Exploitation of Intellectual Property. 15.1 The Company shall promptly inform the Monitoring Agent in writing of:
15.1.1 any Project Intellectual Property upon its creation, which is capable of exploitation whether patentable or not; and
15.1.2 any Project Intellectual Property upon its creation which consists of results, designs, discoveries, inventions or matters which may form the subject of an application for a patent or other form of Intellectual Property Rights protection.
15.2 The Company shall devise, publish, implement and maintain procedures for the management of Project Intellectual Property and in particular, but without limitation, shall use all reasonable endeavours to ensure that:
15.2.1 the Results arising out of the Project are identified, recorded and distinguished from the outputs of its other research;
15.2.2 prior to any publication of the Results of the Project, patentable inventions arising from the Results are identified, duly considered for patentability and, where it is reasonable so to do, patent applications in respect thereof are filed at the British or European Patent Office; and
15.2.3 all such patent applications are diligently prosecuted having regard to all relevant circumstances.
15.3 The Company shall permit the Monitoring Agent to monitor the operation and effectiveness of the Company's procedures for the management of Intellectual Property Rights in such a way as the Hospital considers reasonably necessary.
15.4 The Company shall ensure that no provisions are included in employment contracts with its staff which are inconsistent with the requirements of this Agreement that the Company is the first owner of Project Intellectual Property.
15.5 The Company will provide the Agent with such information that the Agent and/or the Hospital may reasonably request from time to time to demonstrate that the Company is exploiting or is taking reasonable steps towards exploiting the Project Intellectual Property.
15.6 Subject to any of its obligations of confidentiality under this Agreement, the Company shall use its best endeavours to:
15.6.1 promote the dissemination of the Results of the Project; and
15.6.2 where reasonable, exploit commercially such Results to generate capital, revenue or other monetary return.
15.7 The Company will notify the Agent if the Company decides not to proceed with the exploitation of any of the Project Intellectual Property and will, if requested to do so by Agent or the Hospital, assign the Project Intellectual Property to the Hospital or...
Exploitation of Intellectual Property. 17.1 The Contractor shall inform the Authority of any Results which are capable of exploitation whether patentable or not.
17.2 The Contractor shall as appropriate devise, publish, implement and maintain procedures for the management of Intellectual Property in the Results and in particular, but without limitation, shall use all reasonable endeavours to ensure that: the Results of the Project are identified, recorded and carefully distinguished from the outputs of other research;
Exploitation of Intellectual Property. (1) The Contractor shall inform the Authority of any Arising Intellectual Property, Data, results, outcomes or conclusions which are created in performing the Services and which are capable of exploitation whether patentable or not.
(2) The Contractor shall, as appropriate, devise, publish, implement and maintain procedures for the management of Arising Intellectual Property and in particular, but without limitation, shall use its best endeavours to ensure that:
a) the Data which constitutes Arising Intellectual Property is identified, recorded and carefully distinguished from the outputs of other research;
b) prior to any publication of materials created in the course of performing the Services, patentable inventions comprised within the Arising Intellectual Property are identified, duly considered for patentability and, where it is reasonable so to do, patent applications in respect thereof are filed at the British or European Patent Office; and
c) all such patent applications are diligently executed having regard to all relevant circumstances.
(3) The Contractor shall permit the Authority to monitor the operation and effectiveness of the Contractor’s procedures for the management of Intellectual Property Rights in such a way as the Authority considers reasonably necessary.
(4) Consistent with the good management of Intellectual Property Rights and the continued agreement of the Authority, the Contractor shall use its best endeavours to:
a. promote the dissemination of the Arising Intellectual Property; and
b. once the Contractor has performed the Services to the satisfaction of the Authority, Commercially Exploit any Arising Intellectual Property to generate either capital or revenue or both.
(5) If, within three years of its creation, any Arising Intellectual Property has not been commercially exploited by the Contractor the Contractor shall if requested by the Authority assign the Arising Intellectual Property to the Authority.
(6) The Contractor shall not transfer ownership of the Arising Intellectual Property without the consent of the Authority.
(7) The Authority may, at its absolute discretion, require the Contractor to licence the Arising Intellectual Property to third parties nominated by the Authority. Should the Authority choose to exercise its discretion under this clause, it will notify the Contractor in accordance with clause 3.
Exploitation of Intellectual Property. 1) The Contractor shall inform the Principal of any Results which are capable of exploitation whether patentable or not.
2) The Contractor decides freely to what extent the Results, when possible, should be protected by patents or other intellectual property protection that requires registration. The Contractor is responsible for all costs for registration and bears the risk that such registration is not granted. The Principal and others that have the right to use the result as mentioned above shall not be liable for any loss of rights for the Contractor as a result of its use of the Result.
3) Consistent with the good management of Foreground Intellectual Property and the agreement of the Principal, the Contractor shall use its best endeavors to:
a) promote the dissemination of the Results of the Project; and
b) where reasonable and practicable, exploit commercially such Results to generate either capital or revenue or both.
4) The Contractor may exploit commercially the Results arising from the Project.
5) If, within three years of its creation, the Results have not been commercially exploited by the Contractor (and/or any potential subcontractors) the Contractor (and any potential subcontractors), or used by the Contractor against good faith or against the law, shall at the first request of the Principal hand the Intellectual Property rights of the Contractors V- Con Solution for free over to The State of The Netherlands, including Rijkswaterstaat and all other Dutch State Departments and agencies, the State of Sweden including Trafikverket and all other Swedish State Departments and agencies.
Exploitation of Intellectual Property. 17.1 The Contractor shall inform the RSSB of any Results which are capable of exploitation whether patentable or not.
17.2 The Contractor shall, as appropriate, devise, publish, implement and maintain procedures for the management of Intellectual Property in the Results and in particular, but without limitation, shall use all reasonable endeavours to ensure that:
17.2.1 the Results of the Project are identified, recorded and carefully distinguished from the outputs of other research;
17.2.2 prior to any publication of the Results of the Project, patentable inventions arising from the Results are identified, duly considered for patentability and, where it is reasonable so to do, patent applications in respect thereof are filed at the British or European Patent Office; and
17.2.3 all such patent applications are diligently executed having regard to all relevant circumstances.
Exploitation of Intellectual Property. 17.1 The Contractor shall inform the Authority of any Results which are capable of exploitation whether patentable or not.
17.2 The Contractor shall, as appropriate, devise, publish, implement and maintain procedures for the management of Intellectual Property in the Results and in particular, but without limitation, shall use all reasonable endeavours to ensure that:
17.2.1 the Results of the Project are identified, recorded and carefully distinguished from the outputs of other research;
17.2.2 prior to any publication of the Results of the Project, patentable inventions arising from the Results are identified, duly considered for patentability and, where it is reasonable so to do, patent applications in respect thereof are filed at the British or European Patent Office; and
17.2.3 all such patent applications are diligently executed having regard to all relevant circumstances.
17.3 Consistent with the good management of Intellectual Property and the continued agreement of the Authority, the Contractor shall use its best endeavours to promote the dissemination of the Results of the Project.
17.4 The Contractor may exploit commercially any publications arising from the Project.
17.5 If, within three years of its creation, any Intellectual Property in the Results has not been commercially exploited by the Contractor, and the Contractor is not using its best endeavours to do so, the Contractor shall if requested by the Authority assign the Intellectual Property Rights in the Results to the Authority and, where appropriate, the Crown.
Exploitation of Intellectual Property. To the extent permitted by Law, Chrysalis agrees not to exploit the Chrysalis Intellectual Property in the Exclusive Field in any country in the world; provided, however, that in the event Discovery terminates this Agreement pursuant to Article 15 with respect to [***], this Section 8.2.3 shall no longer apply to Chrysalis with respect to such [***] and Chrysalis shall have the right to exploit the Chrysalis Intellectual Property in the Exclusive Field in the Territory with respect to such [***]. Information marked by [***] has been omitted pursuant to a request for confidential treatment. The omitted portion has been separately filed with the Securities and Exchange Commission.
Exploitation of Intellectual Property l2 EXPLOITATION OF INTELLECTUAL PROPERTY
16.1 The Contractor shall inform the Authority of any Results, including any Intellectual Property, whether patentable or not, which are capable of exploitation either by direct adoption into the healthcare service or via commercialisation in a timely manner.
16.2 The Contractor shall as appropriate develop, implement and maintain procedures for the management of Intellectual Property in the Results and in particular, but without limitation, shall use all reasonable endeavours to ensure that:
16.2.1 the Foreground IP is identified, recorded and carefully distinguished from the outputs of other research;
16.2.2 it notifies the Authority within THREE (3) months of receipt of disclosure of potential patentable Foreground IP and in the event that the Contractor decides not to protect the invention by filing a patent application, the Contractor agrees to communicate this decision to the Authority and the Authority shall have the right but not the obligation to take assignment of the Intellectual Property associated with the disclosure free of charge and to manage the associated Intellectual Property;
16.2.3 prior to any publication of the Results of the Research, patentable inventions arising from the Results are identified, duly considered for patentability and, where it is commercially reasonable so to do and is an appropriate means of achieving the public benefit, patent applications are filed in respect thereof at patent offices in territories where products or services arising from the inventions may be made, sold or used;
16.2.4 in exercising the rights in Condition 16.2.3 the Contractor takes due consideration of the Authority’s attitude to access to essential medicines in the developing world. The Authority is mindful of the importance of the development and distribution of new health-related technologies for less developed countries. The Authority’s policy on patenting is to prosecute patent applications in less developed countries only as necessary (for example, to provide development and marketing leverage for new products, or to exert leverage over global licensees);
16.2.5 in exercising the rights in Condition 16.2.3 the Contractor takes due consideration of the Authority’s attitude to the inappropriate use of patents which it considers detrimental to scientific endeavour or to advances in healthcare. The Authority believes that the basic DNA sequence of humans and other organisms should be placed in the pub...
Exploitation of Intellectual Property. Unless agreed otherwise, the Lead Party shall undertake the timely prosecution and maintenance of all Intellectual Property in the Results on behalf of the Collaborators and subject always to Authority consent.
Exploitation of Intellectual Property. 18.1 The Contractor shall inform the Lead Procurer in writing, in a format as requested by the Lead Procurer, of any Results which are capable of exploitation whether patentable or not.
18.2 The Contractor shall, as appropriate, devise, publish, implement and maintain procedures for the management of Foreground Intellectual Property in the Results and in particular, but without limitation, shall ensure that:
18.2.1 the Results of the Project are identified, recorded and carefully distinguished from the outputs of other research and development activities not covered by the Project;
18.2.2 prior to any publication of the Results of the Project, patentable inventions arising from the Results are identified, duly considered for patentability and, where it is reasonable so to do, patent applications in respect thereof are filed; and
18.2.3 all such patent applications are diligently executed having regard to all relevant circumstances.
