Background excluded. “Negative List”
9.1.1 Each Party identifies in itemised form in Attachment 1B its Background which is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. All other Background is considered Background of that Party made available for granting Access Rights. In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B at its own discretion.
9.1.2 Notwithstanding anything else in this PCA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this PCA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any of its Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall therefore be deemed Background made available for Access Rights by that Party in accordance with the GA and this PCA.
9.1.3 Regarding such Listed Background referred to in the last sentence of Section 9.1.2, the following shall apply:
a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms.
b) If the terms under the GA and/or this PCA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and another Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms.
Background excluded. 9.1.1 In Attachment 1, the Parties have identified the Background to be excluded for the Project. ‘Background’ means any data, know-how or information — whatever its form or nature (tangible or intangible) including copyrights or other intellectual property rights pertaining to such information— that: is held by the Parties before they acceded to the Agreement, and is Needed to implement the Project or exploit the results. Anything identified in Attachment 1 shall not be the object of Access Right obligations regarding Background.
9.1.2 Any Party can notify the Management Board to modify its Background excluded in Attachment 1.
Background excluded. “Negative List”
9.1.1 Each Party identifies in itemised form in Attachment 1B its Background which is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B on its own motion.
9.1.2 Notwithstanding anything else in this CA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this CA (“Listed Background”). Each Party agrees not to use, in the implementation of the Action, any Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall not be excluded from obligations to grant Access Rights in accordance with the GA and this CA.
9.1.3 Notwithstanding anything else in this CA, the following shall apply:
(a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms.
(b) If the terms under the GA and/or this CA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms.
(c) If for any Background the grant of Access Rights under the GA and/or this CA would require any form of consent of or compensation to a Party or a third party, such Background is deemed to be listed in Attachment 1B as excluded.
(d) If Background is or at any time becomes licensed by the owner as essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Background via the standard shall be the prevailing terms.
Background excluded. For the avoidance of doubt, the Parties agree that MU’s Background shall not include the following
(a) any of MU’s current or future data, know-how or information that is not necessary for the implementation of the Project; the Parties agree that MU’s data, know-how or information shall be regarded as not being necessary for the implementation of the Project and/or for the Exploitation of the Results if MU’s data, know-how or information are not necessary for the delivery by one of the Parties of a particular deliverable mentioned in Annex 1 to the Grant Agreement;
(b) any data, know-how or information that MU will generate independently without any connection to the Project;
Background excluded. For the avoidance of doubt, the Parties agree that AXON’s Background shall not include the following
(a) any of AXON’s current or future data, know-how or information that is not necessary for the implementation of the Project; the Parties agree that AXON’s data, know-how or information shall be regarded as not being necessary for the implementation of the Project and/or for the Exploitation of the Results if AXON’s data, know-how or information are not necessary for the delivery by one of the Parties of a particular deliverable mentioned in Annex 1 to the Grant Agreement;
(b) any data, know-how or information that AXON will generate independently without any connection to the Project;
(c) with regard to AXON’s AADvac vaccine and/or AXON’s therapy and diagnosis in Alzheimer’s Disease or other Tauopathy, any intellectual property rights, data, knowhow or information arising from or relating to AXON’s patent applications submitted
(i) to the World Intellectual Property Organization and published under no. WO/2013/041962 (title: “PROTEIN-BASED THERAPY AND DIAGNOSIS OF TAU-MEDIATED PATHOLOGY IN ALZHEIMER'S DISEASE”);
(ii) to the World Intellectual Property Organization and published under no. WO/2016/079597A1 (title: “HUMANIZED TAU ANTIBODIES IN ALZHEIMER’S DISEASE”); and
(iii) to the World Intellectual Property Organization and published under no. WO/2019/1862276A2 (title: “ANTIBODY-BASED METHODS OF DETECTING AND TREATING ALZHEIMER’S DISEASE”); and
(d) with regard to AXON’s transgenic models, any intellectual property rights, data, knowhow or information arising from or relating to patent applications submitted by AXON NEUROSCIENCE FORSCHUNGS- UND ENTWICKLUNGS GMBH, Rennweg 00x, X-0000 Xxxxxx, Xxxxxxx, AXON’s legal predecessor whose intellectual property rights were duly acquired by AXON,
(i) to the World Intellectual Property Organization and published under no WO/2004/007722 (title: “Transgenic Animal Expressing Alzheimer's Tau Protein”); and
(e) any other intellectual property rights, data, know-how or information arising from or relating to any other patent applications submitted by AXON or by its legal predecessors at the time of signature of this Partnership Agreement. (the patent applications mentioned in letters (c) to (e) are hereinafter referred to as “AXON’s Patent Applications”).
Background excluded. 9.2.1. Background not listed for a ‘Research Area’ shall be excluded from Access Rights. A Party shall however not exclude or fail to divulge the existence of any Background information which may affect foreseeable Foreground.
Background excluded. 9.2.1. Background not listed for a Project shall be excluded from Access Rights. A Party shall however not exclude or fail to divulge the existence of any Background information which may affect foreseeable Foreground.
Background excluded. Background excluded from Access Rights:
1. The University of Westminster (UoW), 000 Xxxxxx Xxxxxx, Xxxxxx, X0X 0XX, Xxxxxx Xxxxxxx, hereby excludes from the obligation to grant Access Rights to Background for use by the Consortium: ...
Background excluded. In accordance with and subject to the provisions of the EC-GA, any Party shall enter in Attachment 1 any specific Background excluded from the obligation to grant Access Rights in accordance with the provisions of this Consortium Agreement. All other Background not listed in Attachment 1 shall be available for the granting of Access Rights in accordance with the provisions of this Consortium Agreement.
Background excluded. 9.1.1 In Attachment 1, the Parties have identified the Background to be excluded for the Project. Anything identified in Attachment 1 shall not be the object of Access Rights. obligations regarding Background.
9.1.2 Any Party can notify the Management Board to modify its Background excluded in Attachment 1.
