Common use of Ownership of Intellectual Property Rights Clause in Contracts

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute, and shall have the Joint Corporation Institutes execute, such documents as JST may request to evidence and perfect JST’s ownership of Intellectual Property Rights. 9.1.2 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or JST; and (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect JST's ownership of Intellectual Property Rights. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2.

Appears in 1 contract

Samples: Collaborative Research Agreement

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Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree agrees to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute, and shall have the Joint Corporation Institutes execute, execute such documents as JST may request to evidence and perfect JST’s ownership of Intellectual Property Rights. 9.1.2 The Research Institute shall have its respective Co-Principal (PRESTO part time PI)Principal Investigator and Project Personnel Research Assistant execute a written instrument evidencing that each Co-Principal (PRESTO part time PI)Principal Investigator and Project PersonnelResearch Assistant: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or JST; and (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect JST's ownership of Intellectual Property Rights. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have its respective Co-Principal (PRESTO part time PI)Principal Investigator and Project Personnel Research Assistant execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute, and shall have the Joint Corporation Institutes execute, such documents as JST may request to evidence and perfect JST’s ownership of Intellectual Property Rights. 9.1.2 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or JST; and (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect JST's ownership of Intellectual Property Rights. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2. 9.1.4 JST shall not be responsible for any monetary consideration or compensation to be made to inventor(s) of Intellectual Property Rights pertaining to Research Results.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted Unless otherwise agreed by the Research Institute and/or Parties in writing, the Joint Corporation Institutes for Parties agree that JST under this Agreement using the as a provider of Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation owns all rights, titles, and interests including any and all in Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Subject to expense sharing defined in Article 9.1.2, the Parties may agree to own equally between JST and the Research Institute shall executeall rights, titles, and shall have interests in Intellectual Property Rights pertaining to Research Results. 9.1.2 Subject to Article 9.2.2 and Article 9.3.2 hereof, the Joint Corporation Institutes executeParties agree to share equally all out-of-pocket expenses incurred by the Parties relating to preparation, such documents as JST may request to evidence filing and perfect JST’s ownership prosecution of Applications, and maintenance and defense of Intellectual Property Rights pertaining to the Research Result (“Patent Expenses”), which are jointly owned by the Parties (“Jointly-owned Intellectual Property Rights”). For avoidance of doubt, the salaries and costs of each Party’s employees including technology transfer office or legal affairs office are not included in Patent Expenses. 9.1.2 9.1.3 The Research Institute shall have its respective Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or and/or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or and/or JST; and; (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect the Research Institute’s and/or JST's ownership of Intellectual Property Rights; and (iv) agrees to cooperate with the Research Institute and/or JST for preparation, filing, prosecution, maintenance and defense of such Intellectual Property. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 9.1.3 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute 9.1.4 JST shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree not be responsible for any monetary consideration or compensation to cooperate with JST for JST be made to prepare and file Application(sinventor(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Rights pertaining to Research Institute shall provide a copy of such written instrument to Results, which are wholly owned by JST within ten (10) business days upon JST’s written request. The Research Institute may combine or jointly owned by the written instrument with the written instrument referred to in Article 9.1.2Parties.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree agrees to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all Intellectual Property Rights pertaining to: (i) any and all Inventions and/or Know-How created, made, conceived, invented, developed, discovered, or reduced to practice by the Research Results including Institute (collectively, the “Developments ”); and (ii) all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research ResultsDevelopments, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute, and shall have the Joint Corporation Institutes execute, execute such documents as JST may request to evidence and perfect JST’s ownership of Intellectual Property Rights. 9.1.2 The Research Institute shall have its respective Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or JST; and (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect JST's ownership of Intellectual Property Rights. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees Subject to expense sharing defined in Article 9.1.2 hereinbelow, unless otherwise agreed by the Parties in writing, the Parties agree to own equally between JST and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all in Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute. 9.1.2 Subject to Article 9.2.2 and Article 9.2.4 below, the Parties agree to share equally all out-of-pocket expenses incurred by the Parties relating to preparation, filing and prosecution of Applications, and shall have the Joint Corporation Institutes execute, such documents as JST may request to evidence maintenance and perfect JST’s ownership defense of Intellectual Property RightsRights pertaining to the Research Result. For avoidance of doubt, the salaries and costs of each Party’s employees including technology transfer office or legal affairs office are not included in out-of-pocket expenses for purposes of calculating the share of such expenses. 9.1.2 9.1.3 The Research Institute shall have its respective Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or and/or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or and/or JST; and; (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect the Research Institute’s and/or JST's ownership of Intellectual Property Rights; and (iv) agrees to cooperate with the Research Institute and/or JST for preparation, filing, prosecution, maintenance and defense of such Intellectual Property. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 9.1.3 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree agrees to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute, and shall have the Joint Corporation Institutes execute, execute such documents as JST may request to evidence and perfect JST’s ownership of Intellectual Property Rights. 9.1.2 The Research Institute shall have its respective Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or JST; and (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect JST's ownership of Intellectual Property Rights. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have its respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2.

Appears in 1 contract

Samples: Collaborative Research Agreement

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Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree agrees to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute, and shall have the Joint Corporation Institutes execute, such documents as JST may request to evidence and perfect JST’s ownership of Intellectual Property Rights. 9.1.2 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or JST; and (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect JST's ownership of Intellectual Property Rights. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2. 9.1.4 JST shall not be responsible for any monetary consideration or compensation to be made to those, including inventor(s) , who made contribution in creating Research Results protected by Intellectual Property Right.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees Subject to expense sharing defined in Article 9.1.2 hereinbelow, unless otherwise agreed by the Parties in writing, the Parties agree to own equally between JST and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all in Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute. 9.1.2 Subject to Article 9.2.2 and Article 9.2.4 below, the Parties agree to share equally all out-of-pocket expenses incurred by the Parties relating to preparation, filing and prosecution of Applications, and shall have the Joint Corporation Institutes execute, such documents as JST may request to evidence maintenance and perfect JST’s ownership defense of Intellectual Property RightsRights pertaining to the Research Result. For avoidance of doubt, the salaries and costs of each Party’s employees including technology transfer office or legal affairs office are not included in out-of-pocket expenses for purposes of calculating the share of such expenses. 9.1.2 9.1.3 The Research Institute shall have its respective Co-Principal Investigator and Project Personnel Research Assistant execute a written instrument evidencing that each Co-Principal Investigator and Project PersonnelResearch Assistant: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or and/or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or and/or JST; and; (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect the Research Institute’s and/or JST's ownership of Intellectual Property Rights; and (iv) agrees to cooperate with the Research Institute and/or JST for preparation, filing, prosecution, maintenance and defense of such Intellectual Property. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 9.1.3 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted by the Research Institute and/or the Joint Corporation Institutes for JST under this Agreement using the Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree agrees to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation all rights, titles, and interests including any and all Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Research Institute shall execute, and shall have the Joint Corporation Institutes execute, execute such documents as JST may request to evidence and perfect JST’s ownership of Intellectual Property Rights. 9.1.2 The Research Institute shall have its respective Co(PRESTO part time PI)Principal Investigator (CREST/ACCEL)Co-Principal Investigator and Project Personnel execute a written instrument evidencing that each Co(PRESTO part time PI)Principal Investigator (CREST/ACCEL)Co-Principal Investigator and Project Personnel: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or JST; and (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect JST's ownership of Intellectual Property Rights. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute shall have its respective Co(PRESTO part time PI)Principal Investigator (CREST/ACCEL)Co-Principal Investigator and Project Personnel execute written instruments in which they agree to cooperate with JST for JST to prepare and file Application(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Research Institute shall provide a copy of such written instrument to JST within ten (10) business days upon JST’s written request. The Research Institute may combine the written instrument with the written instrument referred to in Article 9.1.2.

Appears in 1 contract

Samples: Collaborative Research Agreement

Ownership of Intellectual Property Rights. 9.1.1 The Research Institute hereby agrees and acknowledges that performing the Collaborative Research is conducted Unless otherwise agreed by the Research Institute and/or Parties in writing, the Joint Corporation Institutes for Parties agree that JST under this Agreement using the as a provider of Research Funds provided by JST and that any and all Intellectual Property Rights shall be the exclusive property of JST. For the avoidance of doubt, the Research Institute and the Joint Corporation Institutes agree to assign and transfer, and hereby does assign and transfer to JST, for no additional compensation owns all rights, titles, and interests including any and all in Intellectual Property Rights pertaining to Research Results including all income, royalties, damages, claims, and payments now or hereafter due or payable with respect to such Research Results, and all causes of action, including causes of action for past, present, or future infringement thereof. The Subject to expense sharing defined in Article 9.1.2, the Parties may agree to own equally between JST and the Research Institute shall executeall rights, titles, and shall have interests in Intellectual Property Rights pertaining to Research Results. 9.1.2 Subject to Article 9.2.2 and Article 9.3.2 hereof, the Joint Corporation Institutes executeParties agree to share equally all out-of-pocket expenses incurred by the Parties relating to preparation, such documents as JST may request to evidence filing and perfect JST’s ownership prosecution of Applications, and maintenance and defense of Intellectual Property Rights pertaining to the Research Result (“Patent Expenses”), which are jointly owned by the Parties (“Jointly-owned Intellectual Property Rights”). For avoidance of doubt, the salaries and costs of each Party’s employees including technology transfer office or legal affairs office are not included in Patent Expenses. 9.1.2 9.1.3 The Research Institute shall have its respective Co-Principal Investigator and Project Personnel Research Assistant execute a written instrument evidencing that each Co-Principal Investigator and Project PersonnelResearch Assistant: (i) acknowledges that all his/her work for the Collaborative Research and all Intellectual Property Rights therein are owned by the Research Institute or and/or JST; (ii) agrees that, should any Intellectual Property Rights be held by a court of competent jurisdiction to not be owned by the Research Institute or JST, he/she will assign and transfer the ownership right therein to the Research Institute or and/or JST; and; (iii) agrees that he/she will take such action and execute such documents as the Research Institute or JST may request to evidence and perfect the Research Institute’s and/or JST's ownership of Intellectual Property Rights; and (iv) agrees to cooperate with the Research Institute and/or JST for preparation, filing, prosecution, maintenance and defense of such Intellectual Property. The Research Institute shall provide a copy of the written instrument described in Article 9.1.2 9.1.3 to JST within ten (10) business days upon JST’s written request. 9.1.3 The Research Institute 9.1.4 JST shall have respective Co-Principal Investigator and Project Personnel execute written instruments in which they agree not be responsible for any monetary consideration or compensation to cooperate with JST for JST be made to prepare and file Application(sinventor(s) and any other analogous protections with respect to any of Intellectual Property Rights. The Rights pertaining to Research Institute shall provide a copy of such written instrument to Results, which are wholly owned by JST within ten (10) business days upon JST’s written request. The Research Institute may combine or jointly owned by the written instrument with the written instrument referred to in Article 9.1.2Parties.

Appears in 1 contract

Samples: Collaborative Research Agreement

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