Common use of Ownership of Trademarks Clause in Contracts

Ownership of Trademarks. The Steering Committee shall ----------------------- select and as between the Parties hereto BioMarin/Genzyme LLC shall own all trademarks for the sale and use of Collaboration Products in the Territory (collectively, "Product Marks") and all goodwill therein shall inure to the ------------- benefit of BioMarin/Genzyme LLC, and all expenses incurred by a Party with respect thereto shall be considered Program Costs. All Product Marks shall be registered in the name of BioMarin/Genzyme LLC if and when registered. In the event that the applicable laws and regulations of any country in which the Steering Committee elects to register any Product Marks require that such trademark(s) be registered in the name of an entity other than BioMarin/Genzyme LLC, or if the Steering Committee determines that it is in the best interests of the Parties, then the Steering Committee shall select such entity and ensure that a duly authorized officer of such entity agrees in writing that such entity shall (a) grant BioMarin/Genzyme LLC a worldwide, exclusive, fully-paid, royalty-free, irrevocable right and license (with the right to grant and authorize sublicenses) to use such Product Marks and (b) comply with the provisions of Article 13 hereof with respect to the ownership and/or disposition of such Product Marks in the event this Agreement is terminated and provide the level of cooperation described in Section 14.1 hereof in connection therewith. Each Party hereby acknowledges agrees that at no time during of this Agreement to challenge or assist others to challenge the Product Marks or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to such Product Marks.

Ownership of Trademarks. The Steering Committee shall ----------------------- select and as between the Parties hereto BioMarin/Genzyme LLC shall own all trademarks for the sale and use of Collaboration Products in the Territory (collectively, "the “Product Marks") ”), and all goodwill therein shall inure to the ------------- benefit of BioMarin/Genzyme LLCGenzyme, and all expenses incurred by a Party with respect thereto thereof shall be considered Program Costs. All Product Marks shall be registered in the name of BioMarin/Genzyme LLC if and when registered. In the event that the applicable laws and regulations of any country in which the Steering Committee elects to register any Product Marks require that such trademark(s) be registered in the name of an entity other than BioMarin/Genzyme LLCGenzyme, or if the Steering Committee determines that it is in the best interests of the Parties, then the Steering Committee shall select such entity and ensure that a duly authorized officer of such entity agrees in writing that such entity shall (a) grant BioMarin/Genzyme LLC a worldwide, an exclusive, fully-paid, royalty-free, irrevocable (during the term of this Agreement) right and license (with the right to grant and authorize sublicenses) to use such Product Marks in the Territory and (b) comply with the provisions of Article 13 hereof with respect to the ownership and/or disposition of such Product Marks in the event this Agreement the Program is terminated and provide the level of cooperation described in Section 14.1 hereof in connection therewith. Each Party Aptein hereby acknowledges agrees that at no time during the term of this Agreement to shall it or any of its Affiliates challenge or assist others to challenge in challenging the Product Marks or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to such Product Marks.

Ownership of Trademarks. The Steering Committee shall ----------------------- select and as between the Parties hereto BioMarin/Genzyme LLC shall own all trademarks for the sale and use of Collaboration Products in the Territory (collectively, "“Product Marks"”) and all goodwill therein shall inure to the ------------- benefit of BioMarin/Genzyme LLC, and all expenses incurred by a Party with respect thereto shall be considered Program Costs. All Product Marks shall be registered in the name of BioMarin/Genzyme LLC if and when registered. In the event that the applicable laws and regulations of any country in which the Steering Committee elects to register any Product Marks require that such trademark(s) be registered in the name of an entity other than BioMarin/Genzyme LLC, or if the Steering Committee determines that it is in the best interests of the Parties, then the Steering Committee shall select such entity and ensure that a duly authorized officer of such entity agrees in writing that such entity shall (a) grant BioMarin/Genzyme LLC a worldwide, exclusive, fully-paid, royalty-free, irrevocable right and license (with the right to grant and authorize sublicenses) to use such Product Marks and (b) comply with the provisions of Article 13 hereof 12 of the Manufacturing, Marketing and Sales Agreement with respect to the ownership and/or disposition of such Product Marks in the event this Agreement is terminated and provide the level of cooperation described in Section 14.1 hereof in connection therewith. Each Party hereby acknowledges agrees that at no time during of this Agreement to challenge or assist others to challenge the Product Marks or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to such Product Marks.

Ownership of Trademarks. The Steering Committee shall ----------------------- select and as between the Parties hereto BioMarin/Genzyme LLC shall own all trademarks ----------------------- for the sale and use of Collaboration Products in the Territory (collectively, the "Product Marks") ), and all ------------- goodwill therein shall inure to the ------------- benefit of BioMarin/Genzyme LLCGenzyme, and all expenses incurred by a Party with respect thereto thereof shall be considered Program Costs. All Product Products Marks shall be registered in the name of BioMarin/Genzyme LLC if and when registered. In the event that the applicable laws and regulations of any country in which the Steering Committee elects to register any Product Marks require that such trademark(s) be registered in the name of an entity other than BioMarin/Genzyme LLCGenzyme, or if the Steering Committee determines that it is in the best interests of the Parties, then the Steering Committee shall select such entity and ensure that a duly authorized officer of such entity agrees in writing that such entity shall (a) grant BioMarin/Genzyme LLC a worldwide, an exclusive, fully-paid, royalty-free, irrevocable (during the term of this Agreement) right and license (with the right to grant and authorize sublicenses) to use such Product Marks in the Territory and (b) comply with the provisions of Article 13 hereof with respect to the ownership and/or disposition of such Product Products Marks in the event this Agreement the Program is terminated and provide the level of cooperation described in Section 14.1 hereof in connection therewith. Each Party Aptein hereby acknowledges agrees that at no time during the term of this Agreement to shall it or any of its Affiliates challenge or assist others to challenge in challenging the Product Marks or the registration thereof or attempt register to register any trademarks, marks or trade names confusingly similar to such Product Marks.

Ownership of Trademarks. The Steering Collaboration Committee shall ----------------------- select and as between the Parties hereto BioMarin/Genzyme LLC Pharmacia shall own all trademarks for the sale and use of service marks associated with Collaboration Products in the Territory (collectively, "“Product Marks") and all goodwill therein ”). Pharmacia shall inure to the ------------- benefit of BioMarin/Genzyme LLC, and all expenses incurred by a Party with respect thereto shall be considered Program Costs. All also own any domain names including any Product Marks shall be registered in the name of BioMarin/Genzyme LLC if and when registeredMarks. In the event that the applicable laws and regulations of any country in which the Steering Committee elects to register any require that Product Marks require that such trademark(s) be registered in the name of an entity other than BioMarin/Genzyme LLCPharmacia, or if the Steering Collaboration Committee determines that it is in the best interests of the Parties, then the Steering Collaboration Committee shall select such entity and ensure that a duly authorized officer of such entity agrees in writing that such entity shall (a) grant BioMarin/Genzyme LLC a the Parties worldwide, exclusive, fully-paid, royalty-free, irrevocable right and license (with the right to grant and authorize sublicenses) to use such Product Marks to the extent necessary to enable the Parties to fulfill their obligations and exercise their rights under this Agreement, and (b) comply with the provisions of Article 13 hereof Section 12.7(c) with respect to the ownership and/or disposition of such Product Marks in the event this Agreement is terminated and provide the level of cooperation described in Section 14.1 hereof in connection therewithterminated. Each Party hereby acknowledges agrees that at no time during the term of this Agreement to challenge will it or assist others to challenge the Product Marks or the registration thereof or any of its Affiliates attempt to use or register any trademarks, marks or trade names confusingly similar to such Product MarksMarks or take any other action with a view to damaging the rights or goodwill in any of the Product Marks in any country. In addition, Pharmacia grants to Celltech the right and license to use the Product Marks solely for the purposes of exercising its co-promotion and other rights under this Agreement. In the event that either Party becomes aware of any infringement of a Product Xxxx by a Third Party, it shall promptly notify the other and the Parties shall consult with each other to determine the best way to prevent such infringement, including without limitation by the institution of legal proceedings against such Third Party.