Infringement of Licensed Property Sample Clauses

Infringement of Licensed Property. If, during the subsistence of the Licence, the Licensee becomes aware that any third party (other than an affiliate or licensee of the Licensor) is using a trade name, business name, corporate name, Identifier, trade-mark, get-up of goods, trade dress, graphic design, or mode of advertising or promotion that might reasonably amount to infringement, unfair competition, passing-off or cybersquatting in respect of the Certification Mark, the Licensee will promptly report particulars of those activities to the Licensor.
Sample 1
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Infringement of Licensed Property. If a party becomes aware that any of the intellectual property licensed pursuant to Section 2 is or may be infringed by a third party, such party shall promptly notify any licensor or licensee, as the case may be, to this Agreement thereof within thirty (30) days of such awareness, and shall thereafter provide such other information related to the infringement as may be reasonably requested by any licensor or licensee, as the case may be. Upon receiving notice of infringement or suspected infringement of its intellectual property, the licensor of the intellectual property in question shall, at its option, (a) use commercially reasonable efforts directed to prevent or enjoin any such infringement and to prosecute any proceedings that may be necessary for such purposes, all at its direction and expense, or (b) if the licensor fails to use commercially reasonable efforts to prevent or enjoin any such infringement within sixty (60) days of a written request from the licensed party to take such action, the licensed party may seek to prevent or enjoin any such infringement and to prosecute such proceedings at its expense. Any damages recovered shall be for the account of the party who brings the action. Each party agrees to provide the party that is seeking to prevent or enjoin any such infringement with all reasonable assistance, information and authority to perform the foregoing.
Sample 1
Infringement of Licensed Property. (a) If a party becomes aware that any of the intellectual property licensed pursuant to Section 2 is or may be infringed by a Third Party, such party shall promptly notify any licensor or licensee, as the case may be, to this Agreement thereof within thirty (30) days of such awareness, and shall thereafter provide such other information related to the infringement as may be reasonably requested by any licensor or licensee, as the case may be.
Sample 1
Infringement of Licensed Property. 4.2.1. Except as otherwise provided herein, with respect to infringement claims relating to the LDS Patents, other than the retained claims (as defined below), Adaptiv shall have the sole and exclusive right to enforce, settle and release such claims (an Adaptiv Claim) provided that such claims shall be brought in Athena’s name (at Adaptiv’s cost and expense), except where required otherwise by law. With respect to all infringement claims relating to an Elan Exclusive Product (Retained Claims) or arising out of actions relating to or within the scope of the Reserved Rights, Athena and/or Elan shall have and retain the sole and exclusive right to enforce, settle, license and release such claims (along with the Retained Claims, an Athena/Elan Claim). Athena/Elan Claims include, without limiting the definition thereof, any claim of infringement which accrues after Completion but that relates back to a composition of matter, article of manufacture or use of a method claimed by the applicable LDS Patent that occurred prior to Completion and which is otherwise within the definition of Retained Claims. In prosecuting, as applicable, the enforcement rights retained or granted under this clause 4.2.1, neither party may materially prejudice the other party’s rights, including without limitation Elan’s compliance with its obligations under those agreements specified in Schedule 1 to this Agreement. The parties agree to cooperate in the enforcement of the LDS Patents. If one party brings any action or proceeding to enforce the LDS Patents, the second party may be joined as a party plaintiff if necessary for the action or proceeding to proceed and, in case of joining, the second party agrees to give the first party reasonable assistance and authority to file and to prosecute such suit. Each party agrees to provide the party that is seeking to prevent or enjoin any such infringement with all reasonable assistance, information and authority to perform the foregoing. The non-prosecuting party shall have the right, but not the obligation at its own expense, to be represented in such action by its own counsel. Each party shall keep the other party reasonably informed as to the status and conduct of the litigation and shall, at the other party’s sole cost and expense, accept and reasonably consider the other party’s comments relating thereto. A party having knowledge that any of the LDS Patents are subject to infringement, or having knowledge of a reasonable probability of s...
Sample 1
Infringement of Licensed Property. (a) Enzon shall, with respect to infringement claims maturing after the Effective Date, within the Territory, have the sole and exclusive right to enforce, even as to acts or products unrelated to the Product or any Product Improvement (a "Non-Product Claim"), the Patent Specific Product Rights. Elan shall, within and without the Territory, have and retain the sole and exclusive right to enforce, even as to acts or products related to the Product or any Product Improvement (a "Product Related Claim") of the Patent Related Product Rights and the foreign counterparts of the Product Patent Rights. In prosecuting, as applicable, the enforcement rights retained or granted under
Sample 1

Related to Infringement of Licensed Property

  • Infringement of Third Party Patents (a) If a third party asserts that a patent or other proprietary right owned by it is infringed by the manufacture, use, importation, offer for sale or sale of a Licensed Product in the Field and in the Territory and such alleged infringement arises in whole or in part from Alcon's use of the Pharmacyclics Technology (a "Claim"), the Party against whom such a Claim was asserted shall immediately provide the other Party notice of such Claim and the related facts in reasonable detail. Unless it is mutually agreed that the Parties should proceed jointly in defending such an action, the Party sued shall defend such action. The other Party shall cooperate in connection therewith and shall have the right to be represented separately by counsel of its own choice, at its own expense. The entity (whether Pharmacyclics or Alcon) that controls the defense of such a Claim with respect to the Licensed Product in the Field and in the Territory shall also have the right to control settlement of such Claim; provided, however, that no settlement shall be entered into without the consent of the other Party. To the extent that any of the costs set forth in clauses (i), (ii) or (iii) of this sentence are attributable to infringement arising from Alcon's use of the Pharmacyclics Technology, Alcon shall have the right to deduct from and offset against royalties otherwise payable to Pharmacyclics under Section 4.4(a), the following: (i) all litigation costs related to such Claim; (ii) any money damages paid by Alcon or its Affiliates pursuant to any judgment or settlement resulting from such Claim; and (iii) any royalty that Alcon and/or its Affiliates and sublicensees are required to pay to a third party in settlement of such Claim in order to continue to exercise Alcon's license rights as set forth in this Agreement. Notwithstanding the foregoing, in no event shall royalties owed Pharmacyclics under Section 4.4(a) be reduced by more than (*) in any given royalty period.

  • Infringement of Third Party Rights Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties hereunder infringes or may infringe the intellectual property rights of such Third Party. Genentech shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Genentech’s activities under this Agreement at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Genentech fails to proceed in a timely fashion with regard to such defense, Curis shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Curis shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Curis’ activities under this Agreement at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Curis fails to proceed in a timely fashion with regard to such defense, Genentech shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Neither Party shall have the right to settle any infringement action under this Section 10.5 in a manner that diminishes the rights or interests of the other Party hereunder without the consent of such Party.

  • Enforcement of Licensed Patents Each party shall promptly notify the other in writing of any alleged or threatened infringement of any Patent included in the Licensed Patents of which such party becomes aware.

  • Grant of License to Use Intellectual Property For the purpose of enabling the Notes Collateral Agent to exercise rights and remedies under this Agreement at such time as the Notes Collateral Agent shall be lawfully entitled to exercise such rights and remedies, each Grantor shall, upon request by the Notes Collateral Agent at any time after and during the continuance of an Event of Default, grant to the Notes Collateral Agent an irrevocable (until the termination of the Indenture) nonexclusive license (exercisable without payment of royalty or other compensation to the Grantors) to use, license or sublicense any of the Collateral now owned or hereafter acquired by such Grantor, and wherever the same may be located, and including in such license reasonable access to all media in which any of the licensed items may be recorded or stored and to all computer software and programs used for the compilation or printout thereof; provided, however, that nothing in this Section 3.03 shall require Grantors to grant any license that is prohibited by any rule of law, statute or regulation or is prohibited by, or constitutes a breach or default under or results in the termination of any contract, license, agreement, instrument or other document evidencing, giving rise to or theretofore granted, to the extent permitted by the Indenture, with respect to such property; provided, further, that such licenses to be granted hereunder with respect to Trademarks shall be subject to the maintenance of quality standards with respect to the goods and services on which such Trademarks are used sufficient to preserve the validity of such Trademarks. The use of such license by the Notes Collateral Agent may be exercised, at the option of the Notes Collateral Agent, during the continuation of an Event of Default; provided that any license, sublicense or other transaction entered into by the Notes Collateral Agent in accordance herewith shall be binding upon the Grantors notwithstanding any subsequent cure of an Event of Default.

  • Infringement Controlled Affiliate shall promptly notify Plan and Plan shall promptly notify BCBSA of any suspected acts of infringement, unfair competition or passing off that may occur in relation to the Licensed Marks and Name. Controlled Affiliate shall not be entitled to require Plan or BCBSA to take any actions or institute any proceedings to prevent infringement, unfair competition or passing off by third parties. Controlled Affiliate agrees to render to Plan and BCBSA, without charge, all reasonable assistance in connection with any matter pertaining to the protection of the Licensed Marks and Name by BCBSA.

  • No Infringement of Third Party IP Rights The Company has never infringed (directly, contributorily, by inducement or otherwise), misappropriated or otherwise violated or made unlawful use of any Intellectual Property Right of any other Person. No Owned Company Software and, to the Knowledge of the Company, no Licensed Company Software infringes, violates or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person. Without limiting the generality of the foregoing:

  • Infringement of Patents by Third Parties (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.

  • Trademark Infringement (a) If either Party learns that a third party is infringing the ACTIMMUNE xxxx, it shall promptly notify the other in writing. The Parties shall use reasonable efforts in cooperation with each other to stop such trademark infringement without litigation.

  • Intellectual Property Infringement The Supplier warrants that the use or supply by UNDP of the goods sold under this Purchase Order does not infringe any patent, design, trade-name or trade-mark. In addition, the Supplier shall, pursuant to this warranty, indemnify, defend and hold UNDP and the United Nations harmless from any actions or claims brought against UNDP or the United Nations pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Purchase Order.

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