Intellectual Property Management. 11.1. All Patent Costs incurred after the Effective Date shall be met solely by Centry.
11.2. The ownership of the Licensed Intellectual Property shall, at all times, remain vested solely in CRT, ICR and/or CPF as applicable.
11.3. Subject to Clauses 11.4, 11.5, 11.6 and 11.7 Centry shall be responsible for filing, prosecuting, and maintaining the Licensed Patents in CRT, ICR or CPF’s sole name and will use its Commercially Reasonable Efforts to maximise the duration and scope of the Licensed Patents in the Target Patent Countries.
11.4. Notwithstanding anything to the contrary in this Agreement, until Centry has satisfied the Financing Commitment CPF shall have the final decision making authority relating to the filing strategy for the Licensed Patents, as further set out in Clause 4.4.
11.5. Centry shall discuss the filing strategy for the Licensed Patents with CPF and shall take into consideration all comments received from CPF in respect of such strategy. If Centry elects not to file a Patent application, in any Target Patent Country, Centry shall promptly notify CPF of such decision and CPF shall have the right (but not the obligation) to file such an application and may transfer this right to CRT in its sole discretion. If CPF elects to exercise such right by notice in writing to Centry, CPF shall thereafter be solely responsible for the expense of filing, prosecuting and maintaining the corresponding Patent, which shall be excluded from the definition of Licensed Patents and the license granted under Clause 5.
11.6. Centry shall keep CPF reasonably informed in writing as to the prosecution and/or maintenance status of the Licensed Patents and shall promptly provide CPF with a copy of all submissions made to or responses received from the relevant Patent offices and all correspondence to and responses received from the relevant Patent agent in relation to the Licensed Patents in each applicable country of the Territory. Centry shall use Commercially Reasonable Efforts to notify CPF at least [***] ([***]) [***] prior to any restriction of scope of any of the Licensed Patents.
11.7. If Centry elects not to prosecute and/or maintain any part of the Licensed Patents in any Target Patent Country, Centry shall notify CPF in writing at least [***] ([***]) [***] prior to the expiration of any applicable time bars. During the aforementioned [***] ([***]) [***] notice period, Centry shall continue to prosecute and maintain the Licensed Patents in question. On ...
Intellectual Property Management. 12.1 Each Party (the “Owning Party”) shall have the first right and responsibility (but not the obligation), at its sole discretion and cost, to file, prosecute, maintain, enforce and defend patents and patent applications claiming Research IP and Background IP owned solely by such Party or to be assigned to such Party in accordance with Section 11.5, and for the conduct of any related lawsuits, claims or proceedings including any interference, nullity or opposition proceeding relating thereto in all countries. The other Party shall provide such reasonable assistance in relation to the foregoing in respect of patents and patent applications claiming Research IP as may be reasonably requested by the Owning Party. All applicable costs, including those of the other Party (other than internal costs engaged in the ordinary course of business) in providing reasonable assistance and of the patent attorneys retained by the Owning Party, shall be the sole responsibility of the Owning Party. In the event that the Owning Party recovers any sums in enforcement litigation by way of damages or in settlement thereof, such Party shall have the right to retain all such sums; provided that any recovery of ordinary damages by Zealand to the extent based upon Third Party sales of products that infringe upon Research IP shall be deemed to be Net Sales and subject to the payment of Royalties in accordance with Section 7.4; provided further that this allocation [*], and that Zealand shall be entitled to deduct all litigation costs and expenses (including legal fees) incurred by it in connection therewith from such settlement or award prior to its being allocated as Net Sales.
12.2 The Owning Party shall regularly consult with the other Party in relation to the strategy for filing, prosecuting, enforcing, maintaining and/or defending any patent or patent application claiming Research IP owned by the Owning Party, shall provide reasonable opportunity for the other Party to comment in relation to such strategy for each such patent or patent application, and to the extent practicable and appropriate, take into account the other Party’s comments in relation thereto. With respect to the Research IP that is subject to the option described in Section 11.6, Protagonist shall only refuse to take account of Zealand’s comments for good cause. During the Research Term such consultation shall be coordinated via the JSC, and thereafter during the Term via the PSC. Notwithstanding the foregoing...
Intellectual Property Management. The treatment of intellectual property created in connection with the proposed collaboration may vary depending on the nature of the collaborative project. The intellectual property structure of the collaboration should serve the twin goals of preserving flexibility and increasing the community of users and researchers within the collaboration context. A general framework will be developed describing a full spectrum from outright donations or gifts to highly proprietary research, as project needs dictate (see graphic below). Intellectual property rights will be defined in written definitive agreements related to each project. These agreements will address the following: • Single versus joint ownership, especially to the extent any project results in modifications to IBM products; • The need for possible license grants between the parties; • The potential ability to sub-license; and • The decision to contribute (or not) to open source where appropriate. Some examples of how this might work include: • If a project’s objective is basic software development in computational science and engineering, it may be open source or licensable under a BSD-type license (license type to be confirmed in our discussions with STFC); • If a project’s objective is to aid in tool development, pre-existing intellectual property may be brought into play; • If a project’s objective is application oriented, patents and intellectual property ownership will depend on the project and what it may be built on top of; and • If a project involves outside partners, intellectual property rights will be governed by the relationships defined when bringing the partners into the relationship. • The specific terms and licensing arrangements relating to Intellectual Property will be agreed on each Statement of Work for Joint Research Activities
Intellectual Property Management. Without limitation to any other term or condition of this Agreement, and unless MedImmune otherwise consents in writing, Licensee shall not, and shall cause each of its Affiliates and its and their Sublicensees not to, assign, sell or divest any of Licensee’s rights in or to any PhaseBio Know-How covered by clause (b) of the definition of PhaseBio Know-How and PhaseBio Patents covered by clause (b) of the definition of PhaseBio Patents in a manner that results in Licensee, its Affiliate or Sublicensee, as applicable, no longer Controlling such PhaseBio Know-How or PhaseBio Patents for the purposes of the licenses granted to MedImmune in Section 9.4.2 and Section 9.4.3, other than to an Affiliate that is controlled by Licensee or in connection with a permitted assignment of this Agreement under Section 10.3.
Intellectual Property Management. The MPP shall have no rights in relation to the conduct of any matter relating to the Licensed Patents, including the filing, prosecution and maintenance thereof.
Intellectual Property Management a. It is vitally important that both Parties understand their respective intellectual property rights and applicable obligations under this Award.
b. Recipients should refer to both 2 C.F.R. § 215 “Uniform Administrative Requirement for Grants and Agreements with Institutions for Higher Education, Hospitals” and 37 C.F.R. § 401 “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements” for a complete summary of their rights and responsibilities.
Intellectual Property Management. 12.1 Ownership of Intellectual Property in the Project Material vests in the Grantee.
12.2 The Grantee agrees to provide to DVA a licence regarding the Project Material that is:
(a) an “Existing Material Licence” defined in clause 12.3; and
(b) for any relevant Intellectual Property right inherent in the Project Material.
12.3 The "Existing Material Licence" provided in clause 12.2 is permanent, non- exclusive, irrevocable, royalty-free and worldwide, including a right of sub- licence.
12.4 This clause 12 may be supplemented by information agreed to in Part N [Intellectual Property Ownership and Rights].
Intellectual Property Management. Intellectual Property created by the member for the purposes of teaching or assisting in teaching is owned in the first instance by the member. This includes course outlines, lectures, laboratory manuals, and all other teaching materials including, but not limited to, multimedia instructional aids prepared by the student using University facilities (ie. computers, library, office and laboratory space, telephone, etc.
Intellectual Property Management. The Supplier must manage all intellectual property rights in accordance with the terms of this Agreement, ensuring that the Client's intellectual property rights are not infringed upon. The Supplier shall notify the Client of any potential intellectual property issues that may arise during the performance of the Services.
Intellectual Property Management
