Common use of Data Ownership and Intellectual Property Clause in Contracts

Data Ownership and Intellectual Property. (a) Sponsor shall retain ownership of all completed case report forms and data generated as a result of the Study. Institution shall have the right to maintain a copy of all Study data for educational, auditing, archival, patient care and/or research purposes and to use Study results for publication purposes as outlined in Article 11. All other original records of work completed under this Agreement including patient medical records, laboratory records and reports, scans, films and information pre-existing in Institution’s databases shall be and remain Institution’s property. (b) If biological materials will be used or obtained in the performance of the Study, Xxxxxxx agrees to reimburse Institution for the cost of shipping such biological materials to Sponsor. The term “biological materials” shall include the materials derived from subjects enrolled in the Study and used pursuant to the approved Protocol, including, but not limited to, blood, bone marrow, urine, sera and other human tissue or fluids. At no time shall any biological materials be used by Sponsor for any purpose other than as described in the Protocol or transferred to any third party without Institution’s prior written consent. Upon completion or termination of the Study, all unused biological materials shall be destroyed as required under any law or regulation or stored as permitted by the Protocol and applicable law and regulation. (c) Institution understands and acknowledges that the Study (Drug/Device) that is being provided to Institution for the purpose of conducting this Study is the property of Sponsor and/or that the Study (Drug/Device) is subject to certain intellectual property rights owned by or licensed to Sponsor. This Agreement shall not be deemed or construed to convey or transfer any rights with respect to the Study (Drug/Device) or with respect to any of such existing intellectual property rights to Institution except insofar as necessary to permit Institution to conduct the Study which is the subject of this Agreement. (d) For all purposes herein, “Invention” shall mean any discovery, improvement, concept or idea which arises out of work performed pursuant to the Study and which involve the use of the Sponsor’s drug/device. Institution Inventions shall be the sole and exclusive property of Sponsor. Institution will disclose promptly to Sponsor any and all Institution Inventions, patentable or not, arising out of the work pursuant to the Study and complete any paperwork necessary to vest title in such Invention in the Sponsor.

Data Ownership and Intellectual Property. (a) Sponsor shall retain ownership of all completed case report forms and data generated as a result of the Study. Institution shall have the right to maintain a copy of all Study data for educational, auditing, archival, patient care and/or research purposes and to use Study results for publication purposes as outlined in Article 11. All other original records of work completed under this Agreement including patient medical records, laboratory records and reports, scans, films and information pre-existing in Institution’s databases shall be and remain Institution’s property. (b) If biological materials will be used or obtained in the performance of the Study, Xxxxxxx Sponsor agrees to reimburse Institution for the cost of shipping such biological materials to Sponsor. The term “biological materials” shall include the materials derived from subjects enrolled in the Study and used pursuant to the approved Protocol, including, but not limited to, blood, bone marrow, urine, sera and other human tissue or fluids. At no time shall any biological materials be used by Sponsor for any purpose other than as described in the Protocol or transferred to any third party without Institution’s prior written consent. Upon completion or termination of the Study, all unused biological materials shall be destroyed as required under any law or regulation or stored as permitted by the Protocol and applicable law and regulation. (c) Institution understands and acknowledges that the Study (Drug/Device) that is being provided to Institution for the purpose of conducting this Study is the property of Sponsor and/or that the Study (Drug/Device) is subject to certain intellectual property rights owned by or licensed to Sponsor. This Agreement shall not be deemed or construed to convey or transfer any rights with respect to the Study (Drug/Device) or with respect to any of such existing intellectual property rights to Institution except insofar as necessary to permit Institution to conduct the Study which is the subject of this Agreement. (d) For all purposes herein, “Invention” shall mean any discovery, improvement, concept or idea which arises out of work performed pursuant to the Study and which involve the th use of the Sponsor’s drug/device. .. Institution Inventions shall be the sole and exclusive property of Sponsor. Institution will disclose promptly to Sponsor any and all Institution Inventions, patentable or not, arising out of the work pursuant to the Study and complete any paperwork necessary to vest title in such Invention in the Sponsor.

Data Ownership and Intellectual Property. (a) Sponsor shall retain ownership of all completed case report forms and data generated as a result of the Study. Institution and the Huntington Study Group shall have the right to maintain a copy of all Study data for educational, auditing, archival, patient care and/or research purposes and to use Study results for publication purposes as outlined in Article 11. All other patient medical records being original records of work completed under this Agreement including patient medical recordsincluding, laboratory records and reports, scans, films and information pre-existing in Institution’s databases shall be and remain Institution’s property. (b) If biological materials will be used or obtained in the performance of the Study, Xxxxxxx Sponsor agrees to reimburse Institution for the cost of shipping such biological materials to Sponsor. The term “biological materials” shall include the materials derived from subjects enrolled in the Study and used pursuant to the approved Protocol, including, but not limited to, blood, bone marrow, urine, sera and other human tissue or fluids. At no time shall any biological materials be used by Sponsor for any purpose other than as described in the Protocol or transferred to any third party without Institution’s prior written consent. , Upon completion or termination of the Study, all unused biological materials shall be destroyed as required under any law or regulation or stored as permitted by the Protocol and applicable law and regulation. (c) Institution understands and acknowledges that the Study (Drug/Device) Drug that is being provided to Institution for the purpose of conducting this Study is the property of Sponsor and/or that the Study (Drug/Device) Drug is subject to certain intellectual property rights owned by or licensed to Sponsor. This Agreement shall not be deemed or construed to convey or transfer any rights with respect to the Study (Drug/Device) Drug or with respect to any of such existing intellectual property rights to Institution except insofar as necessary to permit Institution to conduct the Study which is the subject of this Agreement. (d) For all purposes herein, “Invention” shall mean any discovery, improvement, concept or idea which arises out of work performed pursuant to the Study and which involve the use of the Sponsor’s drug/device. Institution Inventions shall be the sole and exclusive property of Sponsor. Institution will disclose promptly to Sponsor any and all Institution Inventions, patentable or not, arising out of the work pursuant to the Study and complete any paperwork necessary to vest title in such Invention in the Sponsor.