Common use of Common Results and Common Patents Clause in Contracts

Common Results and Common Patents. Any and all Common Results and relating Common Patents are jointly owned by the Parties, according to a distribution based on their respective financial, material and human contributions. As a reminder, the Common Results and Common Patents shall not in any case include any of the Parties’ Background IP and/or Own Results, which shall remain the sole property of these latter. In case of Common Results and/or Common Patents, the Parties will meet without undue delay, in order to conclude a co-ownership and exploitation agreement on Common Patents, which will determine the rules applicable to said co-ownership and the Parties exploitation rights. Notwithstanding the provisions of § 9.3, if the Parties cannot reach an agreement on the abovementioned co-ownership and exploitation agreement on the Common Results and/or the Common Patents, at the term of a 6 (six) months period as from the first notification on the subject, the Parties will designate amicably an expert. In case of disagreement on the designation of such expert, after a thirty (30) days period, the most diligent Party shall have grounds to request the designation of an expert, by order of the President of the relevant Court, in application of provisions of article 9.1 below, acting in summary proceedings, and without recourse. In all cases, the opinion of the designated expert will bind the Parties. Provisions of articles 5.4 and 5.5 shall apply to Common Results and Common Patents. Provisions of the present article 5.3 shall remain in full force and effect until the last right on the Common Results and/or the Common Patents regularly falls into the public domain, through no breach of this Agreement.

Common Results and Common Patents. Any and all Common Results and relating Common Patents are jointly owned by the Parties, according to a distribution based on their respective financial, material and human contributions. As a reminder, the Common Results and Common Patents shall not in any case include any of the Parties’ Background IP and/or Own Results, which shall remain the sole property of these latter. In case of Common Results and/or Common Patents, the Parties will meet without undue delay, in order to conclude a co-ownership and exploitation agreement on Common Patents, which will determine the rules applicable to said co-ownership and the Parties exploitation rights. Notwithstanding the provisions of § 9.3, if the Parties cannot reach an agreement on the abovementioned co-ownership and exploitation agreement on the Common Results and/or the Common Patents, at the term of a 6 (six) months period as from the first notification on the subject, the Parties will designate amicably an expertexpert (i.g. an experienced IP attorney) who will mediate the dispute regarding the terms of the agreement. In case of disagreement on the designation of such expert, after a thirty (30) days period, the most diligent Party shall have grounds to request the designation of an expert, by order of the President of the relevant Court, in application of provisions of article 9.1 below, acting in summary proceedings, and without recourse. In all cases, the opinion of the designated expert will bind the Parties. Provisions of articles 5.4 and 5.5 shall apply to Common Results and Common Patents. Provisions of the present article 5.3 shall remain in full force and effect until the last right on the Common Results and/or the Common Patents regularly falls into the public domain, through no breach of this Agreement.