Ownership and protection of Knowledge. Knowledge shall be the property of the Consortium Member carrying out the work leading to that Knowledge. When several Consortium Members have jointly carried out work generating the Knowledge and where their respective share of work cannot be ascertained, they shall have joint ownership of that Knowledge. The Consortium Members concerned (“Contributors”) agree to jointly apply to obtain and/or maintain the relevant intellectual property rights and shall strive to set up amongst themselves appropriate agreements in order to do so. These co-ownership agreements shall specify, inter alia, the applicable arrangements in case of the extension of rights as well as those applicable to the allocation and assumption of expenses in connection with the requested protection. The share of each of the Contributors to the development of the Knowledge shall be defined proportionally to the resources implemented by each, whether human, financial or intellectual. So long as any such rights are in force, such Contributors shall be entitled to use and to licence such right on a non-exclusive basis with a financial compensation decided on a case-by-case basis in accordance with the agreements concluded with the prior consent of the other Contributors. In case a Consortium Member (“Originators”) decides in its sole discretion that it does not intend to seek adequate and effective protection over certain pieces of its Knowledge issuing from the Project, then, the Originator shall inform in writing the other Consortium Members, through the Coordinator, and any Consortium Member interested in applying to obtain and maintain such protection shall advise the other Consortium Members through the Coordinator and in writing within one (1) month of receipt of relevant notice. In case several Consortium Members are interested in so applying, they shall strive to set up amongst themselves and with the Originator appropriate agreements to this end. The investor shall assign against reasonable compensation to the other Parties all necessary rights which it owns.
Appears in 2 contracts
Samples: Consortium Agreement, Consortium Agreement
Ownership and protection of Knowledge. 8.1.1 Knowledge shall be the property of the Consortium Member Party generating it.
8.1.2 Where the Knowledge Information is or incorporates or is intended to be or to incorporate a software technology, a software development or a software product, the Parties agree that each Party may take appropriate actions to protect Software Results developed by such Party under the Project by such rights as are available under such Party's national legal system including without limitation copyright or any other similar statutory right, and to protect such Software Results to the extent reasonably possible as proprietary information.
8.1.3 If, in the course of carrying out work on the Project, a joint invention, design or work leading is made (and at least two Parties are contributors), and if the features of such joint invention, design or work are such that it is not possible to separate them for the purpose of applying for, obtaining and/or maintaining in force the protection of the relevant intellectual property right, the Parties concerned agree that Knowledge. When several Consortium Members have jointly carried out work generating the Knowledge and where their respective share of work cannot be ascertained, they shall have joint ownership of that Knowledge. The Consortium Members concerned (“Contributors”) agree to may jointly apply to obtain and/or maintain the relevant intellectual property rights and shall strive to set up amongst themselves appropriate agreements in order to do so. These co-ownership agreements shall specify, inter alia, the applicable arrangements in case of the extension of rights so as well as those applicable in order to determine utilisation’ conditions of such joint invention by each Party to the allocation and assumption of expenses in connection with the requested protection. The share of each of the Contributors to the development of the Knowledge shall be defined proportionally to the resources implemented by each, whether human, financial or intellectualappropriate separate agreement. So long as any such rights are in force, such Contributors the Parties concerned shall be entitled to use and to licence such right on a non-exclusive basis with a use, without owing any financial compensation decided on a case-by-case basis in accordance with to or requiring the agreements concluded with the prior consent of the other Contributors. Party concerned, and to license such rights, save as otherwise provided for in the appropriate separate agreement .
8.1.4 In the case where a Consortium Member Party (“OriginatorsOriginator”) decides would decide in its sole discretion that it does not intend to seek adequate and effective protection over of certain pieces of its Knowledge issuing from the Project, then, the Originator shall inform in writing the other Consortium MembersParties, through the Coordinator, and any Consortium Member Party interested in applying to obtain and maintain such protection shall advise the other Consortium Members Parties, including the Originator, through the Coordinator and in writing within one (1) month of receipt of relevant notice. In the absence of reaction of the other Parties, this Party undertakes to negotiate in good faith with the Originator any appropriate agreement in order to determine utilisation’s conditions of such Knowledge between this Party and the Originator. In case several Consortium Members Parties are interested in so applying, they shall strive to set up amongst themselves and with the Originator appropriate agreements in order to this enddo so as well as in order to determine utilisation’s conditions of such Knowledge by the interested Parties and the Originator. The investor foregoing shall assign against reasonable compensation be without prejudice to the other Access Rights of all Parties all necessary rights which it owns.that will remain applicable in accordance with the Clause 8.4 on Access Rights and with the terms and conditions of any appropriate separate agreements negotiated between the interested Parties. ,
Appears in 2 contracts
Samples: Project Cooperation Agreement, Project Cooperation Agreement
Ownership and protection of Knowledge. Knowledge shall be the property of the Consortium Member Contractor(s) generating it. If, in the course of carrying out work on the Project, a joint invention, design or work leading is made (and one or more Contractors are contributors to it), and if the features of such joint invention design or work are such that Knowledge. When several Consortium Members have it is not possible to separate them for the purpose of applying for, obtaining and/or maintaining in force the protection of the relevant intellectual property right, the Contractors concerned (the "Contributors") agree that they shall jointly carried out work generating the own such Knowledge and where their respective share of work cannot be ascertained, they shall have joint ownership of that Knowledge. The Consortium Members concerned (“Contributors”) agree to may jointly apply to obtain and/or maintain the relevant intellectual property rights and shall on a case by case basis strive to set up amongst themselves appropriate co-ownership agreements in order to do so. These co-ownership agreements shall specify, inter alia, the applicable arrangements in case of the extension exploitation of the jointly owned rights as well as those applicable to the allocation and assumption of expenses in connection with the requested protection. The share of each of the Contributors to the development of the jointly owned Knowledge shall be defined proportionally to the resources implemented by each, whether human, financial or intellectual. So long as Unless otherwise agreed during the period any such jointly owned rights are in force, such Contributors shall be entitled to use and to licence license such right jointly owned right(s) on a non-exclusive basis with a reasonable financial compensation payable to the other Contributors as decided on a case-by-case basis in accordance with the corresponding co-ownership agreements concluded with the followingthe prior written consent of the other Contributors. This compensation will be due to the Contributorswho do not undertake the commercial exploitation of the jointly owned Knowledge. In case a Consortium Member Contractor (“Originators”"Originator") decides in its sole discretion that it does not intend to seek and/or maintain adequate and effective protection over certain pieces of its Knowledge issuing from the Project, then, the Originator shall inform in writing the other Consortium MembersContractors, through the Coordinator, and any Consortium Member Contractor interested in applying to obtain and and/or maintain such protection shall advise the other Consortium Members Originator,through the Coordinator and Coordinator, in writing within one (1) month of receipt of relevant notice. In case several Consortium Members Contractors are interested in so applying, they shall strive to set up amongst themselves and with the Originator appropriate agreements to this end. The investor shall assign against reasonable compensation to the other Parties all necessary rights which it owns.
Appears in 1 contract
Samples: Consortium Agreement
Ownership and protection of Knowledge. Knowledge shall be the property of the Consortium Contractor and/or Member carrying out the work leading to that Knowledge. When several Consortium Contractors and/or Members have jointly carried out work generating the Knowledge and where their respective share of work cannot be ascertained, they shall have joint ownership of that Knowledge. The Consortium Contractors and/or Members concerned (“Contributors”) agree to jointly apply to obtain and/or maintain the relevant intellectual property rights and shall strive to set up amongst themselves appropriate agreements in order to do so. These co-ownership agreements shall specify, inter alia, the applicable arrangements in case of the extension of rights as well as those applicable to the allocation and assumption of expenses in connection with the requested protection. The share of each of the Contributors Co-owners to the development of the Knowledge shall be defined proportionally to the resources implemented contributed by each, whether human, financial or intellectual. So long as any such intellectual property rights are in force, such Contributors shall be entitled to use and to licence such right on a non-exclusive basis with a financial compensation due to the other Contributors decided on a case-by-case basis in accordance with the agreements concluded with the prior written consent of the other Contributors. This compensation shall be due to Public bodies. In case a Consortium Contractor or Member (“Originators”) decides in its sole discretion that it does not intend to seek adequate and effective protection over certain pieces of its Knowledge issuing from the Project, then, the Originator shall inform in writing the other Consortium Contractors and Members, through the CoordinatorCo- ordinator, and any Consortium Contractor or Member interested in applying to obtain and maintain such protection shall advise the other Consortium Contractors and Members through the Coordinator Co-ordinator and in writing within one (1) month of receipt of relevant notice. In case several Consortium Contractors and/or Members are interested in so applying, they shall strive to set up amongst themselves and with the Originator appropriate agreements to this end. The investor shall assign against reasonable compensation to the other Parties all necessary rights which it owns.
Appears in 1 contract
Samples: Consortium Agreement
Ownership and protection of Knowledge. Knowledge shall be the property of the Consortium Member Contractor(s) generating it. If, in the course of carrying out work on the Project, a joint invention, design or work leading is made (and one or more Contractors are contributors to it), and if the features of such joint invention design or work are such that Knowledge. When several Consortium Members have it is not possible to separate them for the purpose of applying for, obtaining and/or maintaining in force the protection of the relevant intellectual property right, the Contractors concerned (the "Contributors") agree that they shall jointly carried out work generating the own such Knowledge and where their respective share of work cannot be ascertained, they shall have joint ownership of that Knowledge. The Consortium Members concerned (“Contributors”) agree to may jointly apply to obtain and/or maintain the relevant intellectual property rights and shall on a case by case basis strive to set up amongst themselves appropriate co-ownership agreements in order to do so. These co-ownership agreements shall specify, inter alia, the applicable arrangements in case of the extension exploitation of the jointly owned rights as well as those applicable to the allocation and assumption of expenses in connection with the requested protection. The share of each of the Contributors to the development of the jointly owned Knowledge shall be defined proportionally to the resources implemented by each, whether human, financial or intellectual. So long as Unless otherwise agreed during the period any such jointly owned rights are in force, such Contributors shall be entitled to use and to licence license such jointly owned right(s) right on a non-exclusive basis with a reasonable financial compensation payable to the other Contributors as decided on a case-by-case basis in accordance with the corresponding co-ownership agreements concluded followingconcluded with the prior written consent of the other Contributors. This compensation will be due to the Contributorsacademic Contractors who do not undertake the commercial exploitation of the jointly owned Knowledgeactivities. In case a Consortium Member Contractor (“Originators”"Originator") decides in its sole discretion that it does not intend to seek and/or maintain adequate and effective protection over certain pieces of its Knowledge issuing from the Project, then, the Originator shall inform in writing the other Consortium MembersContractors, through the Coordinator, and any Consortium Member Contractor interested in applying to obtain and and/or maintain such protection shall advise the Originator,other Consortium Members Contractors through the Coordinator Coordinator, and in writing within one (1) month of receipt of relevant notice. In case several Consortium Members Contractors are interested in so applying, they shall strive to set up amongst themselves and with the Originator appropriate agreements to this end. The investor shall assign against reasonable compensation to the other Parties all necessary rights which it owns.
Appears in 1 contract
Samples: Consortium Agreement