Kinex Patent Rights. Kinex shall have the sole right to file and maintain the Kinex Patent Rights in Kinex’s name or the name of its Affiliates within and outside the Territory by retaining patent counsel selected by Kinex and shall be responsible for the payment of all costs and fees relating to patent filing and maintenance. Kinex agrees to keep Hanmi informed of the course of patent application or other proceedings and to furnish Hanmi, per its request, with copies of office actions received by Kinex from any Regulatory Authority outside the Territory concerning Kinex Patent Rights. Kinex or its Affiliates shall also have the first right to file and maintain all Jointly Owned Intellectual Property in the Territory. Kinex hereby grants a right of first refusal to Hanmi for any Kinex Patent Rights required by the Licensed Products for which Kinex intends to grant any right or license outside the Territory and outside any territories licensed to its Affiliates. Kinex shall provide Hanmi with written notice of the terms on which Kinex proposes to license such Kinex Patent Rights outside the Territory and outside any territories licensed to its Affiliates, and Hanmi shall have ninety (90) days from the date of receipt of such written notice to send a written reply to Kinex indicating its desire to license such Kinex Patent Rights on the terms contained in Kinex’s written notice. If Hanmi does not respond within the ninety (90) days, Kinex shall be free to license such Kinex Patent Rights to third parties outside the Territory and outside any territories licensed to its Affiliates on the terms and conditions contained in the written notice sent to Hanmi.
Appears in 2 contracts
Samples: License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)
Kinex Patent Rights. Kinex shall have the sole right to file file, prosecute and maintain the Kinex Patent Rights in Kinex’s name or the name of its Affiliates within and outside the Territory name, by retaining patent counsel selected by Kinex and shall be responsible for the payment of all costs and fees relating to patent filing prosecution and maintenance. Kinex agrees to keep Hanmi informed of the course of patent prosecution, application or other proceedings and to furnish Hanmi, per its request, with copies of office actions received by Kinex from any Regulatory Authority outside the Territory concerning Kinex Patent Rights. Kinex or its Affiliates shall also have the first right to file file, prosecute and maintain all Jointly Owned Intellectual Property in all countries in the Territory. Kinex hereby grants a right of first refusal to Hanmi for any Kinex Patent Rights required by the Licensed Products for which Kinex intends to grant any right or license outside the Territory and outside any territories licensed to its AffiliatesTerritory. Kinex shall provide Hanmi with written notice of the terms on which Kinex proposes to license such Kinex Patent Rights outside the Territory and outside any territories licensed to its AffiliatesTerritory, and Hanmi shall have ninety (90) days from the date of receipt of such written notice to send a written reply to Kinex indicating its desire to license such Kinex Patent Rights on the terms contained in Kinex’s written notice. If Hanmi does not respond within the ninety (90) days, Kinex shall be free to license such Kinex Patent Rights to third parties outside the Territory and outside any territories licensed to its Affiliates on the terms and conditions contained in the written notice sent to Hanmi.
Appears in 2 contracts
Samples: License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)