Jointly Owned. In the event of any invention jointly owned by the parties under Section 4.1 above, ABX shall have the sole right and responsibility (but not the obligation), at its expense, to file, prosecute and maintain all patent applications (and to conduct any interferences, oppositions, or reexaminations thereon, and to request any reissues or patent term extensions thereof) claiming any XenoMouse Animals or any uses thereof, and GNE shall have the sole right and responsibility (but not the obligation), at its expense, to file, prosecute and maintain all patent applications and patents (and to conduct any interferences, oppositions, or reexaminations thereon, and to request any reissues or patent term extensions thereof) claiming the Product Antigen, any Antibody or Product and/or its development, manufacture, use or sale. The party having such rights and responsibilities hereunder is referred to as the "Controlling Party". The Controlling Party shall: (i) provide the non-Controlling Party with any patent application filed hereunder by the Controlling Party promptly after such filing; (ii) provide the non-Controlling Party promptly with copies of all substantive communications received from or filed in patent office(s) with respect to such filings; (iii) notify the non-Controlling Party of any interference, opposition, reexamination request, nullity proceeding, appeal or other interparty action and review it with the non-Controlling Party as reasonably requested; and (iv) provide the non-Controlling Party, a reasonable time prior to taking or failing to take any action that would substantially affect the scope of validity of rights under such patent applications or patents thereon (including substantially narrowing or canceling any claim without reserving the right to file a continuing or divisional application, abandoning any patent or not filing or perfecting the filing of any patent application) with notice of such proposed action so that the non-Controlling Party has a reasonable opportunity to review and make comments. If the Controlling Party fails to undertake the filing of a patent application (or continuing or divisional application) within ninety (90) days after a written request from the non-Controlling Party to do so, or if the Controlling Party discontinues the prosecution or maintenance of a patent application or patent, the non-Controlling Party at its expense may, in its discretion, undertake such filing, prosecution or maintenance thereof, in which...
Jointly Owned. All other inventions developed by the Parties or by either Party under this Agreement or the Clinical Supply Agreement shall be the joint property of the Parties (“Joint IP”), provided that it does not belong under Section 7.1(a) or (b) to either LTS IP or NeurogesX IP. Neither Party shall have any obligation to account to the other Party for profits with respect to, or to obtain any approval of the other Party to license or exploit, any Joint IP by reason of their joint ownership, and each Party waives any such right it might have under the applicable laws in any country; provided, that NeurogesX shall only have the right to exploit and license the Joint IP for VR1-Ligand applications and products, and LTS shall only have the right to exploit or license the Joint IP for any applications and products other than VR1-Ligand applications and products.
Jointly Owned. (1) If the R&D Project is jointly funded by the parties and either: (a) OpNext contributes fifty percent (50%) or more of the New Development Costs to the R&D Project; or (b) OpNext contributes less than fifty percent (50%) of the New Development Costs to the R&D Project but the parties determine through good faith negotiations that OpNext contributed to the R&D Project in some other fashion, and in both (a) and (b) above the resulting Intellectual Property can clearly be identified with reasonable certainty as that resulting from such R&D Project, then such Intellectual Property shall be deemed Jointly Developed Intellectual Property and shall be owned jointly by the parties and either party may practice such Jointly Developed Intellectual Property without an accounting or compensation to, or the consent of, the other party. Except as set forth in Section 4(c)(iii) below, if either party desires to license any of its rights to the Jointly Developed Intellectual Property herein to a third party, it shall obtain the prior written consent of the other party hereto. Each party shall have the right to apply, in both parties’ names, for Intellectual Property protection in the Jointly Developed Intellectual Property, subject to the following: (i) the parties shall agree on the proper way and strategy for proceeding with all protection of the Jointly Developed Intellectual Property in accordance with the R&D Procedures; (ii) all expenses incurred in obtaining and maintaining Intellectual Property protection in the Jointly Developed Intellectual Property shall be equally shared by the parties; and (iii) in the event that one (1) of the parties elects not to seek or maintain patent or other Intellectual Property protection for any Jointly Developed Intellectual Property in any particular country or not to share equally in the expenses thereof with the other party, the other party shall have the right to seek or maintain such protection at its sole expense in such country and shall have full control over the prosecution and maintenance thereof even though title to any patent or other Intellectual Property protection issuing therefrom shall be jointly owned by the parties.
(2) To the extent OpNext shares the costs of its proportion of the joint funding as described in (1) above, with any Wholly-Owned Subsidiary of OpNext for an R&D Project, OpNext shall have the right to license any Jointly Developed Intellectual Property arising from such R&D Project and the right t...
Jointly Owned. WAGONS In the case of jointly owned wagons, extant free time & demurrage rules as applicable for detention of railway owned stock by normal rail users (i.e. other than steel plants) will be applicable. However, demurrage charge will be levied @ 50% of the rate of demurrage charge as applicable to normal Rail users (i.e. other than steel plants).
Jointly Owned. (a) JTI shall have the first right and responsibility (but not the obligation), at its expense, to file, prosecute and maintain all patent applications and patents (and to conduct any interferences, oppositions, or reexaminations thereon, and to request any reissues or patent term extensions thereof) claiming any invention that is jointly-owned by the Parties in accordance with Section 6.5 (a "Joint Invention") and/or its development, manufacture, use or sale.
(b) In connection with the activities of JTI described in Section 6.7.2, JTI shall: (i) provide to ABX any patent application filed by JTI that covers a Joint Invention promptly after such filing; (ii) provide ABX promptly with copies of all substantive communications received from or filed in patent office(s) with respect to such filings; (iii) notify ABX of any interference, opposition, reexamination request, nullity proceeding, appeal or other inter-party action and review such action with ABX as reasonably requested; and (iv) notify ABX if JTI intends to take or refrain from taking any action that would substantially [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
11. affect the scope or validity of, or rights under, such patent applications or patents thereon (including substantially narrowing or canceling any claim without reserving the right to file a continuing or divisional application, abandoning any patent or not filing or perfecting the filing of any patent application) reasonably advance of any deadlines relating thereto so that ABX has a reasonable opportunity to review and make comments thereon.
Jointly Owned. Subject to the restrictions in this Section, the ------------- Converted User Data shall be deemed to be the property of both of the parties and each party shall be free to license or otherwise exploit such information with no duty of accounting to the other party. All other data collected by Snowball or xxx.xxx shall be deemed to be the property of the collecting party. Both parties acknowledge that any data concerning Converted Users that a party has gathered independent of this Agreement shall not be covered by this Agreement. xxx.xxx acknowledges that the User Data that is not part of the Converted User Data is the sole and exclusive property of Snowball.
Jointly Owned. [***] inventions developed by the Parties under this Agreement shall be the joint property of the Parties (“Joint IP”), provided that it does not belong to [***]. Neither Party shall have any obligation to account to the other Party for profits with respect to, or to obtain any approval of the other Party to license or exploit, any Joint IP by reason of their joint ownership, and each Party waives any such right it might have under the applicable laws in any country; provided, that NeurogesX [***] have the right to [***] applications and products.
Jointly Owned. With respect to Jointly Owned Technology, [...***...] shall have the first right to take action to remove such infringement using commercially appropriate steps, including without limitation, the filing of an infringement suit or other similar action. In the event [...***...] fails to take commercially appropriate steps to remove any infringement of any such Jointly Owned Technology within [...***...] following notice of such infringement, or earlier notifies [...***...] of its intent not to take such steps, then [...***...] shall have the right to do so at its expense; provided, however, that if [...***...] has commenced negotiations with an alleged infringer for discontinuance of such infringement within such ninety (90) day period, [...***...] shall have an additional [...***...] to conclude its negotiations before [...***...] may bring suit for such infringement or take other similar action.
Jointly Owned. The name of the Joint Library and the Library Building and any ancillary names thereto together with the image of the Library Building and any logos created for the Joint Library shall be jointly owned by the University and the City.
Jointly Owned. All technology developed and funded jointly by the Parties for use in the Joint Library shall be jointly owned by the University and the City.
