Intellectual Property and Trade Marks. 8.1 Except as set out in this Agreement, all right, title and interest in the Skye Technology shall belong to Skye and Mundipharma shall not have any right, title or interest in the Skye Technology. 8.2 Mundipharma shall: 8.2.1 use the Trade Marks in a manner which conforms to the reasonable directions and standards notified to it by Skye from time to time; and 8.2.2 not do anything which could, in Skye’s reasonable opinion, bring the Trade Marks or Skye into disrepute or otherwise damage the goodwill attaching to the Trade Marks. 8.3 Skye shall, at its own cost, take all steps required to maintain those registrations for the Trade Marks subsisting at the Effective Date, and prosecute any applications subsisting at the Effective Date for registration of the Trade Marks through to grant (including oppositions thereto) in the Territory. 8.4 Mundipharma may request that Skye use reasonable efforts to obtain trade xxxx registrations in respect of the Trade Marks, in classifications which cover the Finished Products, in any countries in the Territory. Skye shall promptly notify Mundipharma if it does not intend to make or pursue a trade xxxx registration in any of the countries in the Territory and Mundipharma shall thereafter be entitled to make applications for such trade xxxx registrations in its own name. For the avoidance of doubt this Clause shall not oblige Skye to obtain further trade xxxx registrations in Norway, Switzerland or at the Office for Harmonisation in the Internal Market, nor shall it oblige Skye to obtain trade xxxx registrations for the word “Depocyt”. 8.5 Mundipharma shall have the right during the Term to register domain names specific to the countries comprised in the Territory that incorporate the Trade Xxxx. 8.6 In the event that the trade xxxx Depocyte® is unavailable for the Finished Product in any country of the Territory, the parties shall, via the Committee consider an appropriate alternative trade xxxx for registration in that country or territory. Upon registration, such trade marks shall comprise part of the Trade Marks hereunder.
Appears in 2 contracts
Samples: Distribution Agreement (Pacira Pharmaceuticals, Inc.), Distribution Agreement (Pacira Pharmaceuticals, Inc.)
Intellectual Property and Trade Marks. 8.1 8.1. Except as set out in this Agreement, all right, title and interest in the Skye Technology shall belong to Skye and Mundipharma shall not have any right, title or interest in the Skye Technology.
8.2 8.2. Mundipharma shall:
8.2.1 8.2.1. use the Trade Marks in a manner which conforms to the reasonable directions and standards notified to it by Skye from time to time; and
8.2.2 8.2.2. not do anything which could, in Skye’s reasonable opinion, bring the Trade Marks or Skye into disrepute or otherwise damage the goodwill attaching to the Trade Marks.
8.3 8.3. Skye shall, at its own cost, take all steps required to maintain those registrations for the Trade Marks subsisting at the Effective Date, and prosecute any applications subsisting at the Effective Date for registration of the Trade Marks through to grant (including oppositions thereto) in the Territory.
8.4 8.4. Mundipharma may request that Skye use reasonable efforts to obtain trade xxxx registrations in respect of the Trade Marks, in classifications which cover the Product, or Finished Products, Product in any countries in the Territory. Skye shall promptly notify Mundipharma if it does not intend to make or pursue a trade xxxx registration in respect of the Trade Marks in any of the countries in the Territory and Mundipharma shall thereafter be entitled to make applications for such trade xxxx registrations in its own Skye’s name. For the avoidance of doubt this Clause shall not oblige Skye to obtain further trade xxxx registrations in Norway, Switzerland or at the Office for Harmonisation in the Internal Market, nor shall it oblige Skye to obtain trade xxxx registrations for the word “Depocyt”.
8.5 8.5. Mundipharma shall have the right during the Term to register domain names specific to the countries comprised in the Territory that incorporate the Trade XxxxXxxx which shall be assigned to Skye on termination.
8.6 8.6. In the event that the trade xxxx Depocyte® is unavailable for the Product or the Finished Product in any country of the Territory, the parties shall, via the Committee consider an appropriate alternative trade xxxx for registration in that country or territory. Upon registration, such trade marks shall comprise part of the Trade Marks hereunder.
Appears in 2 contracts
Samples: Distribution Agreement (Pacira Pharmaceuticals, Inc.), Distribution Agreement (Pacira Pharmaceuticals, Inc.)