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.
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Samples: Cfa Agreement, Cfa Agreement
Intellectual Property Right. (a) C&F Agent acknowledges that HPCL owns During the performance of this Agreement, both Parties shall jointly complete the record-filling and will retain all rightregistration procedures for TLBB (Traditional Chinese Version) with the scope of the license. Soft-World shall be responsible for the relevant application procedures and the total costs, title and interest Gamease shall provide the necessary assistance in and to accordance with the relevant government regulations within the scope of the license. No registration file shall be deemed as alteration, assignment or forfeiture of any and all worldwide of Gamease’s intellectual property and proprietary rights embodied right 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 AgreementLicensed Product.
(b) HPCL reserves The ownership of the right trademark of TLBB belongs to take whatever action Gamease. During the performance of this Agreement, Soft-World may use the trademark of TLBB (Traditional Chinese Version) within the scope of the license, and it deems necessary and as provided under the relevant statute shall be obligated to protect its goodwillthe trademark against infringement. During the term of cooperation, patentsSoft-World shall use the existing trademark and symbol of TLBB, trademarks, copyright, reputation, to which no alterations shall be made without the PRODUCTS or the design prior written consent of its containers/packaging from imitations, counterfeiting, unfair competition, passing off,etcGamease.
(c) Soft-World hereby warrants that each set of user end will be sold through the product distribution channels, and the image, symbol and trademark of Gamease and TLBB will be printed or shown on each of the packagings, posters or advertisements. The C&F AGENT draft design of the packaging, poster or relevant advertisements shall inform HPCL promptly be subject to examination and confirmation of any violation of HPCL’s right Gamease 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 AREAadvance.
(d) The C&F AGENT shall Soft-World hereby agrees to terminate the operation of TLBB in the licensed areas upon termination of this Agreement, not to collect revenue and return to Gamease the copyright, trademark use his/its endeavor right, all relevant certificates of approval and all other authorizations obtained for the performance of this Agreement. Meanwhile, Soft-World hereby agrees that it shall, within three (3) months upon the termination of this Agreement, return to protect HPCL's interests within Gamease relevant data (including the AREA and in particular will watch closely for any unauthorised use of data on the patentusers, trademarks, design, copyrightthe game, etc.), or counterfeiting by third Parties or marketing information (such as technological know-hows, designs, materials, patents and technologies, etc. ) relating to the operation 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 HPCLgame.
(e) The C&F AGENT In the event there is a potential infringement action against the Licensed Product or an unfair competition action from any third Party, which is acknowledged by one Party, such Party shall not use trademarksnotify the other Party immediately. Both Parties shall take reasonable measures to prevent or stop the third Party from undertaking an infringement or unfair competition action. As the owner of the copyright, etcGamease is entitled to take protective measures at its own discretion. belonging If necessary, Gamease and Soft-World shall jointly take protective measures to HPCL except prevent or stop the infringement or unfair competition action. Gamease may, by issuing a power of attorney to Soft-World, authorize the extent necessary latter to perform his/its obligations under this Agreement with HPCL’s written consentbe in charge of the actual implementation of such measures within the scope of the license.
(f) The C&F AGENT shall not sell or promote any Soft-World shall, within one hundred and eighty (180) days upon the execution of this Agreement, officially start operating the game (launching the commercialization of the PRODUCTS under game) within the scope of the license. If Soft-World fails to officially start operating the game within the aforesaid 180 days, Gamease shall have the right to terminate this contract unilaterally and take back the copyright and the use rights of the other intellectual property. Soft-World shall be entitled to claim neither the refund of the royalty paid to Gamease nor any other trade name or trademark other than the trade name or trademark approved by HPCLeconomic loss from Gamease.
Appears in 1 contract
Intellectual Property Right. (a) C&F Agent 14.1 Each Party acknowledges that HPCL owns and will retain all nothing contained in this Agreement transfers to the other Party any right, title and or proprietary interest in and to (including without limitation any and all worldwide intellectual property and rights), in any part which are the subject matter hereof, or any proprietary rights embodied in the PRODUCTinformation (including without limitation any trademarks, including, but not limited to, all copyrights, patent rightsservice marks, trade secret rights and trademarksnames, or logos ("Marks"), trade secrets, knowhow, inventions, patents (including any applications, extensions, continuations, renewals and re-issues thereof), copyrights, designs and industrial designs).
14.2 The Parties agree that they shall use the proprietary marks of each other in relation to this Agreement. The DSA shall furnish to the Company all such materials and advertisements prior to circulating or publishing and obtain prior written consent of the Company which consent shall not be unreasonably withheld.
14.3 The Parties acknowledge and accept that any use of the intellectual property rights of the Company and/or the DSA on the materials, advertisements etc. C&F Agent further acknowledges that it will have no rights with respect relating to any the Services and other matters incidental thereto or related therewith shall not constitute an infringement of the foregoing other than intellectual property rights of the rights expressly set forth in this AgreementCompany and/or the DSA under applicable Laws.
(b) HPCL reserves 14.4 The Parties further agree that neither Party shall acquire any right whatsoever through use in commerce in the right intellectual property rights of the other Party on account of permitted use in terms of the above and all such rights pertaining to take whatever action it deems necessary use and as provided under the relevant statute to protect its goodwill, patents, trademarks, copyright, reputation, the PRODUCTS or the design title of its containers/packaging from imitations, counterfeiting, unfair competition, passing off,etcall intellectual property rights shall exclusively vest with such Party.
(c) 14.5 The C&F AGENT Parties covenant that they shall inform HPCL promptly forthwith upon learning of any violation unauthorized reproduction, use, or modifications of HPCLthe intellectual property rights of the other Party inform such Party of the same and will assist the said Party in taking all actions deemed necessary against such acts.
14.6 The Parties covenant that the said usage of the Marks shall be during the tenure/Term of the present arrangement and shall cease upon termination of the same. It is clearly understood between the Parties that there shall be no consideration for the use of the trademark/ tradename of the DSA and/or the Company and the usage of the DSA’s and/or the Company’s Marks does not give any right in the matter information on the application form to the DSA. Upon termination or dis-continuation of this arrangement on any patentgrounds whatsoever, copyrightthe DSA and/or the Company shall forthwith cease to use the name, design and modeltrademark, trademarks or brands, logo, emblemssymbol, 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 logo of the patentCompany and/or the DSA on any stationery, trademarksletterhead, designdocument, copyrightnameplate, etc.furniture, marketing material, product brochures, representation 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 HPCLmanner.
(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.
Appears in 1 contract
Samples: Direct Selling Agreement
Intellectual Property Right. (a) C&F Agent Industrial Lube Distributorship (ILD) 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 Industrial Lube Distributorship (ILD) 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 INDUSTRIAL LUBE DISTRIBUTORSHIP (ILD) shall inform HPCL promptly of any violation of violationof 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 haveknowledge and, at all times, give to HPCL and to any of its officials or officialsor 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 INDUSTRIAL LUBE DISTRIBUTORSHIP (ILD) 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 INDUSTRIAL LUBE DISTRIBUTORSHIP (ILD) 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 INDUSTRIAL LUBE DISTRIBUTORSHIP (ILD) shall not take any further action whatsoever on behalf of behalfof 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 INDUSTRIAL LUBE DISTRIBUTORSHIP (ILD) at the request of HPCL shall be at the sole cost of HPCL.
(e) The C&F AGENT INDUSTRIAL LUBE DISTRIBUTORSHIP (ILD) 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 INDUSTRIAL LUBE DISTRIBUTORSHIP (ILD) 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.the
Appears in 1 contract
Intellectual Property Right. The Employee acknowledges and agrees that the Corporation is the owner of any and all Intellectual Property Rights to any Intellectual Property that are, in whole or in part, discovered, invented, created, expressed in any material form (tangible or intangible), produced or implemented by the Employee, whether acting alone, jointly or in collaboration with any third party, (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 execution of the foregoing other than the rights expressly set forth in this Agreement.
, (b) HPCL reserves relating to the right to take whatever action it deems necessary and as provided under technology, activities or affairs of the relevant statute to protect Corporation, its goodwillclients or suppliers, patents, trademarks, copyright, reputation, the PRODUCTS or the design of its containers/packaging from imitations, counterfeiting, unfair competition, passing off,etc.
and/or (c) The C&F AGENT shall inform HPCL promptly of using the Corporation’s equipment or facilities. Notwithstanding the paragraph above, should the Employee hold any violation of HPCL’s right Intellectual Property Rights to Intellectual Property contemplated in the matter above paragraph, whether by virtue of a country’s law or otherwise, the Employee hereby irrevocably assigns such Intellectual Property Rights to the Corporation, and this assignment shall take effect as of the date on which those Intellectual Property Rights come into existence, and shall be effective throughout the world for the entire period that those Intellectual Property Rights are protected (including any patentextension of this term as may occur from time to time in any country) and shall not be subject to any restriction whatsoever, copyrightincluding any related to format, design market sectors or any other restrictions affecting the scope of this assignment. The Employee irrevocably waives any moral right that he may claim with regards to Intellectual Property contemplated in the preceding paragraphs, to the fullest extent permitted by law in any country. The Employee agrees to create 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 andkeep, at the Corporation’s premises, records or other documentation in conformity with industry practice related to any Intellectual Property that he discovers, invents, creates, produces, implements or expresses in any material form (whether tangible or intangible). These records and/or documentation shall include all timessource files or codes necessary to exploit such Intellectual Property. The Employee agrees to refrain from incorporating his own Intellectual Property or that belonging to a third party into the systems, give products or services of the Corporation without first obtaining the written consent of the Corporation and without disclosing to HPCL the Corporation the conditions under which this Intellectual Property can be used. Should the Employee incorporate his own Intellectual Property into the systems, products or services of the Corporation without respecting the provisions of this paragraph, the Employee shall irrevocably assign such Intellectual Property Rights to the Corporation, and this assignment shall take effect as of the date on which the incorporation took place and be effective throughout the world for the entire period that those Intellectual Property Rights are protected (this term may be extended from time to time in any country), and shall not be subject to any restriction whatsoever, including those relating to format, market sectors or any other restriction affecting the scope of this assignment. The Employee undertakes, for the term of this Agreement and at all times thereafter, to fully and promptly disclose to the Corporation any Intellectual Property contemplated in the preceding paragraphs and to fill out and sign, at the Corporation’s request, such documents as may be necessary or useful to reflect or give effect to the provisions in Article 7 of this Agreement, including any of its officials required in order to ensure that the Corporation may obtain, protect 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, exercise these Intellectual Property Rights 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 HPCLcountry.
(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.
Appears in 1 contract
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 expressely 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.
Appears in 1 contract
Samples: Cfa Agreement