each creator shall be commercially exploited only by mutual agreemententitled to awards, bonuses and royalties in accordance with the policies of the institution employing or sponsoring that person. (b) Unless otherwise agreed in an implementing or other arrangement, each Party shall have within its territory a right to exploit or license intellectual property created in the course of the cooperative activities. (c) The rights of a Party outside its territory shall be determined by mutual agreement considering the relative contributions of the Parties and their participants to the cooperative activities, the degree of commitment in obtaining legal protection and licensing of the intellectual property and such other factors deemed appropriate. (d) Notwithstanding paragraphs III B(2)(aIII.B(2)(a) and (b) above, if either Party believes that a particular project may is likely to lead to or has led to the creation of Intellectual Property intellectual property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Propertyintellectual property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project project in question shall be terminated at the request of either Party. Creators of Intellectual Property intellectual property shall nonetheless be entitled to awards, bonuses and royalties as provided in accordance with the policies of the institution employing or sponsoring that personparagraph III.B(2)(a). (de) For each invention made under any Cooperative Activitycooperative activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 2 contracts

Samples: Cooperation Agreement, Cooperation Agreement

Allocation of Rights. A. Each Party shall be entitled Party, subject to the terms of their own national legislation, may, by means of a non-contract, have non- exclusive, irrevocable, royalty-free license in all countries licence to translate, reproduce, adapt, transmit and publicly distribute scientific the articles, reports and technical journal articles, reports, and scientific books generated directly arising from cooperation under by the cooperative activities covered by this Agreement, provided that the legal provisions on the ownership and transfer of copyright for the creation of the work are respected. All the copies of works subject to copyright produced in line with these provisions and publicly distributed copies of a copyrighted work prepared under this provision shall indicate must mention the names of the authors, except where the authors of the work unless an author explicitly declines to be namedhave specifically declined that right. B. Rights to for all forms of Intellectual Property, other than those rights intellectual property not described in paragraph IIIA above, shall Section II A will be allocated as follows: (1) . Visiting researchers researchers, such as scientists visiting primarily in furtherance of their education, shall receive, for any intellectual receive intel- lectual property they create, rights, awards, bonuses and royalties rights under arrangements with their host institutions in accordance with the policies provisions of the relevant national legislation on the subject. In addition, each visiting researcher named as an inventor shall be entitled, in the same way that the researchers of the host institutioninstitution are entitled, to a proportional share of any royalties received by the host institution under the licence for the use of the intellectual property. 2. Regarding the intellectual property which is or may be created by joint research, the participants will draw up a joint technology management plan to be negotiated in the form of a written contract between the parti- cipants in joint research projects establishing in advance the fair and balanced distribution of results or any benefits deriving from the cooperation, considering the relative contribution of the Parties or their participants, and strictly complying with the laws on intellectual property in force in each Party and the international agreements on intellectual property to which the Parties are signatories. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do participants did not agree on provisions adopt a joint technology management plan in the initial phase of a Technology Management Plan under subparagraph (a) cooperation and if they cannot reach an agreement within a reasonable timeperiod, not to exceed more than six months from the time months, of a Party becomes becoming aware of the creation of Intellectual Property created in the course or likely creation of the Cooperative Activitiesintellectual property in question as a result of the joint research, then the Parties or their Participants shall resolve the matter must immediately hold discussions in accordance with the provisions of paragraph II (C) of this Annexorder to find a mutually acceptable solution. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities such intellectual property shall be owned jointly by that Party and Intellectual Property created the Parties or their participants, unless jointly agreed otherwise. (b) If a joint research project carried out under this Agreement leads to a creation likely to be protected by persons employed or sponsored intellectual property rights which are not covered by both Parties shall be jointly owned by the legislation in force in one of the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property not protected by the laws of the other Party, the Parties shall must immediately hold discussions in order to determine the allocation of rights to the Intellectual Property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property shall nonetheless be entitled to awards, bonuses and royalties find a mutually acceptable solution in accordance with the policies of the institution employing or sponsoring that personapplicable legislation. (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 2 contracts

Samples: Scientific and Technological Cooperation Agreement, Scientific and Technological Cooperation Agreement

Allocation of Rights. A. 1. With regard to possession (if applicable), allocation and exercise of intellectual property rights, the Parties and cooperating organizations shall apply the following basic principles of: a) adequate protection of the results of intellectual activities obtained and/or used within the framework of the Agreement; b) due consideration of corresponding contributions by the Parties and cooperating organizations when their rights to the jointly created intellectual property are allocated; c) efficient use of intellectual property; d) non-discrimination with respect to participants in joint activities; e) protection of business confidential information; f) transfer and use of background intellectual property only after its legal protection in the territory of the State where it shall be used is ensured; g) mandatory implementation by the Parties of measures aimed at preventing, identifying, investigating and restraining infringements with regard to intellectual property created by means of budgetary allocations of the States of the Parties. 2. With regard to the intellectual property created in the course of the joint activities, the Parties or cooperating organizations shall jointly elaborate a plan for the assessment and use of the results either before the beginning of their cooperation or within reasonable time from the date when one Party or its cooperating organization notifies the other Party or its cooperating organization in writing of obtaining a result subject to protection as an object of intellectual property. 3. Each Party or cooperating organization shall be entitled to a non-exclusive, irrevocable, irrevocable and royalty-free license in all countries to translate, reproduce, reproduce and publicly distribute scientific and technical journal articles, reports, reports and books directly arising from cooperation the joint activities under this the Agreement. All publicly distributed copies of a copyrighted work works prepared under this provision shall indicate the names name of the authors author of the work unless an the author explicitly declines to be named. B. 4. Rights of visiting researchers, inventors and authors to all forms types of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA above3 of this Section, shall be allocated as follows: (1) Visiting researchers shall receivevisiting researchers, inventors and authors of one Party, for any example, scientists visiting cooperating organization of the other Party primarily in furtherance of their education shall receive intellectual property they create, rights, awards, bonuses and royalties in accordance with rights under the policies of the host institution.; 2) (a) Unless otherwise agreed in a Project Arrangement or other arrangementrelation to intellectual property rights created during joint research, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of for example, when the Parties, Participants cooperating organizations, or their personnel have agreed in advance on the scope of work, each Party, cooperating organization or a person from among the personnel shall be entitled to obtain all rights and Contractors benefits in its country. Rights and benefits in third countries shall be determined in separate agreements. If research is not defined as joint research in separate agreements, rights to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing intellectual property created as a result of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants research shall resolve the matter be allocated in accordance with the provisions of paragraph II (C) subparagraph 1 of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property shall nonetheless be entitled to awards, bonuses and royalties in accordance with the policies of the institution employing or sponsoring that person. (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.paragraph;

Appears in 2 contracts

Samples: Cooperation Agreement, Cooperation Agreement

Allocation of Rights. A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. Rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA above, shall be allocated as follows: (1) Visiting researchers shall receive, receive for any intellectual property they create, rights, awards, bonuses and royalties in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement an implementing or other arrangement, the Parties or their Participants participants shall jointly develop provisions of a Technology Management Plan technology management plan regarding ownership and exploitation rights to Intellectual Property intellectual property created in the course of the Cooperative Activities cooperative activities other than those covered by paragraph III (B) (1) of this Annex). The Technology Management Plan technology management plan shall consider the relative contributions of the Parties, Participants Parties and Contractors their participants to the Cooperative Activitiescooperative activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Propertyintellectual property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants participants do not agree on provisions of a Technology Management Plan technology management plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property intellectual property created in the course of the Cooperative Activitiescooperative activities, the Parties or their Participants participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this AnnexD). Pending resolution of the matter, any Intellectual Property intellectual property created by persons employed or sponsored by one Party under Cooperative Activities cooperative activities shall be owned by that Party and Intellectual Property intellectual property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property intellectual property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(aIII.B(2)(a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property intellectual property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Propertyintellectual property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project project in question shall be terminated at the request of either Party. Creators of Intellectual Property intellectual property shall nonetheless be entitled to awards, bonuses and royalties in accordance with the policies of the institution employing or sponsoring that person. (d) For each invention made under any Cooperative Activitycooperative activity, the Party employing or sponsoring the inventor(s) shall disclose the invention inventions promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Agreement Relating to Scientific and Technical Cooperation

Allocation of Rights. A. a. Each Party party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articlesArticles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. b. Rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA Section II(a) above, shall be allocated as follows: (1) . Visiting researchers and scientists visiting primarily in furtherance of their education shall receive, for any receive intellectual property they create, rights, awards, bonuses and royalties in accordance with rights under the policies of the host institution. In addition, each visiting re- searcher or scientist named as an inventor shall be entitled to share in a portion of any royalties earned by the host institution from the licensing of such intellectual property. (a) Unless otherwise agreed in a Project Arrangement or other arrangementFor intellectual property created during joint research with participation from the two Parties, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of for example, when the Parties, Participants participating institutions, or participating personnel have agreed in advance on the scope of work, each Party shall be entitled to obtain all rights and Contractors interests in its own country. Rights and interests in third countries will be determined in agreements con- cluded pursuant to Article II of this Agreement. The rights to intellectual property shall be allo- cated with due regard for the economic, scientific and technological contributions from each Party to the Cooperative Activitiescreation of intellectual property. If research is not designated as “joint research” in the relevant agreement concluded pursuant to Article II of this Agreement, rights to intel- lectual property arising from the degree research shall be allocated in accordance with Paragraph IIb1. In addition, each person named as an inventor shall be entitled to share in a portion of commitment in obtaining legal protection and any royal- ties earned by their institution from the licensing of the Intellectual Property, and such other factors as are deemed appropriateproperty. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) aboveParagraph IIb2(a), if either Party believes that a particular project may lead to or has led to the creation type of Intellectual Property not protected by intellectual property is available under the laws of one Party but not the other Party, the Parties Party whose laws provide for this type of protection shall immediately hold discussions be entitled to determine the allocation of all rights and interests in all countries which provide rights to the Intellectual Propertysuch intellectu- al property. If an agreement cannot be reached within three months Persons named as inventors of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property property shall nonetheless be entitled to awards, bonuses and royalties as provided in accordance with the policies of the institution employing or sponsoring that personParagraph IIb2(a). (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Agreement Between the United States of America and the Russian Federation Concerning Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes

Allocation of Rights. A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. Rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA Paragraph II. A above, shall be allocated as follows: (1) Visiting researchers shall receiveresearchers, for any example, scientists visiting primarily in furtherance of their education shall receive intellectual property they createrights under the policies of the host institution. In addition, rights, each visiting researcher named as an inventor or author shall be entitled to national treatment with regard to awards, bonuses and royalties bonuses, benefits, or any other rewards in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangementFor intellectual property created during joint research, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of for example, when the Parties, Participants participating institutions, or participating personnel have agreed in advance on the scope of work, each Party shall be entitled to obtain all rights and Contractors interests in its own country. Rights and interests in third countries will be determined in Project Annexes. If research is not designated as “joint research” in the relevant Project Annexes, rights to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months intellectual property arising from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter research will be allocated in accordance with the provisions of paragraph II Paragraph II. B. (C) of this Annex1)above. Pending resolution of the matterIn addition, any Intellectual Property created by persons employed each person named as an inventor or sponsored by one Party under Cooperative Activities author shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property shall nonetheless be entitled to national treatment with regard to awards, bonuses and royalties bonuses, benefits, or any other rewards in accordance with the policies of the institution employing or sponsoring that person.participating institutions (db) For each invention made Notwithstanding Paragraph II. B. (2) (a above, if a type of intellectual property is available under any Cooperative Activitythe laws of one Party but not the other Party, the Party employing whose laws provide for this type of protection shall be entitled to all rights and interests worldwide. Persons named as inventors or sponsoring authors of the inventor(s) property shall disclose nonetheless be entitled to national treatment with regard to awards, bonuses, benefits, or any other rewards in accordance with the invention promptly to policies of the other participating institution of the Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Partyobtaining rights.

Appears in 1 contract

Samples: Cooperation Agreement

Allocation of Rights. A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. Rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA 3 (A) above, shall be allocated as follows: (1) Visiting researchers shall receive, receive for any intellectual property they create, rights, awards, bonuses and royalties in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement an implementing or other arrangement, the Parties or their Participants participants shall jointly develop provisions of a Technology Management Plan technology management plan regarding ownership and exploitation rights to Intellectual Property intellectual property created in the course of the Cooperative Activities cooperative activities other than those covered by paragraph III 3 (B) (1) of this Annex). The Technology Management Plan technology management plan shall consider the relative contributions of the Parties, Participants Parties and Contractors their participants to the Cooperative Activitiescooperative activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Propertyintellectual property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants participants do not agree on provisions of a Technology Management Plan technology management plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property intellectual property created in the course of the Cooperative Activitiescooperative activities, the Parties or their Participants participants shall resolve the matter in accordance with the provisions of paragraph II 2 (C) of this AnnexD). Pending resolution of the matter, any Intellectual Property intellectual property created by persons employed or sponsored by one Party under Cooperative Activities cooperative activities shall be owned by that Party and Intellectual Property intellectual property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property intellectual property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a3 B (2) (a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property intellectual property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Propertyintellectual property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project project in question shall be terminated at the request of either Party. Creators of Intellectual Property intellectual property shall nonetheless be entitled to awards, bonuses and royalties in accordance with the policies of the institution employing or sponsoring that person. (d) For each invention made under any Cooperative Activitycooperative activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Agreement Relating to Scientific and Technical Cooperation

Allocation of Rights. A. 1. Each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to a non-exclusivenonexclusive, irrevocable, royalty-free license for non-commercial purposes in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, papers, reports, and books directly arising resulting from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines expresses the desire to be namedremain anonymous. B. 2. Rights to all forms of Intellectual Propertyintellectual property created under the Agree ment, other than those rights described set forth in paragraph IIIA above1 of this Section, shall be allocated as follows: (a) For intellectual property created during joint research, for example, if the Parties or their participants have agreed in advance on the scope of work, each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to all rights and interests in its own country. Rights and interests in third countries shall be determined in implementing agreements, taking into consideration the following factors, as appropriate: 1) the nature of the cooperation, 2) the contributions of each of the Parties and its participants to the work to be performed, including background intellectual property, 3) the intentions, capabilities, and obligations of each of the Parties and its participants to provide legal protection of intellectual property created, and 4) the manner in which the Parties and their participants will provide for the commercialization of intellectual property created, including, where appropriate and possible, joint participation in commercialization. In addition, each person named as an inventor or author shall be entitled to receive rewards in accordance with the policies of each Party’s participating institution. b) Visiting researchers shall receivenot involved in joint research, for any example, scientists visiting primarily in furtherance of their education, shall receive intellectual property they createrights under arrangements with their host institutions. In addition, rights, awards, bonuses and royalties each such visiting researcher shall be entitled to receive rewards in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if In the event either Party believes that a particular joint research project may lead to under the Agreement will lead, or has led led, to the creation or furnishing of Intellectual Property intellectual property of a type that is not protected by the applicable laws of the other PartyUnited States of America or the Russian Federation, the Parties shall immediately hold discussions consultations to determine the allocation of the rights to the Intellectual Propertysaid intellectual property. Such joint activities shall be suspended during the consultations unless otherwise agreed to by the Parties. If an no agreement cannot can be reached within three months of a three-month period from the date of the initiation request for consultations, the Parties shall cease the cooperation under the project in question. 3. Rights to background intellectual property may be transferred by the Parties and their participants through license agreements between individuals and/or legal entities. Such license agreements may reflect the following: a) definitions, b) identification of intellectual property being licensed and the scope of the discussions, cooperation on the Project in question shall be terminated at the request license, c) royalty rates and other compensation, d) requirements for protection of either Party. Creators of Intellectual Property shall nonetheless be entitled business-confidential information, e) requirements to awards, bonuses and royalties in accordance comply with the policies relevant intellectual property and export control laws of the institution employing or sponsoring that personUnited States of America and the Russian Federation, f) procedures for record keeping and reporting, g) procedures for dispute resolution and termination of each agreement, and h) other appropriate terms and conditions. (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Agreement Concerning the Management and Disposition of Plutonium

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Allocation of Rights. A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly specifically declines to be named. B. Rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA above, Section II(A) above shall be allocated as follows: (1) Visiting researchers . Researchers and scientists visiting in furtherance of their education shall receive, for any receive intellectual property they createrights under the existing rules of the host institution. In addition, rights, each visiting researcher or scientist named as an inventor shall have the right to national treatment regarding awards, bonuses and royalties benefits or other compensation, including royalties, in accordance with the policies existing rules of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangementFor intellectual property created during joint research, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of for example, when the Parties, Participants participating institutions, or participating personnel have agreed in advance on the scope of work, each Party shall be entitled to obtain all rights and Contractors interests in its own territory. Rights and interests in third countries will be determined in implementing arrangements. The rights to intellectual property shall be allocated with due regard for the economic, scientific and technological contributions from each Party to the Cooperative Activitiescreation of intellectual property. If research is not designated as "joint research" in the relevant implementing arrangement, rights to intellectual property arising from the degree of commitment research will be allocated in obtaining legal protection accordance with Paragraph II(B)(1). In addition, each person named as an inventor shall have the right to national treatment regarding awards, benefits and licensing other compensation, including royalties, in accordance with the existing rules of the Intellectual Property, and such other factors as are deemed appropriatehost institution. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) aboveParagraph II(B)2(a), if either Party believes that a particular project may lead to or has led to the creation type of Intellectual Property not protected by intellectual property is available under the laws of one party but not the other Party, the Parties Party whose laws provide for this type of protection shall immediately hold discussions be entitled to determine the allocation of all rights to the Intellectual Propertyand interests worldwide. If an agreement cannot be reached within three months Persons named as inventors of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property property shall nonetheless be entitled to awards, bonuses and royalties as provided in accordance with the policies of the institution employing or sponsoring that personParagraph II(B)2(a). (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Agreement Between the Government of the United States of America and the Government of the Russian Federation on Cooperation in Research on Radiation Effects

Allocation of Rights. A. (A) Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. (B) Rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA Paragraph 2. (A) above, shall be allocated as follows: (1a) Visiting researchers shall receiveresearchers, for any example, scientists visiting primarily in furtherance of their education, shall receive intellectual property they createrights under the policies of the host institution. In addition, rights, each visiting researcher named as an inventor shall be entitled national treatment with regard to awards, bonuses and royalties bonuses, benefits, or any other rewards, in accordance with the policies of the host institution. (b) Upon request of one party or its institution, the other party or its institution will promptly provide to the requesting party information pertaining to said policy of the host institution. (a) Unless otherwise For intellectual property created during joint research, for example, when the Parties, participating institutions, or participating personnel have agreed in a Project Arrangement or other advance on the scope of work, each Party shall be entitled to obtain all rights and interests in its own country. Rights and interests in third countries will be determined in implementing arrangements. If research is not designated as “joint research” in the relevant implementing arrangement, right to intellectual property arising from the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created research will be allocated in the course of the Cooperative Activities other than those covered by accordance with paragraph III 2. (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (bi) above. In addition, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property not protected by the laws of the other Party, the Parties each person named as an inventor shall immediately hold discussions to determine the allocation of rights to the Intellectual Property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property shall nonetheless be entitled to national treatment with regard to awards, bonuses and royalties bonuses, benefits, or any other rewards in accordance with the policies of the institution employing or sponsoring that personparticipating institutions. (db) For each invention made In the event that other forms of intellectual property are created in the course of cooperative activities under any Cooperative Activitythis Agreement and they are not protected by the laws of one Party’s country, disposition of rights in that intellectual property will be determined, on an equitable basis, as described in subparagraph (c) below and in accordance with the Party employing or sponsoring laws and regulations of the inventor(srespective countries. (c) shall disclose the invention promptly The Parties to the cooperative activities will, at the request of either Party, promptly consult with each other Party together with any documentation and information necessary to enable on the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure disposition of such documentation or information for the purpose of protecting its rights in the inventionintellectual property referred to in subparagraph (b) above. Unless The cooperative activity in question will be suspended during the consultation unless otherwise agreed in writing, by the delay shall not exceed Parties. If no agreement on the disposition of said rights can be reached within a three-month period of six months from the date of disclosure request for consultation, the cooperative activity in question may be terminated by the inventing either Party with notice to the other Party. In this case, each Party shall also notify its respective authority of such termination.

Appears in 1 contract

Samples: Agreement for Cooperation in Research and Development (R&d) Concerning Nuclear Material Control and Accounting Measures for Safeguards and Nonproliferation

Allocation of Rights. A. 1. Each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to a non-exclusivenonexclusive, irrevocable, royalty-free license for non-commercial purposes in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, papers, reports, and books directly arising resulting from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines expresses the desire to be namedremain anonymous. B. 2. Rights to all forms of Intellectual Propertyintellectual property created under the Agreement, other than those rights described set forth in paragraph IIIA above1 of this Section, shall be allocated as follows: (a) For intellectual property created during joint research, for example, if the Parties or their participants have agreed in advance on the scope of work, each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to all rights and interests in its own country. Rights and interests in third countries shall be determined in implementing agreements, taking into consideration the following factors, as appropriate: 1) Visiting researchers shall receivethe nature of the cooperation, 2) the contributions of each of the Parties and its participants to the work to be performed, for any including background intellectual property, 3) the intentions, capabilities, and obligations of each of the Parties and its participants to provide legal protection of intellectual property they createcreated, rightsand 4) the manner in which the Parties and their participants will provide for the commercialization of intellectual property created, awardsincluding, bonuses where appropriate and royalties possible, joint participation in commercialization. In addition, each person named as an inventor or author shall be entitled to receive rewards in accordance with the policies of the host each Party’s participating institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation of Intellectual Property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property shall nonetheless be entitled to awards, bonuses and royalties in accordance with the policies of the institution employing or sponsoring that person. (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Plutonium Management and Disposition Agreement

Allocation of Rights. A. Each Party shall The Parties, or their designated implementing agencies, in accordance with Article I of this Agreement, will be entitled to a non-exclusivenonexclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, reports and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall will indicate the names of the authors of the work unless an author explicitly declines to be named. B. Rights to all forms of Intellectual Property, other than those rights described in paragraph IIIA Section II(A) above, shall will be allocated as follows: (1) . Visiting researchers shall receive, for any intellectual property they create, rights, awards, bonuses and royalties scientists visiting primarily in accordance with furtherance of their education will receive Intellectual Property Rights under the policies of the host institution. In addition, each visiting researcher or scientist named as an inventor will be entitled to share in a portion of any royalties earned by the host institution from the licensing of such Intellectual Property. (a) Unless otherwise For Intellectual Property created during joint research with participation from the two Parties, for example, when the Parties, participating institutions, or participating personnel, have agreed in a Project Arrangement or other arrangementadvance on the scope of work, each Party will be entitled to obtain all rights and interests in its own country. Rights and interests in third countries will be determined in implementing arrangements concluded pursuant to Article 3 of this Agreement. If research is not designated as "joint research" in the Parties or their Participants shall jointly develop provisions relevant implementing arrangements concluded pursuant to Article 3 of a Technology Management Plan regarding ownership and exploitation this Agreement, rights to Intellectual Property created arising from the research will be allocated in accordance with Section IIB I above. In addition, each person named as an inventor will be entitled to share in a portion of any royalties earned by their institution from the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriateproperty. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph Notwithstanding Paragraph 2 (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that a particular project may lead to or has led to the creation type of Intellectual Property not protected by is available under the laws of one Party but not the other Party, the Parties shall immediately hold discussions Party whose laws provide for this type of protection will be entitled to determine the allocation of all rights and interests in all countries which provide rights to the such Intellectual Property. If an agreement cannot be reached within three months Persons named as inventors of the date of the initiation of the discussions, cooperation on the Project in question shall be terminated at the request of either Party. Creators of Intellectual Property shall will nonetheless be entitled to awards, bonuses and royalties as provided in accordance with the policies of the institution employing or sponsoring that personParagraph 2 (a) above. (d) For each invention made under any Cooperative Activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Framework Agreement

Allocation of Rights. A. Each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to a non-exclusivenonexclusive, irrevocable, royalty-free license for non-commercial purposes in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, papers, reports, and books directly arising resulting from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines expresses the desire to be namedremain anonymous. B. Rights to all forms of Intellectual Propertyintellectual property created under this Agreement, other than those rights described in paragraph IIIA Section III.A above, shall be allocated as follows: (1. For intellectual property created during joint research, for example, if the Parties or their participants have agreed in advance on the scope of work, each Party, its Executive Agent or other authorized representative designated by a Party shall be entitled to all rights and interests in its own country. Rights and interests in third countries shall be determined in implementing agreements, taking into consideration the following factors, as appropriate: a) the nature of the cooperation; b) the contributions of each of the Parties and its participants to the work to be performed, including background intellectual property, c) the intentions, capabilities, and obligations of each of the Parties and its participants to provide legal protection of intellectual property created, d) and the manner in which the Parties and their participants will provide for the commercialization of intellectual property created, including, where appropriate and possible, joint participation in commercialization. In addition each person named as an inventor or author shall be entitled to receive rewards in accordance with the policies of each Party’s participating institution. 2. Visiting researchers shall receivenot involved in joint research, for any example, scientists visiting primarily in furtherance of their education, shall receive intellectual property they createrights under arrangements with their host institutions. In addition, rights, awards, bonuses and royalties each such visiting researcher shall be entitled to receive rewards in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, 3. In the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property created by persons employed or sponsored by one Party under Cooperative Activities shall be owned by that Party and Intellectual Property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties, but such Intellectual Property shall be commercially exploited only by mutual agreement. (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if event either Party believes that a particular joint research project may lead to under this Agreement will lead, or has led led, to the creation or furnishing of Intellectual Property intellectual property of a type that is not protected by the applicable laws of the other PartyRussian Federation or the United States of America, the Parties shall immediately hold discussions consultations to determine the allocation of the rights to the Intellectual Propertysaid intellectual property. Such joint activities shall be suspended during the consultations unless otherwise agreed to by the Parties. If an no agreement cannot can be reached within three months of a three-month period from the date of the initiation request for consultations, the Parties shall cease the cooperation under the project in question. C. Rights to background intellectual property may be transferred by the Parties and their participants through license agreements between individuals and/or legal entities. Such license agreements may reflect the following: 1. definitions, 2. identification of intellectual property being licensed and the scope of the discussions, cooperation on the Project in question shall be terminated at the request license, 3. royalty rates and other compensation; 4. requirements for protection of either Partybusiness-confidential information, 5. Creators of Intellectual Property shall nonetheless be entitled requirement to awards, bonuses and royalties in accordance comply with the policies relevant intellectual property and export control laws of the institution employing or sponsoring that person. (d) For each invention made under any Cooperative ActivityRussian Federation and the United States of America, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation 6. procedures for record keeping and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.reporting,

Appears in 1 contract

Samples: Cooperation Agreement

Allocation of Rights. A. Each To the extent consistent with applicable law, each Party shall be entitled to a non-non- exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. B. Rights To the extent consistent with applicable law, rights to all forms of Intellectual Propertyintellectual property, other than those rights described in paragraph IIIA IIIA. above, shall be allocated as follows: (1) Visiting researchers shall receive, for any intellectual property they create, receive rights, awards, bonuses and royalties in accordance with the policies of the host institution. (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the Parties or their Participants shall jointly develop provisions of a Technology Management Plan regarding ownership and exploitation rights to Intellectual Property created in the course of the Cooperative Activities other than those covered by paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider the relative contributions of the Parties, Participants and Contractors to the Cooperative Activities, the degree of commitment in obtaining legal protection and licensing of the Intellectual Property, and such other factors as are deemed appropriate. (b) If the Parties or their Participants do not agree on provisions of a Technology Management Plan under subparagraph (a) within a reasonable time, not to exceed six months from the time a Party becomes aware of the creation of Intellectual Property created in the course of the Cooperative Activities, the Parties or their Participants shall resolve the matter in accordance with the provisions of paragraph II (C) of this Annex. Pending resolution of the matter, any Intellectual Property Any intellectual property created by persons employed or sponsored by one Party under Cooperative Activities cooperative activities other than those covered by paragraph III.B.(1) shall be owned by that Party and Party. Intellectual Property property created by persons employed or sponsored by both Parties shall be jointly owned by the Parties. In addition, but such Intellectual Property each creator shall be commercially exploited only by mutual agreemententitled to awards, bonuses and royalties in accordance with the policies of the institution employing or sponsoring that person. (b) Unless otherwise agreed in an implementing or other arrangement, each Party shall have within its territory a right to exploit or license intellectual property created in the course of the cooperative activities. (c) The rights of a Party outside its territory shall be determined by mutual agreement considering the relative contributions of the Parties and their participants to the cooperative activities, the degree of commitment in obtaining legal protection and licensing of the intellectual property and such other factors deemed appropriate. (d) Notwithstanding paragraphs III B(2)(aIII.B(2)(a) and (b) above, if either Party believes that a particular project may is likely to lead to or has led to the creation of Intellectual Property intellectual property not protected by the laws of the other Party, the Parties shall immediately hold discussions to determine the allocation of rights to the Intellectual Propertyintellectual property. If an agreement cannot be reached within three months of the date of the initiation of the discussions, cooperation on the Project project in question shall be terminated at the request of either Party. Creators of Intellectual Property intellectual property shall nonetheless be entitled to awards, bonuses and royalties as provided in accordance with the policies of the institution employing or sponsoring that personparagraph III.B(2)(a). (de) For each invention made under any Cooperative Activitycooperative activity, the Party employing or sponsoring the inventor(s) shall disclose the invention promptly to the other Party together with any documentation and information necessary to enable the other Party to establish any rights to which it may be entitled. Either Party may ask the other Party in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting its rights in the invention. Unless otherwise agreed in writing, the delay shall not exceed a period of six months from the date of disclosure by the inventing Party to the other Party.

Appears in 1 contract

Samples: Science and Technology Cooperation Agreement

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