Common use of Commercialization of an Invention Through PARTEQ Clause in Contracts

Commercialization of an Invention Through PARTEQ. 16.5.1 If an Inventor elects to use the services of PARTEQ and PARTEQ agrees to commit its resources for the protection and commercialization of the Invention, the sharing of net revenues will be in accordance with the business practices of PARTEQ, as approved by its Board of Directors, or in accordance with the agreement between the Inventor(s) and PARTEQ. The University shall require PARTEQ to make available on its website its standard intellectual property agreement with Inventors. 16.5.2 An agreement between an Inventor and PARTEQ may provide for the waiver by the Inventor of moral rights respecting modification. 16.5.3 The University shall require that all agreements between an Inventor and PARTEQ shall contain a provision for the settlement of disputes by arbitration, with the costs to be divided equally. The University undertakes to make all reasonable efforts to assist in the resolution of such disputes. Any periodic review of the relationship with PARTEQ by the University shall take fully into account the level of satisfaction of Inventors who have contracts with PARTEQ. 16.5.4 Following an agreement pursuant to Article 16.5.1 and prior to the transfer of ownership of any Intellectual Property rights to the University and/or prior to PARTEQ or any corporation or other entity in which PARTEQ has an interest entering into an agreement with a third party in relation to the commercialization of an Invention: (a) The Office of the Vice-Principal (Research) through its delegate, PARTEQ, shall investigate with due diligence the extent of involvement of any and all Contributors and co-Inventors whether or not they are identified on the Invention Disclosure Form (the “Inventorship Investigation”); and (b) The University shall provide the Inventor(s) who has disclosed the Invention with a detailed account of the Inventorship Investigation including the names of all individuals contacted, the date on which each was contacted, and their involvement in the Invention. Each Inventor and co-Inventor, including any co- Inventors identified as a result of the Inventorship Investigation, shall sign an acknowledgement certifying that they are satisfied as to the completeness and accuracy of the Inventorship Investigation. 16.5.5 The University shall require that agreements between an Inventor and PARTEQ in relation to the commercialization of an Invention provide that an Inventor has the right to withdraw from such agreements, prior to PARTEQ or any corporation or other entity in which PARTEQ has an interest entering into an agreement with a third party in relation to the commercialization of such Invention, under the following circumstances: (a) Where the restrictions associated with the exploitation are substantially interfering with the ability of the Inventor to pursue his or her scholarly research and the Inventor agrees not to seek subsequently to exploit the intellectual property for commercial purposes, (b) PARTEQ has failed to bring appropriate skills and effort to bear on the exploitation over a period of time, or (c) Where PARTEQ has provided an Inventorship Investigation to the Inventor in accordance with Article 16.5.4(b) that discloses an additional Inventor(s). The agreement between an Inventor and PARTEQ, pursuant to Article 16.5.1, shall give an Inventor seven (7) days following the receipt of such information to elect to withdraw from such agreement. 16.5.6 The applicability of Article 16.5.5 may be the subject of a grievance under Article 19. 16.5.7 In the case of a withdrawal by an Inventor from an agreement with PARTEQ in accordance with Article 16.5.5(a) and/or (c), the University shall require PARTEQ to agree that the Inventor shall not be obliged to repay the disbursements of PARTEQ. In the case of a withdrawal by an Inventor from an agreement with PARTEQ in accordance with Article 16.5.5(b), the Inventor shall be liable to PARTEQ for its disbursements. The Inventor shall then be reassigned the title and beneficial interest in the Intellectual Property by the University directly or by PARTEQ as required by the University. 16.5.8 The University shall require PARTEQ to notify each Inventor of PARTEQ’s participation in negotiations with a third party in relation to the commercialization of their Invention at least fifteen (15) days prior to PARTEQ entering into an agreement for the commercialization of such Invention. Once an agreement is entered into for the commercialization of the Invention, no further notice shall be required.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

Commercialization of an Invention Through PARTEQ. 16.5.1 If an Inventor elects to use the services of PARTEQ and PARTEQ agrees to commit its resources for the protection and commercialization of the Invention, the sharing of net revenues will be in accordance with the business practices of PARTEQ, as approved by its Board of Directors, or in accordance with the agreement between the Inventor(s) and PARTEQ. The University shall require PARTEQ to make available on its website its standard intellectual property agreement with Inventors. 16.5.2 An agreement between an Inventor and PARTEQ may provide for the waiver by the Inventor of moral rights respecting modification. 16.5.3 The University shall require that all agreements between an Inventor and PARTEQ shall contain a provision for the settlement of disputes by arbitration, with the costs to be divided equally. The University undertakes to make all reasonable efforts to assist in the resolution of such disputes. Any periodic review of the relationship with PARTEQ by the University shall take fully into account the level of satisfaction of Inventors who have contracts with PARTEQ. 16.5.4 Following an agreement pursuant to Article 16.5.1 and prior to the transfer of ownership of any Intellectual Property rights to the University and/or prior to PARTEQ or any corporation or other entity in which PARTEQ has an interest entering into an agreement with a third party in relation to the commercialization of an Invention: (a) The Office of the Vice-Principal (Research) through its delegate, PARTEQ, shall investigate with due diligence the extent of involvement of any and all Contributors and co-Inventors whether or not they are identified on the Invention Disclosure Form (the “Inventorship Investigation”); and (b) The University shall provide the Inventor(s) who has disclosed the Invention with a detailed account of the Inventorship Investigation including the names of all individuals contacted, the date on which each was contacted, and their involvement in the Invention. Each Inventor and co-Inventor, including any co- co-Inventors identified as a result of the Inventorship Investigation, shall sign an acknowledgement certifying that they are satisfied as to the completeness and accuracy of the Inventorship Investigation. 16.5.5 The University shall require that agreements between an Inventor and PARTEQ in relation to the commercialization of an Invention provide that an Inventor has the right to withdraw from such agreements, prior to PARTEQ or any corporation or other entity in which PARTEQ has an interest entering into an agreement with a third party in relation to the commercialization of such Invention, under the following circumstances: (a) Where the restrictions associated with the exploitation are substantially interfering with the ability of the Inventor to pursue his or her scholarly research and the Inventor agrees not to seek subsequently to exploit the intellectual property for commercial purposes, (b) PARTEQ has failed to bring appropriate skills and effort to bear on the exploitation over a period of time, or (c) Where PARTEQ has provided an Inventorship Investigation to the Inventor in accordance with Article 16.5.4(b) that discloses an additional Inventor(s). The agreement between an Inventor and PARTEQ, pursuant to Article 16.5.1, shall give an Inventor seven (7) days following the receipt of such information to elect to withdraw from such agreement. 16.5.6 The applicability of Article 16.5.5 may be the subject of a grievance under Article 19. 16.5.7 In the case of a withdrawal by an Inventor from an agreement with PARTEQ in accordance with Article 16.5.5(a) and/or (c), the University shall require PARTEQ to agree that the Inventor shall not be obliged to repay the disbursements of PARTEQ. In the case of a withdrawal by an Inventor from an agreement with PARTEQ in accordance with Article 16.5.5(b), the Inventor shall be liable to PARTEQ for its disbursements. The Inventor shall then be reassigned the title and beneficial interest in the Intellectual Property by the University directly or by PARTEQ as required by the University. 16.5.8 The University shall require PARTEQ to notify each Inventor of PARTEQ’s participation in negotiations with a third party in relation to the commercialization of their Invention at least fifteen (15) days prior to PARTEQ entering into an agreement for the commercialization of such Invention. Once an agreement is entered into for the commercialization of the Invention, no further notice shall be required.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

Commercialization of an Invention Through PARTEQ. 16.5.1 If an Inventor elects to use the services of PARTEQ and PARTEQ agrees to commit its resources for the protection and commercialization of the Invention, the sharing of net revenues will be in accordance with the business practices of PARTEQ, as approved by its Board of Directors, or in accordance with the agreement between the Inventor(s) and PARTEQ. The University shall require PARTEQ to make available on its website its standard intellectual property agreement with Inventors. 16.5.2 An agreement between an Inventor and PARTEQ may provide for the waiver waiverassignment by the Inventor of moral rights respecting modification. 16.5.3 The University shall require that all aAll agreements between an Inventor and PARTEQ shall contain a provision for the settlement of disputes by arbitration, with the costs to be divided equally. The University undertakes to make all reasonable efforts to assist in the resolution of such disputes. Any periodic review of the relationship with PARTEQ by the University shall take fully into account the level of satisfaction of Inventors who have contracts with PARTEQ. 16.5.4 Following an agreement pursuant to Article 16.5.1 and prior to the transfer of ownership of any Intellectual Property rights to the University and/or prior to PARTEQ or any corporation or other entity in which PARTEQ has an interest entering into an agreement with a third party in relation to the commercialization of an Invention: (a) The Office of the Vice-Principal (Research) through its delegate, PARTEQ, shall investigate with due diligence the extent of involvement of any and all Contributors and co-Inventors whether or not they are identified on the Invention Disclosure Form (the “Inventorship Investigation”); and (b) The University shall provide the Inventor(s) who has disclosed the Invention with a detailed account of the Inventorship Investigation including the names of all individuals contacted, the date on which each was contacted, and their involvement in the Invention. Each Inventor and co-Inventor, Inventor including any co- Inventors identified as a result of the Inventorship Investigation, Investigation shall sign an acknowledgement certifying that they are satisfied as to the completeness and accuracy of the Inventorship Investigation. 16.5.5 The University shall require that agreements between an Inventor and PARTEQ in relation to the commercialization of an Invention provide that an Inventor has the right to withdraw from such agreements, prior to PARTEQ or any corporation or other entity in which PARTEQ has an interest entering into an agreement with a third party in relation to the commercialization of such Invention, under the following circumstances: (a) Where the restrictions associated with the exploitation are substantially interfering with the ability of the Inventor to pursue his or her scholarly research and the Inventor agrees not to seek subsequently to exploit the intellectual property for commercial purposes, (b) PARTEQ has failed to bring appropriate skills and effort to bear on the exploitation over a period of time, or (c) Where PARTEQ has provided an Inventorship Investigation to the Inventor in accordance with Article 16.5.4(b) that discloses an additional Inventor(s). The agreement between an Inventor and PARTEQ, pursuant to Article 16.5.1, shall give an Inventor seven (7) days following the receipt of such information to elect to withdraw from such agreement. 16.5.6 The applicability of Article 16.5.5 may be the subject of a grievance under Article 19. 16.5.7 In the case of a withdrawal by an Inventor from an agreement with PARTEQ in accordance with Article 16.5.5(a) and/or (c), the University shall require PARTEQ to agree that the Inventor shall not be obliged to repay the disbursements of PARTEQ. In the case of a withdrawal by an Inventor from an agreement with PARTEQ in accordance with Article 16.5.5(b), the Inventor shall be liable to PARTEQ for its disbursements. The Inventor shall then be reassigned the title and beneficial interest in the Intellectual Property by the University directly or by PARTEQ as required by the University. 16.5.8 The University shall require PARTEQ to notify each Inventor of PARTEQ’s participation in negotiations with a third party in relation to the commercialization of their Invention at least fifteen (15) days prior to PARTEQ entering into an agreement for the commercialization of such Invention. Once an agreement is entered into for the commercialization of the Invention, no further notice shall be required.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!