Common use of JOINTLY OWNED RESULTS Clause in Contracts

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 such defence may bring, through a settlement or a court verdict, shall be collected solely by such co-owner having defended the Result. 8.3.6. Following the reporting of the Result pursuant to Section 8.2.2, and in good faith and loyalty, the co- owners shall initiate negotiations aiming at a contract governing the co-owned Result or an agreement regarding the dissolution of the joint ownership and the conditions therefore. Unless the co-owners agree otherwise, the negotiation period shall last for 6 months as of the date of the reporting of the Result.

Appears in 1 contract

Samples: Consortium Agreement

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JOINTLY OWNED RESULTS. 8.3.1. Should a Result be inventedjointly owned, created, developed or discovered by more than one Party of the Innovation Hub, it shall be jointly owned by such Parties. Should and should the co-owners not have executed an agreement pertaining per- taining to the ownership, or in writing have agreed otherwiseoth- erwise, each of the co-owners shall 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 joint- ly owned Result. Such use and/or exploitations may not commence until the Result has been treated by the Project Board and, if relevant, a Declaration of Result Ownership process has been completed pursuant to Sections 8.2.2 and 8.2.3. 8.3.2. The right to use and to exploit the Result pursuant pur- suant 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 com- promise 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 negli- gence 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 Sec- tion 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 confidenti- ality 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- co-owner incurring such expenses shall, unless otherwise other- wise agreed, be reimbursed by invoice. No one of the co- co-owners shall however be liable for the reimbursement reimburse- ment of costs incurred before the end of the negotiation period of Section 8.3.6. For information purposes only, all co- co-owners shall receive a copy of the patent application appli- cation before it is filed. No one of the co-owners shall be entitled to request pre-publication of a patent application ap- plication 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 confidenti- ality 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 such defence may bring, through a settlement settle- ment or a court verdict, shall be collected solely by such co-owner having defended the Result. 8.3.6. Following the reporting consideration period of the Result pursuant to Section 8.2.2, and in good faith and loyalty, the co- owners shall initiate negotiations aiming at a contract governing the co-owned Result or an agreement regarding the dissolution of the joint ownership and the conditions therefore. Unless the co-owners agree otherwise, the negotiation period shall last for 6 months as of the date of the reporting of the Result.Section

Appears in 1 contract

Samples: Consortium Agreement

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- co-owner incurring such expenses shall, unless otherwise agreed, be reimbursed by invoice. No one of the co- co-owners shall however be liable for the reimbursement of costs incurred before until 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 such defence may bring, through a settlement or a court verdict, shall be collected solely by such co-owner having defended the Result. 8.3.6. Following the reporting of the Result pursuant to Section 8.2.2, and in good faith and loyalty, the co- owners shall initiate negotiations aiming at a contract governing the co-owned Result or an agreement regarding the dissolution of the joint ownership and the conditions therefore. Unless the co-owners agree otherwise, the negotiation period shall last for 6 months as of the date of the reporting of the Result.

Appears in 1 contract

Samples: Consortium Agreement

JOINTLY OWNED RESULTS. 8.3.1. Should a Result be inventedjointly owned, created, developed or discovered by more than one Party of the Innovation Hub, it shall be jointly owned by such Parties. Should and should the co-owners not have executed an agreement pertaining pertain- ing to the ownership, or in writing have agreed otherwise, each of the co-owners shall shall, without any prior consent from and without compensation to the other co-owner(s) own- er(s), have a right to use and to exploit the jointly owned Result. Such use and/or exploitations may not com- mence until the Result has been treated by the Project Board and, if relevant, a Declaration of Result Ownership process has been completed pursuant to Sections 8.2.2 and 8.2.3. 8.3.2. The right to use and to exploit the Result pursuant pur- suant 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 li- censee 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 Sec- tion 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 confidentiali- ty of the Result and may not contain a right for the licensee licen- see 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- co-owner incurring such expenses shall, unless otherwise agreed, be reimbursed by invoice. No one of the co- owners co-own- ers shall however be liable for the reimbursement of costs incurred before until 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 such defence may bring, through a settlement settle- ment or a court verdict, shall be collected solely by such co-owner having defended the Result. 8.3.6. Following the reporting consideration period of the Result pursuant to Section 8.2.2, 8.2.2 and in good faith and loyalty, the co- co-owners shall initiate negotiations aiming at a contract governing the co-owned Result or an agreement regarding the dissolution dissolu- tion of the joint ownership and the conditions therefore. Unless the co-owners agree otherwise, the negotiation period shall last for 6 months as of the date end of the reporting of the Resultconsid- eration period in Section 8.2.2.

Appears in 1 contract

Samples: Consortium Agreement

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JOINTLY OWNED RESULTS. 8.3.1. Should a Result be inventedjointly owned, created, developed or discovered by more than one Party of the Innovation Hub, it shall be jointly owned by such Parties. Should and should the co-owners not have executed an agreement pertaining pertain- ing to the ownership, or in writing have agreed otherwise, each of the co-owners shall shall, without any prior consent from and without compensation to the other co-owner(s) own- er(s), have a right to use and to exploit the jointly owned Result. Such use and/or exploitations may not com- mence until the Result has been treated by the Project Board and, if relevant, a Declaration of Result Ownership has been completed pursuant to Sections 8.2.2 and 8.2.3. 8.3.2. The right to use and to exploit the Result pursuant pur- suant 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 li- censee 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 Sec- tion 8.3.6., the rights of the co-owners shall include the right to grant non-exclusive exclusive, non-transferrable, non-sub- licensable 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-licenseResult. 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- co-owner incurring such expenses shall, unless otherwise agreed, be reimbursed by invoice. No one of the co- owners co-own- ers shall however be liable for the reimbursement of costs incurred before until 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 such defence may bring, through a settlement settle- ment or a court verdict, shall be collected solely by such co-owner having defended the Result. 8.3.6. Following the reporting consideration period of the Result pursuant to Section 8.2.2, 8.2.2 and in good faith and loyalty, the co- co-owners shall initiate negotiations aiming at a contract governing the co-owned Result or an agreement regarding the dissolution dissolu- tion of the joint ownership and the conditions therefore. Unless the co-owners agree otherwise, the negotiation period shall last for 6 months as of the date end of the reporting of the Resultconsid- eration period in Section 8.2.2.

Appears in 1 contract

Samples: Consortium Agreement

JOINTLY OWNED RESULTS. 8.3.1. Should a Result be inventedjointly owned, created, developed or discovered by more than one Party of the Innovation Hub, it shall be jointly owned by such Parties. Should and should the co-owners not have executed an agreement pertaining pertain- ing to the ownership, or in writing have agreed otherwise, each of the co-owners shall shall, without any prior consent from and without compensation to the other co-owner(s) own- er(s), have a right to use and to exploit the jointly owned Result. Such use and/or exploitations may not com- mence until the Result has been treated by the Steering Committee and, if relevant, a Declaration of Result Own- ership has been completed pursuant to Sections 8.2.2 and 8.2.3. 8.3.2. The right to use and to exploit the Result pursuant pur- suant 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 li- censee 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 Sec- tion 8.3.6., the rights of the co-owners shall include the right to grant non-exclusive exclusive, non-transferrable, non-sub- licensable licenses to third parties. Such licenses shall be executed in writing, writing and 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-licenseResult. 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- co-owner incurring such expenses shall, unless otherwise agreed, be reimbursed by invoice. No one of the co- owners co-own- ers 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 PartySec- tion 8. 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 such defence may bring, through a settlement or a court verdict, shall be collected solely by such co-owner having defended the Result. 8.3.6. Following the reporting of the Result pursuant to Section 8.2.2, and in good faith and loyalty, the co- owners shall initiate negotiations aiming at a contract governing the co-owned Result or an agreement regarding the dissolution of the joint ownership and the conditions therefore. Unless the co-owners agree otherwise, the negotiation period shall last for 6 months as of the date of the reporting of the Result.

Appears in 1 contract

Samples: Consortium Agreement

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