Industrial Property Rights of Third Parties. Background-Foreground Rights, Know-how
§ 20.1 SUPPLIER is obliged to indemnify PANKL against all third-party claims arising out of or in connection with the delivery of the Goods or the performance of SUPPLIER's contractual obligations concerning the infringement of industrial property rights of such third parties and shall reimburse PANKL for all costs and expenses PANKL might incur with respect to such an infringement. SUPPLIER shall at its own expense deliver all required entitlements (licenses) to PANKL. The Parties must immediately inform each other regarding any property right violations and associated risks.
§ 20.2 Clause 20.1 shall not apply if SUPPLIER has manufactured the Goods in accordance with drawings, models or similar descriptions or information that were provided by PANKL and SUPPLIER does not know or was unable to know that industrial property rights of third parties will be infringed.
§ 20.3 Contemporaneously with submitting Purchase Conditions to PANKL, SUPPLIER must inform PANKL of any prior or current use of any published or unpublished industrial property rights which are owned by it or licensed to it relating to the Goods.
§ 20.4 SUPPLIER herewith transfers the results of its development work made in connection with the development of the Goods including industrial property rights to the exclusive ownership of PANKL, as far as PANKL ordered the development work. As far as PANKL did not pay for the development work, SUPPLIER grants herewith PANKL a non-exclusive, timely and geographically unrestricted, irrevocable, assignable, sub-licensable right-of-use (license), free of charge, which also includes the right to any kind of use, duplication and amendment of industrial property rights of any kind.
§ 20.5 The SUPPLIER herewith grants PANKL a non-exclusive, assignable, sub-licensable, timely and geographically unrestricted and irrevocable right of use (license), free of charge, concerning the knowhow, and / or industrial property rights of SUPPLIER which existed prior to the contractual relationship with PANKL in order to enable PANKL to use the result of the development work as described in Section 20.4.
§ 20.6 The application for registration and the assertion of industrial property rights concerning development work paid by PANKL being the result of the co-operation between SUPPLIER and PANKL shall be made solely by PANKL and belong solely by PANKL. Inventions made by employees of SUPPLIER during the term of the contractual relation...
Industrial Property Rights of Third Parties. 12.1. For deliverables that we produce according to customer documentation (design specifications, drawings, models or other specifications etc.), warranty that the production of these deliverables does not infringe the industrial property rights of third parties is assumed exclusively by the customer.
12.2. If the industrial property rights of third parties are nonetheless claimed, we are entitled to suspend production of the deliverables at the customer’s risk until the rights of third parties have been clarified, unless it is obvious that the claims are unjustified.
12.3. The customer shall indemnify us for any loss or damage in this regard.
12.4. We are entitled to demand from business customers appropriate advances on costs for any legal costs.
12.5. Likewise we can claim from the customer the refunding of necessary and expedient costs that we have incurred.
12.6. We are entitled to demand appropriate advances on costs for any legal costs.
Industrial Property Rights of Third Parties. 1. To the extent that the subject matter of the contract infringes industrial property rights or copyrights of third parties in Germany, TRUMPF shall, at its own expense, procure the right for the Customer to continue using the subject matter of the contract so that the infringement of industrial property rights no longer exists. If this is not possible under economically reasonable conditions or within a reasonable period of time, both the Customer and TRUMPF shall be entitled to withdraw from the contract.
2. The aforementioned obligations of TRUMPF are - subject to § 7 - conclusive in the event of an infringement of industrial property rights or copyrights. They shall exist only insofar as
Industrial Property Rights of Third Parties. 6.1 Unless expressly agreed otherwise with the Client in writing, Fraunhofer Austria Research GmbH shall not conduct any patent research or other searches for third-party industrial property rights that could conflict with the agreed use pursuant to Section 5. However, each contracting party shall notify the other contracting party without delay of any such third-party industrial property rights. This shall apply both to patents and other industrial property rights of third parties already known at the time of conclusion of the Agreement and to patents and other industrial property rights of third parties, of which the parties become aware in the course of the performance of the Agreement. In any case, the contracting parties shall decide by mutual agreement how these third-party industrial property rights shall be dealt with in the further performance of the Agreement.
Industrial Property Rights of Third Parties. If industrial property rights of third parties are infringed upon by deliveries according to drawings or other information provided by the Buyer, the Buyer shall indemnify us against all claims.
Industrial Property Rights of Third Parties. 13.1 For deliverables that we produce according to customer documentation (design specifications, drawings, models or other specifications etc.), warranty that the production of these deliverables does not infringe the industrial property
13.2 If the industrial property rights of third parties are nonetheless claimed, we are entitled to suspend production of the deliverables at the customer’s risk until the rights of third parties have been clarified, unless it is obvious that the claims are unjustified.
13.3 The customer shall indemnify us for any loss or damage in this regard.
13.4 We are entitled to demand from business customers appropriate advances on costs for any legal costs.
13.5 Likewise we can claim from the customer the refunding of necessary and expedient costs that we have incurred.
13.6 We are entitled to demand appropriate advances on costs for any legal costs.
