Common use of Ownership Rights to Project Results Clause in Contracts

Ownership Rights to Project Results. The ownership rights to Project Results shall accrue to the Participant that has generated them. If two or more Participants have generated the Project Results collaboratively, they shall have joint ownership of these. The Participants’ undivided share shall correspond to the respective Participant’s proportionate intellectual contribution to the Project Result in question. Participants owning Project Results jointly shall, within six months of generation of the relevant Project Results, enter into a separate agreement on the utilisation of these Project Results, including any protective measures and distribution of costs associated therewith. The co-ownership agreement should as a minimum include the following points: a clear specification of the Project Result, including the individual Participant’s ownership share; provisions regarding which of the co-owners shall be responsible for protecting and maintaining the Project Result, including relevant authorisations; a detailed plan for how the Project Results shall be protected, defended, maintained and used, including a plan for commercial utilisation. If, within a period of two years from the generation of the Project Results, the owner of a Project Result that is not a research institution or health trust has not taken reasonable steps for further development and/or Commercial Utilisation, the Participants that are research institutions or health trusts shall have a right of priority to take over the ownership rights to such Project Results on a royalty-free basis. If multiple Participants wish to exercise such right of priority, then these Participants shall own the Project Results in question jointly and shall enter into an agreement as set out in the paragraph above.

Appears in 3 contracts

Samples: Collaboration Agreement, Collaboration Agreement, Collaboration Agreement

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Ownership Rights to Project Results. Alternative 1: The ownership rights to Project Results shall accrue to the Participant that has generated them. If two or more Participants have generated the Project Results collaboratively, they shall have joint ownership of theseown these jointly. The Participants’ undivided share shall correspond to the respective Participant’s proportionate intellectual contribution to the Project Result in question. Participants owning Project Results jointly shall, within six months of generation of the relevant Project Results, enter into a separate agreement on the utilisation of these Project Results, including any protective measures and distribution of costs associated therewith. The co-ownership agreement should as a minimum include the following points: a clear specification of the Project Result, including the individual Participant’s ownership share; provisions regarding which of the co-owners shall be responsible for protecting and maintaining the Project Result, including relevant authorisations; a detailed plan for how the Project Results shall be protected, defended, maintained and used, including a plan for commercial utilisation. If, within a period of two three years from the generation termination of the Project ResultsProject, the owner of a Project Result that is not a research institution or health trust has not taken reasonable steps for to protect industrial rights, further development and/or Commercial Utilisation, the other Participants that are research institutions or health trusts shall shall, after submitting a written request to the owner, have a right of priority to take over the ownership rights to such Project Results on a royalty-free basis. If multiple Participants wish to exercise such right of priority, then these Participants shall own the Project Results in question jointly and shall enter into an agreement as set out in the paragraph above.

Appears in 1 contract

Samples: Collaboration Agreement

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