Parallel Importation Sample Clauses

Parallel Importation. 10.6.1. POZEN (i) shall not sell (and, to the extent permitted by Applicable Law, shall ensure that its Affiliates do not sell, and shall use Commercially Reasonable Efforts to ensure that its licensees and distributors do not sell) any Licensed Product to a Third Party in a country outside of the Territory if POZEN (or such Affiliate, licensee or distributor) has reason to believe that such Third Party is likely to export such Licensed Product to the Territory for resale, and (ii) shall not export or have exported (and, to the extent permitted by Applicable Law, shall ensure that its Affiliates do not export or have exported, and shall use Commercially Reasonable Efforts to ensure that its licensees and distributors do not export or have exported) any Licensed Product from any country outside of the Territory into the Territory for purposes of distribution in or to the Territory, in each case without the written consent of Licensee. 10.6.2. Licensee (i) shall not sell (and, to the extent permitted by Applicable Law, shall ensure that its Affiliates do not sell, and shall use Commercially Reasonable Efforts to ensure that its Sublicensees and distributors do not sell) any Licensed Product to a Third Party in the Territory if Licensee (or such Affiliate, Sublicensee or distributor) has reason to believe that such Third Party is likely to export such Licensed Product to any country outside the Territory for resale, and (ii) shall not export or have exported (and, to the extent permitted by Applicable Law, shall ensure that its Affiliates do not export or have exported, and shall use Commercially Reasonable Efforts to ensure that its Sublicensees and distributors do not export or have exported) any Licensed Product from the Territory for purposes of distribution in or to any country outside the Territory, in each case without the written consent of POZEN.
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Parallel Importation. The Parties shall, upon provision by DKSH of sufficient documents to confirm sales by Other Sellers within the Territory, immediately enter into good negotiation to remedy the situation.
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Parallel Importation. The Parties recognize that customers or other Third Parties may import Drug Products purchased in the Territory for use outside the Territory and vice versa. If such activity materially distorts the aggregate relative benefit to the Parties that otherwise would prevail if those Drug Products were sold by VERTEX directly outside the Territory or by MITSUBISHI directly in the Territory, then the Parties shall establish an equitable mechanism to offset the economic effect of any such sales, to the extent it is possible and legally permissible to do so. MITSUBISHI shall use commercially reasonable efforts to take all legally permissible steps necessary to prevent any Drug Product manufactured for sale in the Territory from being distributed or sold outside the Territory. MITSUBISHI shall notify VERTEX if it becomes aware of the exportation of Drug Product from its Territory. VERTEX shall use commercially reasonable efforts to take all legally permissible steps necessary to prevent any Drug Product manufactured for sale in the VERTEX Territory from being distributed or sold in the Territory. VERTEX shall notify MITSUBISHI if it becomes aware of the exportation of Drug Product from VERTEX Territory.
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Parallel Importation. In relation to the issue of parallel import of pharmaceuticals, Article 6 of the TRIPs Agreement provides that for the purpose of dispute settlement under this Agreement nothing in this Agreement shall be used to address the issue of exhaustion of intellectual property rights. Nevertheless, the rights conferred by a patent (Article 28 of the TRIPs Agreement) may not be contravened; these rights include the right to prevent importation of patented products. This means under trips Agreement parallel importation is allowed. 134 Globalization and access to drugs implication of the wto/TRIPs Agreement. World health organization 1999.op.cit.P35
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Parallel Importation. In the event the Sellers shall license to any Person outside of the Territory any rights with respect to the Delsym Product, the Sellers shall use commercially reasonable efforts to include in the terms and conditions of such license a prohibition on parallel importation of the Delsym Product by such licensee into the Territory. In the event that the Sellers shall have knowledge that any such licensee shall be engaging in the parallel importation of the Delsym Product into the Territory then, at the request and the expense of Buyer, the Sellers shall enforce the applicable provisions of such license against any licensee engaging such parallel importation.
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Parallel Importation. The Intellectual Property Chapter does not impose any new restrictions on Australia’s ability to allow for parallel imports. The TPP-11 leaves the issue of ‘international exhaustion’ of intellectual property rights for each TPP-11 country to determine for itself.
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Parallel Importation. Both generic and brand name drug companies charge lower prices for a drug in one country than in an- other, after taking into account a range of market factors. This means that a country with limited resources can sometimes afford more of a patented or generic drug by purchasing it abroad at a lower price and importing it, rather than buying it directly in its domestic market at the higher price. Parallel importa- tion is regarded as an important flexibility under TRIPS for sustained access to affordable medicines. It is the import and resale of a patented product from another country where it was put on the market by the owner in a legitimate manner, where the import and resale occurs without the consent of the pat- ent holder. Article 6 of the TRIPS Agreement clearly states that nothing in the Agreement shall be used to address the issue of exhaustion of intellectual property rights19. More specifically, Article 8.1 allows members to “adopt measures necessary to protect public health and nutrition”. Where allowed, parallel imports cover legitimate products. In principle, parallel imports may prevent market segmentation and differential pricing unless active policy measures are taken to prevent leakages across markets. The other danger with parallel imports is that they can potentially lead to intra-LDC trade, where drugs shift from one country where the drugs are in demand to another depending on price differentials. If there are restrictions on overall availability of drugs in LDCs, then intra-LDC trade can lead to a low equilibrium outcome. While parallel importation is provided for in a number of developing country laws, parallel importation has not been widely used by developing countries as a solution to reducing ARV prices. An option which remains to be fully utilized is the parallel importation of generic drugs that have been produced under compulsory license. Few coun- tries have made use of the opportunity to import generics that have been produced under compulsory license. This flexibility has not been assisted by the geographical restriction of exportation that has ac- companied the majority of compulsory licenses that have been issued to date. 19 The underlying principle behind parallel imports is that since the owner has been rewarded by the first sale, he or she has no right to control the use or resale of the product and therefore his or her right has been exhausted. 4 : I NTERPRETING THE OPTIONS AVAILABLE UNDER T R I P S On 30 October 199...
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Parallel Importation. Section 9.11 of the Parent Agreement shall terminate in its entirety as of the Amendment Effective Date.
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Related to Parallel Importation

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  • Alcohol and Drug Testing Employee agrees to comply with and submit to any Company program or policy for testing for alcohol abuse or use of drugs and, in the absence of such a program or policy, to submit to such testing as may be required by Company and administered in accordance with applicable law and regulations.

  • Import/Export a) Purchase orders issued pursuant to this contract shall specify the applicable International Commercial Terms of Sale (Incoterms) and the United States importer of record for all items procured under this contract. b) In performing the obligations of this contract, both Parties will comply with all applicable export, import and sanctions laws, regulations, orders, and authorizations, as they may be amended from time to time, applicable to the export (including re-export) or import of goods, software, technology, or technical data (Items) or services, including without limitation the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and regulations and orders administered by the Treasury Department’s Office of Foreign Assets Control (collectively, Export/Import Laws). c) The Party conducting the export or import shall obtain all export or import authorizations which are required under the Export/Import Laws for said Party to execute its obligations under this contract. Each Party shall reasonably cooperate and exercise reasonable efforts at its own expense to support the other Party in obtaining any necessary licenses or authorizations required to perform its obligations under this contract. Reasonable cooperation shall include providing reasonably necessary documentation, including import, end-user and retransfer certificates. d) The Party providing Items or services under this contract shall, upon request, notify the other Party of the Items or services’ export classification (e.g., the Export Control Classification Numbers or United States Munitions List [USML] category and subcategory) as well as the export classification of any components or parts thereof if they are different from the export classification of the Item at issue. The Parties acknowledge that this representation means that an official capable of binding the Party providing such Items or services knows or has otherwise determined the proper export classification. Each Party agrees to reasonably cooperate with the other in providing, upon request of the other Party, documentation or other information that supports or confirms this representation

  • Import Licensing 1. Each Party shall ensure that all automatic and non- automatic import licensing measures are implemented in a transparent and predictable manner, and applied in accordance with the Agreement on Import Licensing Procedures in Annex 1A to the WTO Agreement. 2. Each Party shall promptly notify the other Parties of existing import licensing procedures. Thereafter, each Party shall notify the other Parties of any new import licensing procedures and any modification to its existing import licensing procedures, to the extent possible 60 days before it takes effect, but in any case no later than within 60 days of publication. The information in any notification under this Article shall be in accordance with Article 5.2 and 5.3 of the Agreement on Import Licensing Procedures in Annex 1A to the WTO Agreement. 3. Upon request of another Party, a Party shall, promptly and to the extent possible, respond to the request of that Party for information on import licensing requirements of general application.

  • Alcohol and Drug-Free Workplace City reserves the right to deny access to, or require Contractor to remove from, City facilities personnel of any Contractor or subcontractor who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity which in any way impairs City's ability to maintain safe work facilities or to protect the health and well-being of City employees and the general public. City shall have the right of final approval for the entry or re-entry of any such person previously denied access to, or removed from, City facilities. Illegal drug activity means possessing, furnishing, selling, offering, purchasing, using or being under the influence of illegal drugs or other controlled substances for which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing, selling, offering, or using alcoholic beverages, or being under the influence of alcohol.

  • Apple and Android Devices The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

  • Goods and Services Tax (GST (a) For the purposes of clause 9:

  • PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT A. The Board of Education agrees to pay the actual tuition costs of courses taken by a teacher at accredited colleges or universities up to three courses per two (2) year fiscal periods from July 1, 2006 to June 30, 2008 and July 1, 2008 to June 30, 2010 respectively, except as follows: 1. No teacher may be reimbursed for courses taken during the first year of teaching in Vineland. 2. Teachers taking courses in the second and third years of employment in Vineland will not receive remuneration until tenure has been secured. The remuneration will then be retroactive and will be paid to the teacher in a lump sum within sixty (60) days after the teacher has secured tenure. 3. All courses must be pre-approved by the Superintendent or his designee subject to the following requirements: (a) A teacher must provide official documentation that he/she has obtained a grade of B or better; (b) Reimbursement shall be paid only for courses directly related to teacher’s teaching field which increase the teacher’s content knowledge and are related to the teacher’s current certification, as determined by the Superintendent or his/her designee in his/her sole discretion; no reimbursement shall be paid for courses leading to a post graduate or professional degree in a field other than education or teaching. Further, effective September 1, 2010, all newly hired teachers shall not be eligible for reimbursement until they are tenured, and they shall not be eligible for retroactive reimbursement upon gaining tenure for courses taken prior to being tenured. (c) The maximum total payments to be made by the Board shall not exceed $130,000.00. Courses shall be applied for no earlier than the following dates: Summer Session - April 1 Fall/Winter Session - June 1 Spring Session - October 1 Courses must, as set forth hereinabove in this sub-article 18.A.3, be pre-approved by the Superintendent or his designee, prior to the teacher commencing the course(s); and (d) Teacher taking courses shall sign a contract requiring them to reimburse the Board for all tuition paid for a course if the teacher shall voluntarily leave the employ of the Board within one (1) full school/academic year of completion of said course, except that reimbursement shall not be required when the teacher shall voluntarily leave the employ of the Board due to a significant, documented life change. 4. Tuition reimbursement costs shall be a sum not to exceed the actual cost of college credits charged in an accredited public State college/University of the State of New Jersey. B. When the Superintendent initiates in-service training courses, workshops, conferences and programs designed to improve the quality of instruction, the cooperation of the Vineland Education Association will be solicited. Notwithstanding the above, the initiation of in-service training courses, workshops, conferences and programs shall be determined solely at the discretion of the Board. C. One professional leave day may be granted to a teacher upon request, according to the following guidelines: 1. The professional day may be for attendance at a workshop, seminar or visit to another school for the expressed purpose of self professional improvement for the job. 2. The request shall arrive in the office of the Superintendent of Schools at least ten (10) working days prior to the date requested and shall be reviewed by the immediate supervisor prior to submission. The Board reserves the right to deny a professional leave day before or immediately following a holiday or on a day which by its nature suggests a hardship for providing a substitute. 3. No more than two teachers from any one elementary school or from any one department in the secondary schools may be granted a professional leave for a given day. 4. The teacher may be required to submit a report to the Superintendent of Schools, Assistant Superintendent, supervisor (s), principal and staff regarding the activity of the professional day. 5. Costs incurred by the teacher for the professional day authorized under this Section shall be the teacher’s responsibility. 6. A maximum of 90 professional leave days may be authorized for the school year which shall be apportioned as follows: elementary, 35; grades seven and eight, 20; and high school, 35. D. If the Board initiates a teacher’s attendance at a professional workshop, seminar or visit, the expenses shall be the responsibility of the Board. Further, this day shall not be subtracted from the 90 professional leave days granted to teachers of the Association. E. The Board agrees to pay the full cost of courses taken by secretaries related to skills and knowledge improvement when such courses are required and approved by the Board. F. The Board and the Association agree that it is important to communicate when developing and implementing current and future learning technologies, including but not limited to distance and on-line learning.

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  • Alcohol and Drugs Service Provider agrees that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If the Service Provider or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately.

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