Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.
Infringement Proceedings. (a) LICENSEE shall promptly notify ------------------------ LICENSOR in the event that LICENSEE shall acquire knowledge of any claim that use of the Trademarks by LICENSEE infringes the rights of others or of the institution of any action or proceeding against LICENSEE or otherwise arising out of the use of the Trademarks by LICENSEE. LICENSOR and its duly authorized representative shall have the right (but not the obligation) to take charge of the defense of any such claim, action or proceeding (and of any negotiations for the settlement thereof). If LICENSOR declines, after the request of LICENSEE, to defend any such claim, action or proceeding, LICENSEE may do so. LICENSOR and LICENSEE each shall pay their own expenses and retain any costs or damages awarded to each in any such claim, action or proceeding. LICENSOR shall not make any settlement of any such claim, action or proceeding, brought against LICENSEE involving a monetary payment by LICENSEE without the consent in writing of LICENSEE. LICENSOR shall not be liable in any event to LICENSEE in respect of any damages assessed or asserted against LICENSEE in, or any liability incurred by or imposed upon LICENSEE in connection with, any such claim, action or proceeding. LICENSOR and LICENSEE agree to cooperate with each other in all respects in any such claim, action or proceeding.
(b) In the event that LICENSEE shall acquire knowledge of any use by a third party (other than any party known to have a license agreement with LICENSOR) of the Trademarks, it shall not take any action whatsoever but shall promptly notify LICENSOR. LICENSOR shall have the right (but not the obligation) to take whatever action it deems appropriate, including the institution of any action or proceeding against such third party or otherwise, to obtain a discontinuance of such use. If LICENSOR takes any such action, LICENSOR shall pay its own expenses and retain any costs or damages awarded to it therein. LICENSEE agrees to cooperate with LICENSOR in all respects and to provide LICENSOR with all assistance requested of it by LICENSOR in any such action.
Infringement Proceedings. In the event the Principal is a party to legal proceedings involving allegations of infringement of any Intellectual Property in the Documentation of any third party, the Service Provider shall keep the Principal fully informed of all aspects relevant to the legal proceedings and the Principal shall have the right, at its own cost, to be represented in the legal proceedings by separate counsel. In the event the Service Provider fails to act against claims alleging infringement of any Intellectual Property in the Documentation of any third party within reasonable time but, in any event, within twenty (20) days of having been notified of such claims, the Principal shall have the right to assume legal defence against claims alleging infringement of Intellectual Property and shall be entitled to reimbursement by the Service Provider of reasonable costs and expenses incurred toward such defence.
Infringement Proceedings. Section 66
(1) Subject to Sections 11, 13 and 17, an infringement of a patent or a utility model shall consist of the performance of any act referred to in Section 11(2) in Oman by a person other than the owner of the patent and without the agreement of the latter.
(2) On the request of the owner of the patent or of the utility model, or of an exclusive licensee, or of a compulsory licensee, or of a non-exclusive licensee if he has requested the owner to institute court proceedings for a specific relief and the owner has refused or failed to do so within ninety days, the Court may grant an injunction to prevent infringement or an imminent infringement and, where the infringer acted knowingly or with reasonable grounds to know, award damages and grant any other remedy provided for in the general law or under Chapter 4 of this Title.
(3) The remedies provided to owners of patents in Oman shall be also available, whenever appropriate, to the owners of foreign patents that have been the subject of a compulsory license for the purposes of supplying the market of Oman of pharmaceutical products, under the scheme established by the Decision of the WTO General Council of August 30, 2003, in order to prevent or remedy the unauthorized importation as well as the re-exportation or deviation of the products in question. Customs authorities shall have the authority to take border measures for the purposes of this Subsection ex officio. In this event, they shall notify the right holder of the suspension of release who shall have ten days for providing adequate evidence that the retained products prima facie correspond to the claims of the patent in question.
(4) Without prejudice to the provisions of Subsection (3), the same border measures that are available under Section 83 for the suspension by the customs authorities of the release into free circulation of counterfeit trademark and pirated copyright goods shall also apply to prevent the unauthorized importation or re-exportation of the products that have actually been imported into the territory of Oman under the scheme referred to in Subsection (3). Border measures under Section 89 may also be determined for the same purpose.
(5) Courts may refuse to grant provisional or definitive injunctions, without prejudice to the payment of damages, when:
(a) after the expiration of a period of four years from the date of filing of the patent application or three years from the date of the grant of the patent, the plaintiff o...
Infringement Proceedings. Licensee agrees to notify Licensor in writing of any infringement of Said Patents by others as it comes to Licensee’s attention. Licensor, in its sole discretion, shall have the first right, but not obligation, to bring infringement and/or unfair competition proceedings involving Said Patents and recover any damages that may be rewarded. In the event Licensor brings an infringement and/or unfair competition proceedings involving Said Patents, Licensor may, for such purposes, request Licensee to join any such action or otherwise assist Licensor with such action, provided that all reasonable and documented costs and fees associated therewith shall be borne by Licensor. However, in the event that Licensor does not take action with respect to the unauthorized use of Said Patents within one hundred twenty (120) days of receiving notice of such unauthorized use, then Licensee, in its sole discretion, shall have the right to bring infringement and/or unfair competition proceedings involving Said Patents and recover any damages that may be rewarded.
Infringement Proceedings. DISTRIBUTOR shall notify GUPTA of any unauthorized use of the Intellectual Property by others promptly as it comes to DISTRIBUTOR's attention. GUPTA shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the Intellectual Property.
Infringement Proceedings. The Adviser will notify Sub-Adviser of any infringement of the Xxxx of which it becomes aware. The Sub-Adviser and/or its affiliates shall have the sole right and discretion to bring infringement or other proceedings regarding the Xxxx; provided, however, that the Adviser agrees to reasonably cooperate with respect to any such proceedings.
Infringement Proceedings. In the event that the Mykrolis learns of any infringement or threatened infringement of the Licensed Marks, or any unfair competition, passing-off or dilution with respect to the Licensed Marks, Mykrolis shall notify MIL or its authorized representative giving particulars thereof, and Mykrolis shall provide necessary information and assistance to MIL or its authorized representatives at MIL's expense in the event that MIL decides that proceedings should be commenced. Notwithstanding the foregoing, Mykrolis is not obligated to monitor or police use of the Licensed Marks by Third Parties other than Subsidiaries. MIL shall have exclusive control of any litigation, opposition, cancellation or related legal proceedings, relating to the use of the licensed trademarks by third parties. The decision whether to bring, maintain or settle any such proceedings shall be at the exclusive option and expense of MIL, and all recoveries shall belong exclusively to MIL. Mykrolis shall not and shall have no right to initiate any such litigation, opposition, cancellation or related legal proceedings in its own name, but, at MIL's request, agrees to be joined as a party in any action taken by MIL to enforce its rights in the Licensed Xxxx. MIL shall incur no liability to Mykrolis or any other Person under any legal theory by reason of MIL's failure or refusal to prosecute or by MIL's refusal to permit Mykrolis to prosecute, any alleged infringement by Third Parties, nor by reason of any settlement to which MIL may agree.
Infringement Proceedings. In the event of infringement of the Trademarks by a third party, Siebel shall have the sole right to bring proceedings (including notifications to the Customs Department objecting to the importation of infringing goods) against the infringing party and to retain any damages recovered in such proceedings. Distributor shall cooperate with Siebel in the prosecution of any such infringement proceedings. Distributor shall promptly notify Siebel in writing of any such proceeding and shall provide complete authority, information and assistance to Siebel in connection with such proceeding Siebel shall have the sole and exclusive authority and obligation to defend and/or settle any proceeding with respect to the Trademarks
Infringement Proceedings. (a) Licensee shall promptly notify Licensor of any known, threatened or suspected infringement, imitation or unauthorized use or registration of the Marks by any third party brought to the attention of any of its officers or counsel. Licensor shall determine what action, if any, should be taken in response to any infringement, imitation or unauthorized use or registration of the Marks by a third party. Licensee shall cooperate with Licensor in any action taken by Licensor to enforce Licensor's rights in the Marks. Licensee shall not take any action to prevent any infringement, imitation or unauthorized use or registration of the Marks without the prior written approval of Licensor, which Licensor may withhold in its reasonable business discretion.
(b) Licensor shall have the right, at its expense, to defend and settle for monetary or other damages any claim made against Licensor or Licensee by a third party alleging that the use of the Marks infringes upon any rights of others. Licensor expressly reserves the right to terminate this Agreement, pursuant to Section 5(d) above, to settle any such claim. If Lxxxxxxx decides to defend against any such claim, Licensee shall use its reasonable efforts to cooperate with Licensor, at Licensor's expense.
