Common use of Confidentiality Publication Clause in Contracts

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 3 contracts

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization, Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization, Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

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Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this SBIR/STTR project Project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this of the SBIR/STTR projectProject . However, the publishing party shall provide the other party a thirty-thirty (30) day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ thirty (30) additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 2 contracts

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization, Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide will give a right of refusal to the other party with respect to a thirty-proposed publication, as well as a _____ day period in which to review proposed publications, identify proprietary or confidential information, publications and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party , which will give be given full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to ______ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 2 contracts

Samples: Cooperative R&d Agreement, Model Allocation of Rights Agreement

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide will negotiate the right of refusal with the other party with respect to a thirty-proposed publication, as well as a day period in which to review proposed publications, identify proprietary or confidential information, publications and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party , which will give be given full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 2 contracts

Samples: Intellectual Property Rights Agreement, Cooperative Agreement

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a partyParty, as well as other proprietary or confidential information of a partyParty, disclosed by that party Party to the other in connection with this STTR project shall be received and held in confidence by the receiving party Party and, except with the consent of the disclosing party Party or as permitted under this Agreement, neither used by the receiving party Party nor disclosed by the receiving party Party to othersothers for a period of three (3) years from the date of disclosure by the disclosing Party to the receiving Party, provided that the receiving party Party has notice that such information is regarded by the disclosing party Party as proprietary or confidentialconfidential and that the information is properly marked and dated. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party Party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party Party from a source reasonably believed to be independent of the disclosing party Party or is developed by or for the receiving party Party independently of its disclosure by the disclosing partyParty. (b) Subject to the terms of paragraph (a) above, either party Party may publish its results from this STTR project. However, the publishing party Party shall provide the other party Party a thirty-thirty- (30) day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party Party shall not publish or otherwise disclose proprietary or confidential information identified by the other party Party and the publishing party Party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing partyParty, publication will be deferred for up to _____ thirty (30) additional days for preparation and filing of a patent application which the reviewing party Party has the right to file or to have filed at its request by the publishing partyParty.

Appears in 2 contracts

Samples: Agreement on Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization, Agreement on Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to ____90_ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a partyParty, as well as other proprietary or confidential information of a partyParty, disclosed by that party Party to the other others in writing, clearly labeled as confidential in connection with this STTR Internship project shall be received and held in confidence by the receiving party and, Parties and except with the consent of the disclosing party Party or as permitted under this Agreement, neither used by the receiving party Parties nor disclosed by the receiving party Parties to othersothers for a period of five (5) years following the termination of this agreement, provided that the receiving party has Parties have notice that such information is regarded by the disclosing party Party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party Parties after such information is or becomes known to the public without breach of this provision or is or becomes known to the a receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party Party independently of its disclosure by the disclosing partyParty or is required to be disclosed by law or government regulation. (b) Subject to the terms of paragraph (a) above, either party any of the Parties may publish its results from this STTR Internship project. However, the publishing party shall Party will provide a copy to the other party Parties with respect to a thirty-proposed publication, as well as a thirty (30) day period in which to review proposed publications, identify proprietary or confidential information, publications and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party , which will give be given full consideration to all comments before publication. Furthermore, upon request of any of the reviewing partyParties, publication will be deferred for up to _____ sixty (60) additional days for preparation and filing of a patent application which the a reviewing party Party has the right to file or to have filed at its request by the publishing partyParty.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) . Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence for five years by the receiving party from the date of last signature below and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day (30) period in which to review proposed publications, to identify proprietary or confidential and patentable information, and to submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ sixty (60) additional days for preparation and filing of a patent application or other form of intellectual property protection, as appropriate, which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary property or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. , However, the publishing party shall provide will negotiate the right of review with the other party with respect to a thirty-proposed publication, as well as a 30 day period in which to review proposed publications, identify proprietary or confidential information, publications and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party , which will give be given full consideration to all comments before publication. Furthermore, upon request of the reviewing partyparry, publication will be deferred for up to _____ 150 additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Subcontract Agreement (Superconductive Components Inc)

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a partyParty, as well as other proprietary or confidential information of a partyParty, disclosed by that party Party to the other in connection with this the STTR project Project shall be received and held in confidence for a period of 5 years by the receiving party Party and, except with the consent of the disclosing party Party or as permitted under this Agreement, or as required by law or regulation, neither used by the receiving party Party nor disclosed by the receiving party to others, provided that the receiving party Party has notice that such information is regarded by the disclosing party Party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party Party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party Party from a source reasonably believed to be independent of the disclosing party Party or is developed by or for the receiving party Party independently of its disclosure by the disclosing partyParty. (b) Project Intellectual Property may be disclosed to third parties provided that any such third party executes a confidential disclosure and limited use agreement previously approved by both Parties. (c) Background Intellectual Property may only be disclosed by the owning Party. (d) Subject to the terms of paragraph paragraphs (a), (b) and (c) above, either party Party may publish its results from this the STTR projectProject. However, the publishing party Party shall provide the other party Party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party Party shall not publish or otherwise disclose proprietary or confidential information identified by the other party Party and the publishing party Party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing partyParty, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party Party has the right to file or to have filed at its request by the publishing partyParty.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR SBIR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this SBIR Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR SBIR project. However, the publishing party shall provide the other party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ 60 additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Sbir Program Agreement

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

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Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Model Agreement for Allocation of Rights in Intellectual Property

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day (30 day) period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _90____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

Confidentiality Publication. (a) Background Intellectual Property A. The free dissemination of information is an essential and Project Intellectual Property long-standing policy of UNIVERSITY. However, under exceptional circumstances, UNIVERSITY recognizes that it may properly hold in confidence proprietary information supplied by a partysponsor. Accordingly, as well as other UNIVERSITY's acceptance and use of any proprietary or confidential information which may be supplied by COMPANY in the course of a party, disclosed by that party to the other in connection with this STTR research project shall be received and held subject to the following: the information must be marked or designated in confidence by writing as proprietary to COMPANY. UNIVERSITY retains the receiving party and, except with right to refuse to accept any such proprietary information which it does not consider to be essential to the consent completion of the disclosing party project or which it believes to be improperly designated, or for any other reason. Where UNIVERSITY does accept such information as permitted under this Agreementproprietary, neither used it agrees to exercise all reasonable efforts not to publish or otherwise reveal the information to others outside UNIVERSITY without the permission of COMPANY, unless the information has already been published or disclosed publicly by the receiving party nor third parties or is required to be disclosed by the receiving party to others, provided that the receiving party has notice order of a court of law. It is agreed that such reasonable efforts by UNIVERSITY will be in lieu of all other obligations or liabilities of UNIVERSITY relative to proprietary information. Access to proprietary information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply be a condition precedent to use or disclosure meaningful participation by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing partystudents at UNIVERSITY. (b) B. Subject to the terms of paragraph (aA) above, either party Party may publish its results from this STTR projectSBIR Project. However, the publishing party Party shall provide the other party Party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party Party shall not publish or otherwise disclose proprietary or confidential information identified by the other party Party and the publishing party Party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing partyParty, publication will be deferred for up to _____ thirty (30) additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing partyapplication.

Appears in 1 contract

Samples: Collaborative Research Agreement

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a partyProperty, as well as other proprietary or confidential information of a party, Party disclosed by that party orally or in tangible form to the other Party in connection with this STTR SBIR project shall be reduced to writing (within thirty days of oral disclosures), marked “Confidential,” and received and held in confidence by the receiving party andfor a period of three (3) years from the date of disclosure. The following information shall not be considered confidential: i) information that is now in the public domain or subsequently enters into the public domain, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without through breach of this provision or is or becomes known Agreement by receiving party; ii) information that was in receiving party’s possession prior to the receiving party from a source reasonably believed to be independent of the disclosure by disclosing party hereunder as evidenced by written records, and was not acquired directly or is indirectly from disclosing party; iii) information that was developed by or for the receiving party independently from its own independent sources as evidenced by written records; iv) information that receiving party receives from any third party not under any obligation to disclosing party to keep such information confidential; and v) information that is required to be disclosed by applicable statute or regulation or by judicial or administrative process, provided that receiving party shall use reasonable efforts under the circumstances to notify disclosing party of its disclosure by such requirement so as to provide disclosing party the disclosing party.opportunity to obtain such protective orders or other relief as the compelling court or other entity may grant, (b) Subject to the terms of paragraph (a) above, either party Party may publish its results from this STTR project. However, the publishing party shall SBIR project and each Party agrees to provide another copy of any such publications within thirty (30) days of submission to provide the other party a thirty-day period in which Party time to review the proposed publications, identify proprietary or confidential informationmaterial on which patent applications should be filed, and submit other comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party Each Party will give full serious and good-faith consideration to all any comments before publication. Furthermore, upon request of received from the reviewing party, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing partyother.

Appears in 1 contract

Samples: Sbir Phase I Agreement (Shuttle Pharmaceuticals, Inc.)

Confidentiality Publication. (a) Background Intellectual Property The free dissemination of information is an essential and Project Intellectual Property long-standing policy of U of A. However, under exceptional circumstances, U of A recognizes that it may properly hold in confidence data supplied by a sponsor which U of A considers essential for the conduct of a partyresearch program. Accordingly, as well as other U of A's acceptance and use of any proprietary or confidential information data which may be supplied by SBC in the course of a party, disclosed by that party to the other in connection with this STTR research project shall be received and held subject to the following: The data must be marked or designated in confidence by writing as proprietary to SBC. U of A retains the receiving party and, except with right to refuse to accept any such data which it does not consider to be essential to the consent completion of the disclosing party project or which it believes to be improperly designated, or for any other reason. Where U of A does accept such data as permitted under this Agreementproprietary, neither used it agrees to exercise all reasonable efforts not to publish or otherwise reveal the data to others outside U of A without the permission of SBC, unless the data has already been published or disclosed publicly by the receiving party nor third parties or is required to be disclosed by the receiving party to others, provided that the receiving party has notice order of a court of law. It is agreed that such information is regarded reasonable efforts by the disclosing party as U of A will be in lieu of all other obligations or liabilities of U of A relative to Proprietary Information. Access to proprietary or confidential. However, these confidentiality obligations data shall not apply be a condition precedent to use or disclosure meaningful participation by the receiving party after such information is or becomes known to the public without breach students at U of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party.A. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day (30) period in which to review proposed publications, identify proprietary or confidential and patentable information, and to submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ sixty (60) additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Collaboration Agreement

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) . Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide will give a right of refusal to the other party with respect to a thirty-proposed publication, as well as a _____ day period in which to review proposed publications, identify proprietary or confidential information, publications and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party , which will give be given full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to ______ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Model Allocation of Rights Agreement

Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall will be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall will not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party. (b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-30 day period in which to review proposed publications, identify proprietary or confidential and patentable information, and to submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ 60 additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.

Appears in 1 contract

Samples: Allocation of Rights in Intellectual Property and Rights to Carry Out Follow on Research, Development, or Commercialization

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