Ownership of Samples. All rights, title and interest in and to all Samples that Epizyme and/or Eisai provides to RMS under this Agreement for the Project Plan, including Clinical Samples, shall remain the property of Pharmaceutical Partners to the extent consistent with the applicable informed consent forms and applicable laws and regulations. All rights, title and interest in and to all Samples that RMS provides and/or makes available under the Project Plan, including Samples that RMS already owns or later acquires, shall remain or be the property of RMS to the extent consistent with the applicable informed consent forms and applicable laws and regulations. Notwithstanding the foregoing, RMS shall not use any Samples provided or obtained by Pharmaceutical Partners under the Project Plan for any development, testing, validation or other activities with respect to any product other than activities with respect to the RMS Product for use with the Pharmaceutical Partners Product as specified in the Project Plan.
Ownership of Samples. The Omeros Samples are and shall remain the sole property of Omeros and nothing in this Agreement shall be construed as granting to Affitech, by implication or otherwise, any right or license with respect to the Omeros Samples, or any patent or other intellectual property rights with respect to the Omeros Samples, except as required to complete the Services and generate the Deliverables, and Affitech shall not file applications or otherwise seek any proprietary rights in respect of the Omeros Samples or any Confidential Information (as that term is defined below in Subsection 6.1) that Omeros provides under this Agreement. † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION
Ownership of Samples. The Samples are and shall remain the sole property of Omeros and nothing in this Agreement shall be construed as granting to North Coast, by implication or otherwise, any right or license with respect to the Samples, or any patent or other intellectual property rights with respect to the Samples, except as required to complete the Services and generate the Deliverables, and North Coast shall not file applications or otherwise seek any proprietary rights in respect of the Samples or any Confidential Information (as that term is defined in Section 6.1) that Omeros provides under this Agreement.
Ownership of Samples. The Client agrees that the ownership of any documentation, electronic or physical samples taken by ERA Services C.I.C. during the course of evaluation or audit activities, is vested with and remains with ERA Services C.I.C. from the point of taking any such samples.
Ownership of Samples. Customer represents and warrants that it owns or otherwise controls the Samples and that it has the right to provide the Samples to Illumina for the purpose described herein. Illumina shall use the Samples solely for the purpose of performing the Services. Illumina agrees that it will promptly return any unused Samples or portions thereof following the delivery of the Results. Customer shall at all times retain all right, title, and interest in the Samples provided hereunder.
Ownership of Samples. Company represents and warrants that it owns or otherwise controls the sample(s) to be provided by Company to Subcontractor as described in the applicable Purchase Order (“Samples”) and that it has the right to provide the Samples to Subcontractor for the purpose described therein. Subcontractor shall use the Samples solely for the purpose of performing this Agreement. Unless instructed otherwise in writing by Company, Subcontractor agrees that it will promptly return any unused Samples or portions thereof following the delivery of the Results (defined below). As between Company and Subcontractor, Company shall at all times retain all right, title, and interest in the Samples provided hereunder. Company shall provide all Samples and any related information in de-identified form and Company shall not provide Subcontractor any information that might allow Subcontractor to re-identify the donor of the Samples.
Ownership of Samples. For studies that require shipping of samples, investigators should fill the Material Transfer Agreement (MTA) form at PMRA. In case there are issues of Intellectual Property Rights (IPR), the committee shall advise the concerned parties to have prior agreement of IPR which has to be signed by all stakeholders before PMRA approval.
Ownership of Samples. The Samples submitted to the Company remain the property of the Client. The Company is not liable for any Claims whatsoever relating to the deterioration, contamination, damage or loss of the Samples. The Client agrees to indemnify the Company in respect of all Claims, demand or actions which may be made against the Company with respect to deterioration, damage or loss of the Samples.
Ownership of Samples materials and custodianship 15
Ownership of Samples materials and custodianship Recent consultations on MTAs for use in public health emergencies heard that different stakeholders held incompatible views as to who owned samples and associated data, or whether ownership, rather than guardianship, was the most appropriate framing of this issue. It has been suggested that the MTA tool should not be too specific on issues of ownership – where necessary, the tool should reflect the divergence of opinion on this issue, bearing in mind different contexts, legal regimes and scenarios. One approach that can help address these concerns is to address the acquisition of rights or title by the recipient over the samples and associated data transferred. Some MTAs explicitly state that the recipient gains no such rights. This effectively differentiates questions over ownership or rights connected to the samples and associated data from ownership or rights over any results, or derivatives produced using them. There are important ownership questions around the results from the intended use. Some MTAs explicitly state that any results produced are owned by those that generate them (i.e. the recipient). In other cases, this issue is not addressed, posing possible confusion as to what can be done with the results generated. Would a laboratory receiving samples and associated data primarily for diagnostic purposes be able to aggregate and anonymise the data generated and use it in part of a publication? Such papers have been traditional outputs from recipient laboratories following their involvement in addressing a public health emergency. They are seen by some as a quid pro quo for their involvement. Careful definition of ‘results’ and ‘purpose’ might be necessary to explicitly capture permission and in what way the contribution of those supplying the sample and associated data should be reflected. This may also be connected to a publication section in an MTA. There are also important considerations as to the ownership of any derivatives or data generated through the intended use. For example, some might argue that an isolated culture is sufficiently different from the original sample to have a different ownership. Equally, the resources produced during the intended purpose may be intangible, for example, genetic xxxxxxxx xxxx. Who would own this data? There may not be simple answers to these questions and there are being explored outside of a public health emergency. For example, the relationship between physical samples and...
