Common use of OWNERSHIP OF MATERIAL AND INTELLECTUAL PROPERTY Clause in Contracts

OWNERSHIP OF MATERIAL AND INTELLECTUAL PROPERTY. Ownership of Material. CONTRIBUTOR retains ownership rights to MATERIAL, including MATERIAL contained or incorporated in MODIFICATIONS. CONTRIBUTOR also retains rights to any intellectual property it owns in MATERIAL. RECIPIENT retains ownership of: (a) MODIFICATIONS (except that CONTRIBUTOR retains ownership rights to MATERIAL included therein) and (b) those substances created through the use of MATERIAL or MODIFICATIONS, but which do not contain MATERIAL. If (a) or (b) results from collaborative efforts of CONTRIBUTOR and RECIPIENT, joint ownership may be negotiated. RECIPIENT understands that the U.S. Government may request RECIPIENT to deposit any or all MODIFICATIONS into BEI Resources for reference purposes. Inventions and Patents. RECIPIENT is free to file patent application(s) claiming inventions made by RECIPIENT through the use of MATERIAL or MODIFICATIONS. RECIPIENT will retain ownership of any inventions and patents or patent applications directed thereto that it makes using MATERIAL. RECIPIENT acknowledges that use of MATERIAL or MODIFICATIONS may be subject to the intellectual property rights of third parties other than CONTRIBUTOR, and ATCC MAKES NO REPRESENTATION OR WARRANTY THAT SUCH RIGHTS DO NOT EXIST. RECIPIENT shall have sole responsibility for obtaining any appropriate intellectual property license(s) required to use MATERIAL or MODIFICATIONS.

Appears in 8 contracts

Samples: Material Transfer Agreement, Material Transfer Agreement, Institutional Material Transfer Agreement

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OWNERSHIP OF MATERIAL AND INTELLECTUAL PROPERTY. Ownership of Material. CONTRIBUTOR retains ownership rights to MATERIAL, including MATERIAL contained or incorporated in MODIFICATIONS. CONTRIBUTOR also retains rights to any intellectual property it owns in MATERIAL. RECIPIENT retains ownership of: (a) MODIFICATIONS (except that CONTRIBUTOR retains ownership rights to MATERIAL included therein) and (b) those substances created through the use of MATERIAL or MODIFICATIONS, but which do not contain MATERIAL. If (a) or (b) results from collaborative efforts of CONTRIBUTOR and RECIPIENT, joint ownership may be negotiated. RECIPIENT understands that the U.S. Government may request RECIPIENT to deposit any or all MODIFICATIONS into BEI Resources for reference purposes. Inventions and Patents. RECIPIENT is free to file patent application(s) claiming inventions made by RECIPIENT through the use of MATERIAL or MODIFICATIONS. RECIPIENT will retain ownership of any inventions and patents or patent applications directed thereto that it makes using MATERIAL. RECIPIENT acknowledges that use of MATERIAL or MODIFICATIONS may be subject to the intellectual property rights of third parties other than CONTRIBUTOR, and ATCC PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT SUCH RIGHTS DO NOT EXIST. RECIPIENT shall have sole responsibility for obtaining any appropriate intellectual property license(s) required to use MATERIAL or MODIFICATIONS.

Appears in 2 contracts

Samples: Material Transfer Agreement, Material Transfer Agreement

OWNERSHIP OF MATERIAL AND INTELLECTUAL PROPERTY. Ownership of Material. Ownership of Material is defined by the CONTRIBUTOR through assignment of a Release Category for MATERIAL as described in Commercial Purposes. If so assigned, CONTRIBUTOR retains ownership rights to MATERIAL, including MATERIAL contained or incorporated in MODIFICATIONS. CONTRIBUTOR also retains rights to any intellectual property it owns in MATERIAL. RECIPIENT retains ownership of: (a) MODIFICATIONS (except that CONTRIBUTOR retains ownership rights to MATERIAL included therein) and (b) those substances created through the use of MATERIAL or MODIFICATIONS, but which do not contain MATERIAL. If (a) or (b) results from collaborative efforts of CONTRIBUTOR and RECIPIENT, joint ownership may be negotiated. RECIPIENT understands that the U.S. Government may request RECIPIENT to deposit any or all MODIFICATIONS into BEI Resources the program for reference purposes. Inventions and Patents. RECIPIENT is free to file patent application(s) claiming inventions made by RECIPIENT through the use of MATERIAL or MODIFICATIONS. RECIPIENT will retain ownership of any inventions and patents or patent applications directed thereto that it makes using MATERIAL. RECIPIENT acknowledges that use of MATERIAL or MODIFICATIONS may be subject to the intellectual property rights of third parties other than CONTRIBUTOR, and ATCC MAKES NO REPRESENTATION OR WARRANTY THAT SUCH RIGHTS DO NOT EXIST. RECIPIENT shall have sole responsibility for obtaining any appropriate intellectual property license(s) required to use MATERIAL or MODIFICATIONS. If RECIPIENT desires to use MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSES and, if required to do so by CONTRIBUTOR for such COMMERCIAL PURPOSES, RECIPIENT agrees to negotiate in good faith with CONTRIBUTOR in advance of such use to establish the terms of an appropriate commercial CONTRIBUTOR LICENSE. RECIPIENT also agrees to provide written proof of license to ATCC in order to receive MATERIAL. RECIPIENT understands that CONTRIBUTOR shall have no obligation to grant such a CONTRIBUTOR LICENSE to RECIPIENT.

Appears in 1 contract

Samples: Material Transfer Agreement

OWNERSHIP OF MATERIAL AND INTELLECTUAL PROPERTY. Ownership of Material. Ownership of Material is defined by the CONTRIBUTOR through assignment of a Release Category for MATERIAL as described in Commercial Purposes. If so assigned, CONTRIBUTOR retains ownership rights to MATERIAL, including MATERIAL contained or incorporated in MODIFICATIONS. CONTRIBUTOR also retains rights to any intellectual property it owns in MATERIAL. RECIPIENT retains ownership of: (a) MODIFICATIONS (except that CONTRIBUTOR retains ownership rights to MATERIAL included therein) and (b) those substances created through the use of MATERIAL or MODIFICATIONS, but which do not contain MATERIAL. If (a) or (b) results from collaborative efforts of CONTRIBUTOR and RECIPIENT, joint ownership may be negotiated. RECIPIENT understands that the U.S. Government may request RECIPIENT to deposit any or all MODIFICATIONS into BEI Resources the program for reference purposes. Inventions and Patents. RECIPIENT is free to file patent application(s) claiming inventions made by RECIPIENT through the use of MATERIAL or MODIFICATIONS. RECIPIENT will retain ownership of any inventions and patents or patent applications directed thereto that it makes using MATERIAL. RECIPIENT acknowledges that use of MATERIAL or MODIFICATIONS may be subject to the intellectual property rights of third parties other than CONTRIBUTOR, and ATCC MAKES NO REPRESENTATION OR WARRANTY THAT SUCH RIGHTS DO NOT EXIST. RECIPIENT shall have sole responsibility for obtaining any appropriate intellectual property license(s) required to use MATERIAL or MODIFICATIONS.

Appears in 1 contract

Samples: Material Transfer Agreement

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OWNERSHIP OF MATERIAL AND INTELLECTUAL PROPERTY. Ownership of Material. CONTRIBUTOR retains ownership rights to MATERIAL, including MATERIAL contained or incorporated in MODIFICATIONS. CONTRIBUTOR also retains rights to any intellectual property it owns in MATERIAL. RECIPIENT retains ownership of: (a) MODIFICATIONS (except that CONTRIBUTOR retains ownership rights to MATERIAL included therein) and (b) those substances created through the use of MATERIAL or MODIFICATIONS, but which do not contain MATERIAL. If (a) or (b) results from collaborative efforts of CONTRIBUTOR and RECIPIENT, joint ownership may be negotiated. RECIPIENT understands that the U.S. Government may request RECIPIENT to deposit any or all MODIFICATIONS into BEI Resources the program for reference purposes. Inventions and Patents. RECIPIENT is free to file patent application(s) claiming inventions made by RECIPIENT through the use of MATERIAL or MODIFICATIONS. RECIPIENT will retain ownership of any inventions and patents or patent applications directed thereto that it makes using MATERIAL. RECIPIENT acknowledges that use of MATERIAL or MODIFICATIONS may be subject to the intellectual property rights of third parties other than CONTRIBUTOR, and ATCC MAKES NO REPRESENTATION OR WARRANTY THAT SUCH RIGHTS DO NOT EXIST. RECIPIENT shall have sole responsibility for obtaining any appropriate intellectual property license(s) required to use MATERIAL or MODIFICATIONS.

Appears in 1 contract

Samples: Material Transfer Agreement

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