Intellectual Property Right. (a) C&F Agent acknowledges that HPCL owns and will retain all right, title and interest in and to any and all worldwide intellectual property and proprietary rights embodied in the PRODUCT, including, but not limited to, all copyrights, patent rights, trade secret rights and trademarks, inventions, etc. C&F Agent further acknowledges that it will have no rights with respect to any of the foregoing other than the rights expressly set forth in this Agreement.
(b) HPCL reserves the right to take whatever action it deems necessary and as provided under the relevant statute to protect its goodwill, patents, trademarks, copyright, reputation, the PRODUCTS or the design of its containers/packaging from imitations, counterfeiting, unfair competition, passing off,etc.
(c) The C&F AGENT shall inform HPCL promptly of any violation of HPCL’s right in the matter of any patent, copyright, design and model, trademarks or brands, logo, emblems, or of any laws, rules, regulations, etc. having the force of statute of which he/it might have knowledge and, at all times, give to HPCL and to any of its officials or employees all reasonable and proper assistance in his/its power for the purpose of knowledge and also for furthering the interest of HPCL in the AREA.
(d) The C&F AGENT shall use his/its endeavor to protect HPCL's interests within the AREA and in particular will watch closely for any unauthorised use of the patent, trademarks, design, copyright, etc., or counterfeiting by third Parties or marketing of the PRODUCTS, which, in any other way, are an infringement of HPCL’s rights, referred hereinabove. The C&F AGENT shall notify HPCL forthwith in writing of any such unauthorised use of the trademarks or of HPCL's intellectual property rights or other rights by third Parties, which comes to his/ its notice. However, the C&F AGENT shall not take any further action whatsoever on behalf of HPCL concerning such unauthorised use unless specifically requested to do so in writing by HPCL. Any action, as aforesaid, taken by the C&F AGENT at the request of HPCL shall be at the sole cost of HPCL.
(e) The C&F AGENT shall not use trademarks, etc. belonging to HPCL except to the extent necessary to perform his/its obligations under this Agreement with HPCL’s written consent.
(f) The C&F AGENT shall not sell or promote any of the PRODUCTS under any other trade name or trademark other than the trade name or trademark approved by HPCL.
Intellectual Property Right. A.6.1 For Work and/or Services developed by Dyflexis, the Intellectual Property Rights lie with Dyflexis unless it has been agreed in writing with the Client that the rights will be transferred.
A.6.2 The Intellectual Property Rights concerning the open source software belonging to third parties that is used by Dyflexis are vested in the software developer or another rights holder. Such rights may not be transferred to a Client under any circumstances. The Client is responsible for compliance with open source software licences and indemnifies Dyflexis against claims by third parties concerning compliance with these licences.
A.6.3 The Client will obtain a non-exclusive and non-transferrable user right from Dyflexis for the duration of the Agreement for the Work that was specifically developed for and under the Instructions of the Client. Under this user right the Client has the right to use the Work for its own purposes. Furthermore, Dyflexis also places restrictions and/or conditions on the use of this Work.
A.6.4 Dyflexis is permitted to fully or partially use the developed Work and the associated source files and source code for other clients and purposes.
A.6.5 Dyflexis is not under the obligation to make the source files and source code of the developed Work available to the Client, unless agreed otherwise in writing.
A.6.6 Dyflexis is permitted to take technical measures to prevent changes to the developed Work and the associated source files and source code. This also includes protecting the Work using encryption.
Intellectual Property Right. 5.1. Party B and its affiliated companies shall have all the rights of their own services and systems in this agreement. During the cooperation between the two parties, with Party B’s prior review and written approval, Party A may use Party B’s or its obligee’s trademark, sign, product or service name, logo and other intellectual property rights on relevant websites and promotional materials for purposes of this agreement. But Party A shall not claim any rights or any challenge, revocation, disagreement or objection to Party B’s or its obligee’s intellectual property rights. If Party A needs to use and display the trademark, sign, product or service name, logo and other intellectual property rights of Party B or its obligee beyond the operation of this agreement, the two parties shall negotiate and sign a relevant agreement. Except for the above circumstances, in this agreement Party B has not granted to Party A a license or transfer of any intellectual property rights explicitly or implicitly; if Party A requires the intellectual property licensing of Party B or its obligee, the license agreement and authorization documents need to be signed. If Party A uses the intellectual property rights of Party B or its obligee without authorization of Party B, or its use violates the guidelines of Party B or its obligee causing an adverse effect, Party B has the right to request Party A to undertake remedial measures within a specified period of time. If Party A fails to remedy before the deadline, Party B has the right to immediately terminate all agreements signed by the two sides and regard Party A’s breach of the agreement as grounds for terminating the agreement. In case of any loss to Party B or any of its obligee, Party A shall bear the corresponding liability for compensation to Party B or its obligee.
Intellectual Property Right. Other than the rights expressly stated in these License Terms, Hitachi transfers no ownership of any intellectual property rights to You.. You hereby grant to Hitachi a worldwide, royalty free, non-exclusive license to use and reproduce any material provided by You, for the sole purpose of Hitachi’s performance of services under these License Terms.
Intellectual Property Right. 10.1 The Contractor shall fully indemnify USF against any and all actions, claims, demands, proceedings, damages, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks in Pakistan by use or possession of the Service, Software and Equipment supplied by the Contractor.
10.2 If at any time any allegation of infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks by the use or possession of the Service, Software and Equipment supplied by the Contractor under the Contract is made or in the Contractor’s reasonable opinion is likely to be made, the Contractor may at their own expense modify or replace the service, Software and Equipment, without detracting from overall performance, and shall make good to USF, jointly and/or severally, any loss of use during modifications or replacement and/or any other losses arising out of such infringement or anticipated infringement.
10.3 The Contractor’s indemnity shall not apply to the extent such claims arise if the software has been used otherwise than in accordance with the terms of the Contract or instructions provided by the Contractor.
Intellectual Property Right. 7.1 The Consultant shall fully indemnify USF against any and all actions, claims, demands, proceedings, damages, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any intellectual property rights including copyright, patent rights, domains, design rights and trade marks by use of or possession of by the Consultant, including any application or software in or under use of Consultant for providing the Services or developed in connection with this Contract.
7.2 If at any time any allegation of infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks by the use or possession of the Services supplied by the Consultant under the Contract is made or in the Consultant’s reasonable opinion is likely to be made, the Consultant may at their own expense modify or replace the Services, without detracting from overall performance, and shall make good to USF, jointly and/or severally, any loss of use during modifications or replacement and/or any other losses arising out of such infringement or anticipated infringement.
7.3 The Consultant acknowledges and agrees that all patents, designs, trade names, trademarks, copyrights, trade secrets, codes, software, or other intellectual property prepared or developed by Consultant in result of the Services under this Contract shall be and remain the sole property of USF, during/or after termination or expiry of this Contract.
7.4 The Consultant grants the USF the exclusive ownership of Services and outcomes of Services to use any information, specifications, warranty information, data, images, and/or intellectual property which Consultant furnishes USF during or after the expiry of termination of the Contract.
7.5 USF may use the contents developed by Consultant and portals, websites, emails, and marketing or advertising campaigns. All rights shall be exclusively transferred without dispute to USF, upon successful completion of the Contract or any termination, if takes place before such completion.
Intellectual Property Right. Party A has legal rights in respect of relevant services, and Party B will not obtain any intellectual property right in respect of the services hereunder due to this Agreement. All intellectual property rights arising in the course of accepting Party A’s services by Party B, including but not limited to copyrights, patents, patent applications, trademarks, trademark applications, software, knowhow, technological data and trade secrets, whether developed or created by Party A or Party B, shall be owned by Party A.
Intellectual Property Right. All rights including copyrights, trademark rights and other intellectual property rights related to content, text, images, data, software, and information (“Content”) provided to Users by the Service belong to Pioneer or its Licensors. Users shall not use (including by copying, modifying, or publicly transmitting) all or any part of the Content provided through the Service in any form without the express permission of Pioneer and its Licensors, beyond the scope expressly permitted by this Agreement or applicable law.
Intellectual Property Right. Party A permits Party B to use the trademark, patent, copyright and so on of the goods provided by Party A, and the license method is general license. The above general license right enjoyed by Party B is only applicable to the business purpose of selling Party A's products in the Territory. If Party B finds that any third party infringes Party A's intellectual property rights or does any illegal act harmful to Party A's interests, Party B shall report to Party A. Party B shall not compete with Party A or help others with Party A, and party B shall not manufacture agent products or products similar to those sold on commission, nor shall it profit from any enterprise competing with Party A.
Intellectual Property Right. The Agreement includes a comprehensive chapter covering all the main Intellectual Property Rights (IPR) outcome including on geographical indications and ensure high standards of protection and enforcement beyond TRIPS rules. The provisions on copyright and related rights cover all the rights protected by the EU acquis, including resale rights, and mirror the high EU standard as regards the term of protection. The trademark provisions include the important commitment to the Madrid Protocol and the Nice Agreement and follow the new EU approach on the possibility of seizing goods in transit. The IPR chapter further copies the EU definition of industrial designs including complex designs and the term of protection of registered designs of up to 25 years. As regards pharmaceutical and plant protection patents, the IPR chapter contains both the possibility of compensation for unreasonable delays in the marketing authorization process and provisions on the data protection terms in this regard. Plant varieties are protected in line with the latest international standards. The IPR chapter integrates the most significant parts of the recently established EU acquis in relation to the scope of protection of trade secrets and the procedural rules applicable in this regard. The IPR chapter further includes a detailed section on civil and administrative enforcement, which in particular provides for the availability of provisional and precautionary measures and remedies. A dedicated text on border enforcement ensures the active involvement of customs authorities in targeting and identifying IPR infringements with respect to all goods under customs control. Customs authorities shall hereby be supported by a central database and may act upon their own initiative to suspend the release of or detain suspect goods. The IPR chapter goes well beyond the existing agreement with Mexico, which basically only makes reference to international obligations. The added value for Europe's IPR- intensive industry and IPR owners is therefore significant. The Section contains provision for the reciprocal protection of a selected list of Geographical Indications (GIs) of the EU and Mexico. In the case of the European Union 340 names for foodstuffs, wines and beers will be protected. This is on top of the already existing protection for EU spirits GIs protected through the 1997 EU/Mexico Spirit Agreement. The Spirits Agreement will also be incorporated into new agreement.
