Background Intellectual Clause Samples
The 'Background Intellectual' clause defines and identifies intellectual property that a party owns or controls prior to entering into an agreement, or that is developed independently outside the scope of the current collaboration. In practice, this clause typically requires each party to list or describe their pre-existing patents, copyrights, trademarks, or other proprietary materials that will be used or referenced during the project. Its core function is to clearly distinguish between pre-existing intellectual property and any new intellectual property created during the collaboration, thereby preventing disputes over ownership and ensuring that each party retains rights to their original assets.
Background Intellectual. Property means, in connection to a Party, its Know-how and Intellectual Property Rights as listed at 1.1(q).
Background Intellectual. Property Rights shall remain the sole property of the party from whom it originates.
Background Intellectual. Property means all technical know-how and information known to either Party at the date of this Agreement of a confidential nature not in the public domain, together with all intellectual property rights owned by or licensed to either Party at the date of this Agreement and, following the date of this Agreement, all technical know-how and information of a confidential nature (prior to it coming into the public domain) and intellectual property rights owned by or licensed to either Party which is not Foreground Intellectual Property; Change means an alteration to the Service; Collaboration means the arrangements between the Parties to collaborate in service delivery to the mutual benefit of both organisations and the public in accordance with the Principles of Collaboration; Commencement Date [Date]; Contract Standards means the Services are delivered:
Background Intellectual. Property Notwithstanding section 6.1, Allelix represents to the Minister that:
(a) Allelix holds exclusive, worldwide, transferable intellectual property rights required to fully perform the Project through a license agreement entered into with ▇▇. ▇▇▇▇▇▇ ▇. Drucker, M.D. and 1149336 Ontario Inc. on 5 September 1995, and has sub-licensing rights;
(b) to the best of Allelix's knowledge, there is no broad third party patents that would block the use of the technology developed under this Agreement;
(c) nothing in the above referred to licencing agreement would prevent Allelix from fulfilling its obligations under this Agreement and marketing the Resulting Product as represented to the Minister and in accordance with the Sales and Royalty Payments Projections (Schedule C) with the exception of subsection 6.4 (b) respecting ▇▇. ▇▇▇▇▇▇▇'▇ and 1149336 Ontario Inc.'s rights of first refusal for patent applications.
Background Intellectual. Property means Intellectual Property Rights in the Deliverables which were not specifically created as part of the Services (including the pre-existing Intellectual Property Rights of the Consultant and Intellectual Property Rights of third parties).