Common use of Protection of Knowledge Clause in Contracts

Protection of Knowledge. 10.1.1 If, in the course of carrying out work on the Project, a joint invention, design or work is made (and one or more Parties are contributors to it), and if the features of such joint invention design or work are such that it is not possible to sepa­rate them for the purpose of applying for, obtaining and/or maintaining the relevant patent protection or any other intellectual property right, the Parties concerned agree that they may jointly apply to obtain and/or maintain the relevant right together with any other parties concerned (which usually will be Assistant Contractors). The Parties concerned shall seek to agree between them and the other parties concerned arrangements for applying for, obtaining and/or maintaining such right on a case-by-case basis. Where the parties concerned are solely Parties, so long as any such right is in force, the Parties concerned shall be entitled to use and to license such right without any financial compensation to or the con­sent of the other Parties concerned. For the avoidance of doubt, joint ownership of an invention, design or work shall not affect the obligations arising under this Consortium Agreement or the Contract. 10.1.2 In respect of a country either specified by the Commission or agreed by the Parties, a Party shall notify the other Parties (via the Coordinator if practical) if it does not intend to seek adequate and effective protection (as required by the Contract) of certain of its Knowledge from the Project or if that Party intends to waive such protection. If another Party (or Parties) informs the notifying Party in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Party shall assign to such other Party(ies) all necessary rights which it owns. Such assignment shall ensure the Access Rights of all Parties will be unaffected except that the Party(ies) shall not enforce the resultant rights acquired pursuant to the assignment against the Party which assigned its rights, nor against such Party's Affiliates or licensees under the assigned rights. For the avoidance of doubt, the Party which assigned its rights shall have at least the same Access Rights as the non-involved Parties.

Protection of Knowledge. 10.1.1 If19.1 It is a requirement under the Contract that Knowledge should be protected by the owner. Accordingly each Party shall, in the course first instance, in relation to Knowledge as it shall arise, use its reasonable endeavours to ensure that the protection of carrying out work on such Knowledge is not prejudiced, whether by disclosure to any third party or by any other means. 19.2 Any Party which shall develop Knowledge shall be further obliged to consider whether or not such Knowledge should be protected and if so whether such Party is prepared to undertake the Projectsame. Where a Party intends to pursue protection, a joint inventionit shall promptly undertake the same, design or work is made (and one or more shall, through the Steering Committee, ensure that the other Parties are contributors made and kept aware of the progress of such protection. Any such information provided shall be deemed to it)be Confidential Information as defined in Clause 17, and if each such other Party shall be bound by the features provisions of Clause 17 in relation thereto. 19.3 Where a Party shall, pursuant to Clause 19.2, decide that it does not wish to protect Knowledge, that Party shall as soon as reasonably possible provide written notice to the Co-ordinator to that effect. Any such notification shall be made so as not to prejudice the protection of such joint invention design Knowledge by any other Party or work by the Commission, and accordingly shall be provided to the Co-ordinator not later than 60 days in advance of the date by which such applications for protection are required to be initiated. 19.4 Where any other Party, or the Commission, wishes to initiate protection in respect of such Knowledge referred to in Clause 19.2, it may with the consent of the owning Party adopt measures to protect the Knowledge. The owning Party may only refuse if it can demonstrate that it is not possible its legitimate interests will be significantly impaired. 19.5 In the event that Knowledge may be protected by any Party other than the owning Party, as referred to sepa­rate them in Clause 19.2, and upon terms to be agreed between the respective Parties, such other Party shall take on all rights and obligations of the owning Party for the purpose of applying for, obtaining granting Access Rights to such Knowledge in return for the owning Party receiving a share of any exploitation revenues and/or maintaining equity arising from the relevant patent protection exploitation of such Knowledge by or any other intellectual property right, on behalf of that Party to reflect the relative contributions of the respective Parties concerned agree that they may jointly apply to obtain and/or maintain the relevant right together with any other parties concerned (which usually will be Assistant Contractors). The Parties concerned shall seek to agree between them such Knowledge and the other parties concerned arrangements for applying for, obtaining and/or maintaining such right on a case-by-case basis. Where process of exploitation and also provided that the parties concerned are solely Parties, so long as any such right is in force, the Parties concerned shall be entitled to use and to license such right without any financial compensation to or the con­sent of the other Parties concerned. For the avoidance of doubt, joint ownership of an invention, design or work shall not affect the obligations arising under this Consortium Agreement or the Contract. 10.1.2 In respect of a country either specified by the Commission or agreed by the Parties, a owning Party shall notify the other Parties (via the Coordinator if practical) if it does not intend to seek adequate and effective protection (as required by the Contract) of certain of its Knowledge from the Project or if that Party intends to waive such protection. If another Party (or Parties) informs the notifying Party in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Party shall assign retain Access Rights to such other Party(ies) all necessary rights which it owns. Such assignment shall ensure the Access Rights of all Parties will be unaffected except that the Party(ies) shall not enforce the resultant rights acquired pursuant to the assignment against the Party which assigned its rights, nor against such Party's Affiliates or licensees under the assigned rights. For the avoidance of doubt, the Party which assigned its rights shall have at least the same Access Rights as the non-involved PartiesKnowledge.

Protection of Knowledge. 10.1.1 If, in the course of carrying out work on the Project, a joint invention, design or work is made (and one or more Parties are contributors to it), and if the features of such joint invention design or work are such that it is not possible to sepa­rate separate them for the purpose of applying for, obtaining and/or maintaining the relevant patent protection or any other intellectual property right, the Parties concerned agree that they may jointly apply to obtain and/or maintain the relevant right together with any other parties concerned (which usually will be Assistant Contractors). The Parties concerned shall seek to agree between them and the other parties concerned arrangements for applying for, obtaining and/or maintaining such right on a case-by-case basis. Where the parties concerned are solely Parties, so long as any such right is in force, the Parties concerned shall be entitled to use and to license such right without any financial compensation to or the con­sent consent of the other Parties concerned. For the avoidance of doubt, joint ownership of an invention, design or work shall not affect the obligations arising under this Consortium Agreement or the Contract. 10.1.2 In respect of a country either specified by the Commission or agreed by the Parties, a Party shall notify the other Parties (via the Coordinator Co-ordinator if practical) if it does not intend to seek adequate and effective protection (as required by the Contract) of certain of its Knowledge from the Project or if that Party intends to waive such protection. If another Party (or Parties) informs the notifying Party in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Party shall assign to such other Party(ies) all necessary rights which it owns. Such assignment shall ensure the Access Rights of all Parties will be unaffected except that the Party(ies) shall not enforce the resultant rights acquired pursuant to the assignment against the Party which assigned its rights, nor against such Party's Affiliates or licensees under the assigned rights. For the avoidance of doubt, the Party which assigned its rights shall have at least the same Access Rights as the non-involved PartiesParties.‌ Each contractor declares the pre existing know how that he owns and that he intends to use in the frame of the EC contract. This preexisting know how is listed in the annex III of this agreement.