Ownership of Industrial and Intellectual Property. Rights to the Results arising from Partnership-based Activities
1. The Industrial and Intellectual Property Rights for Results, arising from the Partnership-based Activities carried out when implementing this Agreement shall be governed as follows, depending on whether:
a) the Results have been achieved exclusively by the staff of one of the two Parties;
b) the Results have been achieved jointly by the staff of both Parties.
2. In the case of Results achieved exclusively by the staff of one of the two Parties The Ownership of the Industrial and Intellectual Property Rights will belong to the Party that achieved them. Il will be vested in the party that has obtained it, which will have the right to proceed independently with the filing of the application for a design right on the results and bear the costs thereof
3. In the case of Results achieved jointly by the staff of both Parties, The Ownership of the Industrial and Intellectual Property Rights made by the Inventor in the performance of the Collaborative Activities, which shall be the subject of this agreement, shall belong jointly to the Parties in equal shares, without prejudice to the possibility to agree in writing once the Results have been achieved or during the course of the activities to change the co-ownership shares, taking into account the
Ownership of Industrial and Intellectual Property. Rights to the Results arising from Commissioned Activities
1. The parties undertake to promptly communicate any Results achieved that may give rise to Industrial and Intellectual Property Rights within days of achieving them and to collaborate in assessing the existence of the necessary requirements for patenting/registration of these Results.
2. The Industrial Property Rights for Results, as well as the Intellectual Property Rights regarding computer programmes and works of industrial design achieved by the inventor within the scope of the research covered by this contract belong to the parties in equal measure, unless it is possible to agree, in writing during the activity, to a change in the share of joint ownership, in consideration of the contributions of each of the parties in the invention, without prejudice to the acknowledgement of the moral rights of each inventor in accordance with current legislation.
3. The parties will agree in a separate document the specific rules for governing the methods of managing the joint-ownership rights, however, it is understood that the costs and expenses will be equally shared between the parties, or on the basis of the share of ownership of each part in the rights referred to in paragraph 2. Anyway, the Politecnico will be able to use Results for educational and research purposes.
4. In the event that the Politecnico is not interested in filing a request for ownership, it will provide written communication thereof to the Company within days of the communication of the Results referred to in paragraph 1. In this case, the Company will have the option to file a request for ownership for the Results at its own responsibility and expense and in joint-ownership with the Politecnico, subject to written communication to the latter. In this case, the Politecnico will undertake to transfer, free of charge, of its share of ownership to the Company upon obtaining release of the ownership rights, by guaranteeing the Company exclusive usage of the rights referred to in paragraph 2 from that moment onwards.
5. The parties hereby agree that all costs related to the above-mentioned transfer, including the registration, will be borne solely by the Company.
6. In the event that the Company is not interested in filing a request for ownership of the Results, it will provide written communication thereof to the Politecnico within days of the communication of the Results referred to in paragraph 1. In this case, the Politecnico will ...
Ownership of Industrial and Intellectual Property. Rights to the Results arising from Partnership-based Activities
1. The Industrial Property Rights for Results, as well as the Intellectual Property Rights regarding computer programmes, works of industrial design, arising from the Partnership-based Activities carried out when implementing this Agreement shall be governed as follows, depending on whether:
a) the Results have been achieved exclusively by the staff of one of the two Parties;
b) the Results have been achieved jointly by the staff of both Parties.
2. In the case of Results achieved exclusively by the staff of one of the two Parties, the Ownership of the Industrial Property Rights, as well as the Intellectual Property Rights regarding computer programmes and works of industrial design, will belong to the Party that achieved them.
3. In the case of Results achieved jointly by the staff of both Parties, the Ownership of the Industrial Property Rights, as well as the Intellectual Property Rights regarding computer programmes and works of industrial design, will belong jointly to both the Parties in equal measure, unless it is possible to agree, in writing, to a change in the share of joint ownership, in consideration of the contributions of each of the parties in the invention, without prejudice to the acknowledgement of the moral rights of each inventor in accordance with current legislation.
4. The Parties undertake to promptly communicate the achievement of any Results that may give rise to Property Rights and will collaborate in assessing the existence of the necessary requirements for patenting/registration of these Results.
5. Should the parties jointly agree to proceed in safeguarding the Results, the application for property rights will be jointly filed between them. The Parties will agree, in a separate document, the specific regulations regarding the way in which the joint rights will be managed, with the understanding that all expenses and costs will be equally shared between the Parties, namely in proportion with the shares of ownership of each Party to the rights referred to in paragraph 5. Anyway, the Politecnico will be able to use Results for educational and research purposes.
6. Should the Company not be interested in filing an application for property rights, then it will communicate this in writing to the Politecnico within 30 days of communication of the Results.
7. In the case referred to in the previous paragraph 8, the Politecnico will have the option of obtaining from the Co...
