Common use of Licence to Background for Commercialisation Clause in Contracts

Licence to Background for Commercialisation. If any Party wishes to Commercialise any Foreground IP owned by or licensed to it and: (a) the Foreground IP in question has been developed using certain Background in accordance with this Clause 9; and (b) the Foreground IP in question cannot be Commercialised without the incorporation of the said Background as a component of or in conjunction with the Foreground IP in question or to Commercialise Foreground IP would infringe Background of another Party. then the Introducing Party of that Background shall grant and agrees to grant a Party who owns or is requesting a Licence to any Foreground IP: (i) in respect of Category A Background: a royalty-free, non-exclusive licence (with the right to sublicense) or; (ii) in respect of Category B Background: a royalty-bearing, non-exclusive licence (with the right to sublicense) upon reasonable commercial terms taking into account the contribution of the Parties to the agreement to be agreed for the purposes of Commercialising those Foreground IP(s).

Licence to Background for Commercialisation. If any Party wishes to Commercialise any Foreground IP owned by or licensed to it and: (a) : the Foreground IP in question has been developed using certain Background in accordance with this Clause 9; and (b) and the Foreground IP in question cannot be Commercialised without the incorporation of the said Background as a component of or in conjunction with the Foreground IP in question or to Commercialise Foreground IP would infringe Background of another Party. then the Introducing Party of that Background shall grant and agrees to grant a Party who owns or is requesting a Licence to any Foreground IP: (i) : in respect of Category A Background: a royalty-free, non-exclusive licence (with the right to sublicense) or; (ii) ; in respect of Category B Background: a royalty-bearing, non-exclusive licence (with the right to sublicense) upon reasonable commercial terms taking into account the contribution of the Parties to the agreement to be agreed for the purposes of Commercialising those Foreground IP(s).