Common use of Infringement and enforcement of IPR Clause in Contracts

Infringement and enforcement of IPR. (a) Each party must promptly notify the other party in writing if it becomes aware of: (i) any actual, suspected or threatened infringement by a third party of a party’s Pre-existing IPR, Confidential Information or IPR in the Results; (ii) any claim by a third party that the carrying out of the Project infringes the IPR or other legal rights of that third party; or (iii) any claim by a third party that the use of a party’s Pre-existing IPR, Confidential Information or Results infringes the IPR or other legal rights of the third party. (b) Upon notification under clause 11(a), the parties will confer as to what steps, if any, are to be taken. Each party will cooperate in good faith to discuss and seek to agree the steps required to be taken. (c) Nothing in this Agreement requires a party to obtain approval from the other party prior to taking action to defend an action by a third party against it, or except as identified in section 4 of Schedule 3, initiate infringement proceedings in respect of IPR owned by the party.

Infringement and enforcement of IPR. ‌ (a) Each party must promptly notify the other party in writing if it becomes aware of:of:‌ (i) any actual, suspected or threatened infringement by a third party of a the other party’s Pre-existing IPR, Confidential Information or IPR in the ResultsProject IP; (ii) any claim by a third party that the carrying out of the Project infringes the IPR or other legal rights of that third party; or (iii) any claim by a third party that the use of a party’s Pre-existing IPR, Confidential Information or Results Project IP infringes the IPR or other legal rights of the third party. (b) Upon notification under clause 11(a11.3(a), the parties will confer as to what steps, if any, are to be taken. Each party will cooperate in good faith to discuss and seek to agree the steps required to be taken. (c) Nothing in this Agreement requires a party to obtain approval from the other party prior to taking action to defend an action by a third party against it, or except as identified in section 4 of Schedule 3, initiate infringement proceedings in respect of IPR owned by the party.

Infringement and enforcement of IPR. (a) Each party must promptly notify the other party in writing Governance Committee if it becomes aware of: (i) any actual, suspected or threatened infringement by a third party of a party’s Pre-existing IPR, Confidential Information or IPR in the Results; (ii) any claim by a third party that the carrying out of the Project infringes the IPR or other legal rights of that third party; or (iii) any claim by a third party that the use of a party’s Pre-existing IPR, Confidential Information or Results infringes the IPR or other legal rights of the third party. (b) Upon notification under clause 11(a10(a), the parties Governance Committee will confer as meet to discuss what steps, if any, are to be taken. Each party will cooperate in good faith to discuss and seek to agree the steps required to be taken. (c) Nothing in this Agreement requires a party to obtain approval from the other Governance Committee or another party prior to taking action to defend an action by a third party against it, or except as identified in section 4 1 of Schedule 3, initiate infringement proceedings in respect of IPR owned by the party.

Infringement and enforcement of IPR. (a) Each party must promptly notify the other party in writing if it becomes aware of:of:‌ (i) any actual, suspected or threatened infringement by a third party of a the other party’s Pre-existing IPR, Confidential Information or IPR in the ResultsProject IP; (ii) any claim by a third party that the carrying out of the Project infringes the IPR or other legal rights of that third party; or (iii) any claim by a third party that the use of a party’s Pre-existing IPR, Confidential Information or Results Project IP infringes the IPR or other legal rights of the third party. (b) Upon notification under clause 11(a11.3(a), the parties will confer as to what steps, if any, are to be taken. Each party will cooperate in good faith to discuss and seek to agree the steps required to be taken. (c) Nothing in this Agreement requires a party to obtain approval from the other party prior to taking action to defend an action by a third party against it, or except as identified in section 4 of Schedule 3, initiate infringement proceedings in respect of IPR owned by the party.