Common use of Filing, Prosecution and Maintenance of Registrations and Registration Applications Clause in Contracts

Filing, Prosecution and Maintenance of Registrations and Registration Applications. ‌ (a) Subject to clause 9.1(b), the Licensor is required to file, Prosecute and Maintain the Registration Applications and the Registrations.‌ (b) If the Licensor is at any time during the Term unable to comply with clause 9.1(a), or considers that the continued Prosecution and Maintenance of the Registration Applications and the Registrations is not appropriate, the Licensor must:‌ (i) notify the Licensee promptly of the circumstances that make it unable to continue the Prosecution or Maintenance of the relevant Registration Applications or Registrations, or that make such Prosecution or Maintenance inappropriate; and (ii) engage in good faith discussion with the Licensee in respect of the steps to be taken, including in accordance with any process and the rights and obligations of the parties agreed in the IPR Management Plan. (c) Without limiting the obligations under the IPR Management Plan, the Licensor is required to: (i) keep the Licensee informed in a timely manner on the progress of the Registration Applications; and (ii) advise the Licensee in a timely manner of any act of an intellectual property office of which the Licensor is aware, which is likely to adversely impact on any Registration Application. (d) The Licensor must consult with the Licensee in good faith and in accordance with the IPR Management Plan prior to filing any additional applications for registration or protection of the Licensed IPR. (e) The Licensee must not file any patent application which discloses the Confidential Information of the Licensor.

Filing, Prosecution and Maintenance of Registrations and Registration Applications. ‌ (a) Subject to clause 9.1(b), the Licensor is required to file, Prosecute and Maintain the Registration Applications and the Registrations.‌Registrations. (b) If the Licensor is at any time during the Term unable to comply with clause 9.1(a), or considers that the continued Prosecution and Maintenance of the Registration Applications and the Registrations is not appropriate, the Licensor must:‌must: (i) notify the Licensee promptly of the circumstances that make it unable to continue the Prosecution or Maintenance of the relevant Registration Applications or Registrations, or that make such Prosecution or Maintenance inappropriate; and (ii) engage in good faith discussion with the Licensee Licensor in respect of the steps to be taken, including in accordance with any process and the rights and obligations of the parties agreed in the IPR Management Plan. (c) Without limiting the obligations under the IPR Management Plan, the Licensor is required to: (i) keep the Licensee informed in a timely manner on the progress of the Registration Applications; and (ii) advise the Licensee in a timely manner of any act of an intellectual property office of which the Licensor is aware, which is likely to adversely impact on any Registration Application. (d) The Licensor must consult with the Licensee in good faith and in accordance with the IPR Management Plan prior to filing any additional applications for registration or protection of the Licensed IPR, or other IPR in the same Application and Territory as the Licensed IPR. (e) The Licensee must not file any patent application applications which discloses the Confidential Information of the Licensor.

Filing, Prosecution and Maintenance of Registrations and Registration Applications. ‌ (a) Subject to clause 9.1(b), the Licensor is required will use reasonable efforts to file, Prosecute and Maintain the Registration Applications and the Registrations.‌Registrations. (b) If the Licensor is considers at any time during the Term unable to comply with clause 9.1(a), or considers that the continued Prosecution and Maintenance of the Registration Applications and would involve significant expense (for which the Registrations Licensee is not appropriateresponsible as a part of the Fees), particularly in the case of opposition proceedings which the Licensor must:‌ (i) notify has not been able to resolve by agreement, then the Licensor’s continued involvement in prosecuting contentious aspects of such proceedings will be at the Licensor’s sole discretion. The Licensor may request the Licensee promptly of the circumstances to provide assistance in providing evidence or preparing argument in such proceedings. The Licensee will use reasonable efforts to provide such assistance provided that make it unable to continue the Prosecution or Maintenance of the relevant Registration Applications or Registrations, or that make such Prosecution or Maintenance inappropriate; and (ii) engage in good faith discussion with the Licensee will not be liable to pay any costs or to contribute to payment of any professional or official fees in respect of such proceedings without the steps to be taken, including in accordance with any process and the rights and obligations of the parties agreed in the IPR Management Plan.Licensee’s prior written agreement.‌ (c) Without limiting Prior to abandoning any Prosecution of the obligations Registration Applications on the basis of significant expense under the IPR Management Planclause 9.1(b), the Licensor must give the Licensee as much notice as is required reasonable in the circumstances, and provide the Licensee with the opportunity to agree to increase the Fees to cover the continued cost of such Prosecutions. (d) To the extent relevant to any Licence granted to the Licensee to any Registration Applications, the Licensor will use its best efforts to: (i) keep the Licensee informed in a timely manner on the progress of the Registration Applications; and (ii) advise the Licensee in a timely manner of any act of an intellectual property office of which the Licensor is aware, which is likely to adversely impact on any Registration Application. (d) The Licensor must consult with the Licensee in good faith and in accordance with the IPR Management Plan prior to filing any additional applications for registration or protection of the Licensed IPR. (e) The Licensee must not file any patent application which discloses the Confidential Information of the Licensor.

Filing, Prosecution and Maintenance of Registrations and Registration Applications. ‌ (a) Subject to clause 9.1(b), the Licensor is required will use reasonable efforts to file, Prosecute and Maintain the Registration Applications and the Registrations.‌Registrations. (b) If the Licensor is considers at any time during the Term unable to comply with clause 9.1(a), or considers that the continued Prosecution and Maintenance of the Registration Applications and would involve significant expense (for which the Registrations Licensee is not appropriateresponsible as a part of the Fees), particularly in the case of opposition proceedings which the Licensor must:‌ (i) notify has not been able to resolve by agreement, then the Licensor’s continued involvement in prosecuting contentious aspects of such proceedings will be at the Licensor’s sole discretion. The Licensor may request the Licensee promptly of the circumstances to provide assistance in providing evidence or preparing argument in such proceedings. The Licensee will use reasonable efforts to provide such assistance provided that make it unable to continue the Prosecution or Maintenance of the relevant Registration Applications or Registrations, or that make such Prosecution or Maintenance inappropriate; and (ii) engage in good faith discussion with the Licensee will not be liable to pay any costs or to contribute to payment of any professional or official fees in respect of such proceedings without the steps to be taken, including in accordance with any process and the rights and obligations of the parties agreed in the IPR Management PlanLicensee’s prior written agreement. (c) Without limiting Prior to abandoning any Prosecution of the obligations Registration Applications on the basis of significant expense under the IPR Management Planclause 9.1(b), the Licensor must give the Licensee as much notice as is required reasonable in the circumstances, and provide the Licensee with the opportunity to agree to increase the Fees to cover the continued cost of such Prosecutions. (d) To the extent relevant to any Licence granted to the Licensee to any Registration Applications, the Licensor will use its best efforts to: (i) keep the Licensee informed in a timely manner on the progress of the those Registration Applications; and (ii) advise the Licensee in a timely manner of any act of an intellectual property office of which the Licensor is aware, which is likely to adversely impact on any Registration Application. (d) The Licensor must consult with the Licensee in good faith and in accordance with the IPR Management Plan prior to filing any additional applications for registration or protection of the Licensed IPR. (e) The Licensee must not file any patent application applications which discloses the Confidential Information of the Licensor.

Filing, Prosecution and Maintenance of Registrations and Registration Applications. ‌ (a) Subject to clause 9.1(b), the Licensor is required will use reasonable efforts to file, Prosecute and Maintain the Registration Applications and the Registrations.‌Registrations. (b) If the Licensor is considers at any time during the Term unable to comply with clause 9.1(a), or considers that the continued Prosecution and Maintenance of the Registration Applications and would involve significant expense (for which the Registrations Licensee is not appropriateresponsible as a part of the Fees), particularly in the case of‌ opposition proceedings which the Licensor must:‌ (i) notify has not been able to resolve by agreement, then the Licensor’s continued involvement in prosecuting contentious aspects of such proceedings will be at the Licensor’s sole discretion. The Licensor may request the Licensee promptly of the circumstances to provide assistance in providing evidence or preparing argument in such proceedings. The Licensee will use reasonable efforts to provide such assistance provided that make it unable to continue the Prosecution or Maintenance of the relevant Registration Applications or Registrations, or that make such Prosecution or Maintenance inappropriate; and (ii) engage in good faith discussion with the Licensee will not be liable to pay any costs or to contribute to payment of any professional or official fees in respect of such proceedings without the steps to be taken, including in accordance with any process and the rights and obligations of the parties agreed in the IPR Management PlanLicensee’s prior written agreement. (c) Without limiting Prior to abandoning any Prosecution of the obligations Registration Applications on the basis of significant expense under the IPR Management Planclause 9.1(b), the Licensor must give the Licensee as much notice as is required reasonable in the circumstances, and provide the Licensee with the opportunity to agree to increase the Fees to cover the continued cost of such Prosecutions. (d) To the extent relevant to any Licence granted to the Licensee to any Registration Applications, the Licensor will use its best efforts to: (i) keep the Licensee informed in a timely manner on the progress of the Registration Applications; and (ii) advise the Licensee in a timely manner of any act of an intellectual property office of which the Licensor is aware, which is likely to adversely impact on any Registration Application. (d) The Licensor must consult with the Licensee in good faith and in accordance with the IPR Management Plan prior to filing any additional applications for registration or protection of the Licensed IPR. (e) The Licensee must not file any patent application which discloses the Confidential Information of the Licensor.