Patents and Information Clause Samples
The "Patents and Information" clause defines the parties' rights and obligations regarding the disclosure and use of patent-related information during their contractual relationship. Typically, this clause requires one party to inform the other about any relevant patents, patent applications, or proprietary information that may affect the products, services, or processes covered by the agreement. It may also outline how such information should be handled, including confidentiality requirements or procedures for addressing potential patent infringements. The core function of this clause is to ensure transparency and protect both parties from inadvertent patent violations, thereby reducing legal risks and fostering informed decision-making.
Patents and Information. 17.1 It shall be a condition of this Contract that, except to the extent that the Goods are made up in accordance with design furnished by the purchaser, none of the Goods will infringe any patent, trade ▇▇▇▇, registered design, copyright or other right in the nature of industrial property or any third party and the Supplier shall indemnify the Council against all actions, suits, claims, demands, losses, charges, costs and expenses which the Council may suffer or incur as a result of or in connection with any breach of the condition.
17.2 All rights (including ownership and copyright) in any specification, instruction, plans, drawings, patterns, models, design or other materials furnished to or made available to the supplier by the Council pursuant to this Contract shall remain vested solely in the Council and the Supplier shall not (except to the extent necessary for the implementation of this Contract) without prior written consent of the Council use or disclose any such specification, instruction, plans, drawings, patterns, models, design or any information (whether or not relevant to this Contract) which the supplier may obtain pursuant to this Contract and in particular (but without prejudice to the generality of the forgoing) the Supplier shall not refer to the Council or the Contract in any advertisement without the Council’s prior written agreement.
Patents and Information. 10.1 It shall be a condition of this Order that, except to the extent that the Goods are made up in accordance with design furnished by the Academy, none of the Goods will infringe any patent, trade mark, registered design, copyright or other right in the nature of industrial property or any third party and the Supplier shall indemnify the Trust against all actions, suits, claims, demands, losses, charges, costs and expenses which the Trust may suffer or incur as a result of or in connection with any breach of the condition.
10.2 All rights (including ownership and copyright) in any specification, instruction, plans, drawings, patterns, models, design or other materials furnished to or made available to the supplier by the Academy pursuant the Order shall remain vested solely in the Trust and the Supplier shall not (except to the extent necessary for the implementation of this Order) without prior written consent of the Trust use or disclose any such specification, instruction, plans, drawings, patterns, models, design or any information (whether or not relevant to this Order) which the supplier may obtain pursuant to this Order and in particular (but without prejudice to the generality of the forgoing) the Supplier shall not refer to the Academy or the Order in any advertisement without the Trust's prior written agreement.
Patents and Information. 24.1 ADA ▇▇▇ees that it will not knowingly incorporate anything in the Work which involves the use of a trade secret or proprietary information of any third party without the prior written approval of Nortel, such approval not to be unreasonably withheld.
24.2 ADA shall, at its expense, timely defend any suit instituted against Nortel and indemnify Nortel against any award of damages and costs made against Nortel in any suit insofar as such is based on a claim that the use of the Work or Deliverables, or the manufacture, lease, sale or sublicensing of same infringes any patent, copyright, or other industrial or intellectual property right, in the United States, Canada, any member country of the European Economic Community, or Japan, except to the extent the claim is based on (i) ADA's compliance with or use of designs, requirement specifications, or alterations supplied, developed or requested by Nortel, and the infringement is necessitated by such compliance or (ii) infringement is caused by the use of with another product in combination with the Deliverables or Work whose use with the Deliverables or Work was not otherwise intended or reasonably foreseen by the ADA based on the information available to it or (iii) the Work or Deliverables are altered and the infringement results from that alteration. Provided Nortel gives ADA timely notice in writing of the institution of suit and permits ADA to defend same and provides, at ADA'▇ ▇equest and expense, all available information, assistance and authority to so defend such suit and any appeals. ADA shall have sole control of the defense of any such claim or suit including appeals and of all the negotiations for settlement, including the right to effect the settlement or compromise thereof. If any element of the Work or Deliverables is in any suit held to constitute an infringement and its use is enjoined, ADA may at its option and expense:
(a) procure for Nortel and any Nortel Customer the right to continue using such infringing element; or
(b) replace or modify the same so that it becomes non-infringing, provided, however, the essential attributes of the element remain the same.
(c) Where after exercising all reasonable efforts to obtain the rights set out in a) or b) above, neither alternative is possible, ADA shall refund all of the monies paid by Nortel pursuant to the Development Agreement which has given rise to the infringement.
24.3 The indemnity set out in Section 24.2 shall only be extended to coun...
Patents and Information. 10.1 It shall be a condition of this Contract that, except to the extent that the Services incorporate designs furnished by the Company, the Services will not infringe any patent, trade mark, registered design, copyright or other right in the nature of industrial property of any third party and the Contractor shall indemnify the Company against all actions, claims, demands, costs and expenses which the Company suffer or endure as a result of or in connection with any breach of this Condition.
10.2 All rights (including ownership and copyright) in any specifications, instructions, plans, drawings, patents, models, designs or other materials:
10.2.1 furnished to or made available to the Contractor by the Company are hereby assigned to and shall vest in the Company absolutely.
10.2.2 prepared by or for the Contractor for use, or intended use, in relation to the performance of this Contract are hereby assigned to and shall vest in the Company absolutely, and the Contractor shall not and shall procure that his servants and agents shall not (except to the extent necessary for the implementation of this Contract) without prior written consent of the Company use or disclose any such specifications, instructions, plans, drawings, patents, models, designs or other material as aforesaid or any other information (whether or not relevant to this Contractor which the Contractor may obtain pursuant to or by reason of this Contract, except information which is in the public domain otherwise than by reason of a breach of this provision, and in particular (but without prejudice to the generality of the foregoing) the Contractor shall not refer to the Company or the Contract in any advertisement without the Company's prior written consent.
10.3 The provisions of this Condition 10 shall apply during the continuance of this Contract and after its termination howsoever arising.
Patents and Information. 1It shall be a condition of this Contract that, except to the extent that the Services incorporate designs furnished by the Museum, the Services will not infringe any patent, trade ▇▇▇▇, registered design, copyright or other right in the nature of industrial property of any third party. The Contractor shall indemnify the Museum against all actions, claims, demands, costs and expenses which the Museum may suffer or incur as a result of or in connection with any breach of this Condition.
Patents and Information. 9.1 It shall be a condition of this Contract that, except to the extent that the Equipment are made up in accordance with designs furnished by the Purchaser, none of the Equipment will infringe any patent, trade ▇▇▇▇, registered design, copyright or other right in the nature of industrial property of any third party and the Supplier shall indemnify the Purchaser against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition.
9.2 All rights (including ownership and copyright) in any specifications, instructions, plans, drawings, patterns, models, designs or other material furnished to or made available to the Supplier by the Purchaser pursuant to this Contract shall remain vested solely in the Purchaser and the Supplier shall not (except to the extent necessary for the implementation of this Contract) without prior written consent of the Purchaser use or disclose any such specifications, plans, drawings, patterns, models or designs or any information (whether or not relevant to this Contract) which the Supplier may obtain pursuant to this Contract and in particular (but without prejudice to the generally of the foregoing) the Supplier shall not refer to the Purchaser or the Contract in any advertisement without the Purchaser's prior written agreement.
Patents and Information. 10.1 It shall be a condition of this Contract that, except to the extent that the Services incorporate designs furnished by the Authority, the Contractor will not infringe any patent, trade ▇▇▇▇, registered design, copyright or other right in the nature of intellectual property of any third party and the Contractor shall indemnify the Authority and the Crown against all actions, suits, claims, demands, losses charges, costs and expenses which the Authority or the Crown may suffer or incur as a result of or in connection with any breach of this Condition.
10.2 All rights (including ownership and copyright) in any specifications, instructions, plans, drawings, patterns, models, design or other materials:
(a) furnished to or made available to the Contractor by the Authority are hereby assigned to and shall vest in the Crown absolutely;
(b) prepared by or for the Contractor for use, in relation to the performance of this Contract are assigned to and shall vest in the Crown absolutely. Without prejudice to Condition 13, the Contractor and his sub-contractors shall not disclose any specifications, plans, instructions, drawings, patents, models or other information obtained pursuant to or by reason of this Contract, without the written permission of the Authority.
10.3 The Contractor and his sub-contractors shall not refer to the Authority in any advertisement without the Authority's written consent.
10.4 The provisions of this Condition 10 shall apply during the continuance of this Contract and after its termination howsoever arising, without limitation of time.
10.5 Subject to any prior rights and to the rights of third parties, copyright and every other property right in all reports, documents and things produced or information obtained by you or which is prepared or obtained under your direction or control under this Agreement shall be vested as copyright in the Crown.
Patents and Information. 3.21.1 Except to the extent that the Service incorporates designs furnished by the Authority, the Contractor shall ensure that the Service does not infringe any patent, trade ▇▇▇▇, registered design, copyright or other right in the nature of intellectual property of any third party.
3.21.2 All rights, including ownership and copyright, in any specifications, instructions, plans, drawings, patents, models, designs, reports, surveys, or other materials or the like either:-
(a) furnished to or made available to the Contractor by the Authority and shall vest in the Authority absolutely, or,
(b) prepared by or for the Contractor for use, or intended use, in relation to the performance of this Contract are hereby assigned to and shall vest in the Authority absolutely.
Patents and Information. 11.2.1. All Information and materials given to the UofN or PSCJ by the OPCC or Force, remain in the ownership of the OPCC even when being used by or in the possession of the UofN and or PSCJ. Upon the completion of the funding Agreement any and all information and materials provided to the UofN or PSCJ by the OPCC office or Force, for use by the UofN or PSCJ as part of or in connection with the performance of the PSCJ, shall (if possible) be returned to the OPCC Office as requested by the OPCC Office or at the end of the funding Agreement, whichever occurs first.
11.2.2. All rights (including ownership and copyright) in any specifications, instructions, plans, drawings, patterns, models, designs, research or other Free Issue Materials given to the UofN or PSCJ by OPCC, under the funding Agreement and any materials produced as a result of the PSCJs delivering, specifications, instructions, plans, drawings, patterns, models, design, research, or other free issue materials, shall remain owned solely by the OPCC.
11.2.3. The UofN or PSCJ shall not without prior written consent of the OPCC use or disclose any specifications, plans, drawings, patterns, models or designs, research or any information or Materials or Free Issue Materials which the UofN or PSCJ may obtain or create under this funding Agreement. These provisions regarding patents and information shall apply whilst the funding Agreement is in force and after it is terminated for whatever reason.
11.2.4. Where the OPCC is the owner of the copyright or Intellectual Property Rights (“IPR”) in any element of the Pre-Existing Materials, or PSCJ created, specifications, instructions, plans, drawings, patterns, models, designs, research or other Free Issue Materials copyright or IPR shall in all instances be retained wholly and exclusively by the OPCC and this shall include the OPCC and Police force crest and or logo. The UofN or PSCJ is not permitted to sub-license, assign or resell any element of any copyright or IPR as described above, without the OPCC’S express written consent.
11.2.5. The OPCC does not grant to the UofN or PSCJ any third party licence or other rights to use or exploit in any way whatsoever any copyright, invention, patent, trademark or other of the OPCC IPR whether or not protection has been registered or applied for and whether or not it is supplied as Confidential Information.
11.2.6. All Intellectual Property Rights in and title to all minutes, reviews, papers, reports, diagrams, des...
Patents and Information. 29.1 It shall be a condition of this Contract that, except to the extent that the Goods are made up in accordance with designs furnished by the Council, none of the Goods will infringe any patent, trademark, registered design, copyright or other right in the nature of industrial property of any third party and the Contractor shall indemnify the Council against all actions, suits, claims, demands, losses, charges, costs and expenses which the Council may suffer or incur as a result of or in connection with any breach of this condition.
29.2 All rights (including ownership and copyright) in any specification, instructions, plans, drawings, patterns, models, designs or other materials furnished to or made available to the Contractor by the Council pursuant to this order shall remain vested solely in the Council and the Contractor shall not (except to the extent necessary for the implementation of this Contract), without prior written consent of the Council use or disclose any such specifications, plans, drawings, patterns, models or designs or any information (whether or not relevant to this Order) which the Contractor may obtain pursuant to this Contract and in particular (but without prejudice to the generality of the foregoing) the Contractor will not refer to the Council or the Contract in any advertisement without the Council's prior written agreement.
29.3 All patents, copyright and other intellectual property rights in any specifications, instructions or other material furnished or made available to the contractor by the Council will remain the property of the Council. All patents, copyright and other intellectual property rights relating to the delivery of the Contract shall vest in the Council and the contractor waives in favour of the Council all moral rights therein and the contractor will not reproduce, publish or supply any such material to any person without prior approval of the Council. All publications, documents and other material(s) provided during or as part of the tendering exercise or as part of the delivery of the Contract by the successful contractor will have their copyright and ownership rights passed to the Council as part of the tender process or at the time of the tendered contracts completion, unless clearly indicated to the contrary at the time of tender. All publications, documents and other material(s) provided in a tendering exercise by the successful contractor who retains copyright still allows the Council free use and free...