JOINTLY OWNED RESULTS. 1. Results that were jointly generated by both Parties will be jointly owned by the Parties, hereinafter referred to as (“Jointly Owned Results”) and each of the Parties shall be free to use these Jointly Owned Results as it sees fit without owing the other Party any compensation or requiring the consent of the other Party. Each Party, therefore, for example and without limitation, has the transferable right to grant non-exclusive, further transferable licenses under such Jointly Owned Results to third parties. Each Party shall be entitled to disclose such Jointly Owned Results without restrictions unless such Jointly Owned Results contain a Joint Invention in which case no disclosure must be made prior to the filing of a priority application.
2. With respect to any joint invention resulting from this MoU (i.e. any invention jointly made by employees of both Parties), the features of which cannot be separately applied for as Intellectual Property Rights and which are eligible for statutory protection requiring an application or registration (herein referred to as “Joint Invention”), the Parties shall agree on which Party will carry out any filling as well as any further details with regard to persecuting and maintaining of relevant patent applications.
JOINTLY OWNED RESULTS. 8.3.1. Should a Result be invented, created, developed or discovered by more than one Party of the Innovation Hub, it shall be jointly owned by such Parties. Should the co-owners not have executed an agreement pertaining to the ownership, or in writing have agreed otherwise, each of the co-owners shall without any prior consent from and without compensation to the other co-owner(s) have a right to use and to exploit the jointly owned Result.
8.3.2. The right to use and to exploit the Result pursuant to Section 8.3.1 shall at all times be subject to the confidentiality undertaking pursuant to Section 9.4, so as to not by the breaching of the confidentiality compromise the possibility to obtain patent protection for said Result. Should the usage of a co-owning Party or such Party’s licensee pursuant to Section 8.3.3 by negligence cause a breach of the confidentiality of the Result attributable to the co-owning Party, such Party shall be fully liable to the other co-owners.
8.3.3. As of the end of the negotiation period of Section 8.3.6., the rights of the co-owners shall include the right to grant non-exclusive licenses to third parties. Such licenses shall be executed in writing, shall include an obligation for the licensee to protect the confidentiality of the Result and may not contain a right for the licensee to sub-license.
8.3.4. Each of the co-owners of a Result may, in the name of all co-owners, apply for patent protection for the said Result, which shall not be regarded as a breach of the confidentiality undertaking. Costs pertaining to the preparation and prosecution of a patent application as well as costs for maintenance shall, unless otherwise agreed, be borne by the co-owners in equal shares. A co- owner incurring such expenses shall, unless otherwise agreed, be reimbursed by invoice. No one of the co- owners shall however be liable for the reimbursement of costs incurred before the end of the negotiation period of Section 8.3.6. For information purposes only, all co- owners shall receive a copy of the patent application before it is filed. No one of the co-owners shall be entitled to request pre-publication of a patent application without the prior written consent of all other co-owners, and a request for pre-publication without consent shall be regarded as a breach of the confidentiality undertaking of the requesting Party.
8.3.5. Each of the co-owners of said Result shall be entitled to defend the Result at its own expense. Any award which s...
