Common use of PUBLICATION AND ACADEMIC RIGHTS Clause in Contracts

PUBLICATION AND ACADEMIC RIGHTS. 5.1 Principal Investigator shall have the right to publish or otherwise publicly disclose information gained as the result of his research in the course of this Agreement, but, in order to avoid loss of patent rights as a result of premature public disclosure of patentable information, Principal Investigator will submit any prepublication materials and a summary of any other planned public disclosure to Sponsor for review and comment at least thirty (30) days prior to the planned submission for publication. The Principal Investigator will have all personnel participating in the Research Project submit all such prepublication materials and planned public disclosures to the Principal Investigator for submission to Sponsor as set forth in the preceding sentence. Sponsor shall notify the Principal Investigator within fifteen (15) days of receipt of such materials whether it desires to file patent applications on any inventions contained in the materials; and, if Sponsor chooses to do so, it will promptly proceed to file the patent application(s) in due course. In such case, Principal Investigator will delay publication and any other disclosure as required to ensure that such filings are made before publication or other disclosure. Principal Investigator shall have final authority to determine the scope and content of any publications, but Principal Investigator will consider in good faith suggestions by Sponsor. 5.2 It is understood that, subject to Section 5.1, the Principal Investigator may discuss the research being performed under this Agreement with other investigators, but shall not reveal information which is Sponsor’s Confidential Information to the other investigators. TRLLC and Principal Investigator also agree not to disclose Sponsor’s Confidential Information to any third party and to employ reasonable safeguards to maintain Sponsor’s Confidential Information confidential and to prevent its unauthorized use, including causing TRLLC’s employees and consultants and others who will have access to Sponsor’s Confidential Information, to be bound by nondisclosure and nonuse undertakings for the protection of Sponsor’s Confidential Information. “Sponsor’s Confidential Information” means all business and technical information of a proprietary nature, whether in physical or non-physical form, of Sponsor, or any third party proprietary information in the possession of Sponsor, whether disclosed to TRLLC or Principal Investigator in written, oral or other media form, or by observation or inspection of tangible objects. [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission]

Appears in 1 contract

Samples: Sponsored Research Agreement (Chay Enterprises, Inc.)

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PUBLICATION AND ACADEMIC RIGHTS. 5.1 Principal Investigator shall have Publication and academic rights will be governed by the right to publish mutually agreed terms of the Grant Funding Agreement, attached hereto as Exhibit A, under which [abbreviation] research at UTA Facility is conducted, or otherwise publicly disclose information gained absent such terms, as follows: Each Party recognizes that under academic policy, the result results of his any collaborative research and development directly in the course of or under this AgreementAgreement and an associated Attachment must be publishable. [abbreviation] agrees that the individuals engaged in such collaborative research and development (if any) under this Agreement on behalf of UTA, butshall be permitted (but not obligated) to present at symposia, national and international, or regional professional meetings, and to publish in journals, theses or dissertations, or otherwise of their own choosing, methods and results of the collaborative research and development under this Agreement and an associated Attachment; provided, however, in order to avoid loss of patent rights as a result of premature public disclosure of patentable informationinformation or inadvertent disclosure of Confidential Information, Principal Investigator will submit any prepublication materials and a summary that [abbreviation] shall have been furnished copies of any other planned public disclosure to Sponsor for review and comment proposed publication or presentation at least sixty (60) days in advance of the submission of such proposed publication or presentation to a journal, editor, or other third party. [abbreviation] shall have thirty (30) days prior days, after receipt of said copies, to object to such proposed presentation or proposed publication because there is patentable subject matter and/or Confidential Information which needs protection contained therein. In the planned submission event that [abbreviation] makes such objection, UTA shall refrain from making such publication or presentation for publication. The Principal Investigator will have all personnel participating in the Research Project submit all such prepublication materials and planned public disclosures to the Principal Investigator for submission to Sponsor as set forth in the preceding sentence. Sponsor shall notify the Principal Investigator within fifteen a maximum of three (153) days months from date of receipt of such materials whether it desires objection in order for proper filing of patent application(s) with the United States Patent and Trademark Office and/or foreign patent office(s) directed to file patent applications on any inventions the patentable subject matter contained in the materials; and, if Sponsor chooses to do so, it will promptly proceed to file the patent application(s) in due courseproposed publication or presentation. In such caseany notification about claimed Confidential Information, Principal Investigator will delay publication [abbreviation] shall indicate with specificity the claimed Confidential Information and any other disclosure as required to ensure what manner and degree [abbreviation] suggests that such filings UTA may disclose Confidential Information. Notwithstanding the foregoing, results of collaborative research directly in the course of or under this Agreement and an associated Attachment are made before publication or other disclosure. Principal Investigator shall not Confidential Information, and UTA shall, after the time period referenced above has passed, have the final authority to determine the scope and content of any publications, but Principal Investigator will consider in good faith suggestions by Sponsor. 5.2 It is understood that, subject to Section 5.1, the Principal Investigator may discuss the research being performed under this Agreement with other investigators, but shall not reveal information which is Sponsor’s Confidential Information to the other investigators. TRLLC and Principal Investigator also agree not to disclose Sponsor’s Confidential Information to any third party and to employ reasonable safeguards to maintain Sponsor’s Confidential Information confidential and to prevent its unauthorized use, including causing TRLLC’s employees and consultants and others who will have access to Sponsor’s Confidential Information, to be bound by nondisclosure and nonuse undertakings for the protection of Sponsor’s Confidential Information. “Sponsor’s Confidential Information” means all business and technical information of a proprietary nature, whether in physical or non-physical form, of Sponsor, or any third party proprietary information in the possession of Sponsor, whether disclosed to TRLLC or Principal Investigator in written, oral or other media form, or by observation or inspection of tangible objects. [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission]

Appears in 1 contract

Samples: Facilities and Equipment Use Agreement

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PUBLICATION AND ACADEMIC RIGHTS. 5.1 Principal Investigator shall have the right to publish or otherwise publicly disclose information gained as the result of his research in the course of this Agreement, but, in order to avoid loss of patent rights as a result of premature public disclosure of patentable information, Principal Investigator will submit any prepublication materials and a summary of any other planned public disclosure to Sponsor for review and comment at least thirty (30) days prior to the planned submission for publication. The Principal Investigator will have all personnel participating in the Research Project submit all such prepublication materials and planned public disclosures to the Principal Investigator for submission to Sponsor as set forth in the preceding sentence. Sponsor shall notify the Principal Investigator within fifteen (15) days of receipt of such materials whether it desires to file patent applications on any inventions contained in the materials; and, if Sponsor chooses to do so, it will promptly proceed to file the patent application(s) in due course. In such case, Principal Investigator will delay publication and any other disclosure as required to ensure that such filings are made before publication or other disclosure. Principal Investigator shall have final authority to determine the scope and content of any publications, but Principal Investigator will consider in good faith suggestions by Sponsor. * Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities and Exchange Commission. 5.2 It is understood that, subject to Section 5.1, the Principal Investigator may discuss the research being performed under this Agreement with other investigators, but shall not reveal information which is Sponsor’s Confidential Information to the other investigators. TRLLC and Principal Investigator also agree not to disclose Sponsor’s Confidential Information to any third party and to employ reasonable safeguards to maintain Sponsor’s Confidential Information confidential and to prevent its unauthorized use, including causing TRLLC’s employees and consultants and others who will have access to Sponsor’s Confidential Information, to be bound by nondisclosure and nonuse undertakings for the protection of Sponsor’s Confidential Information. “Sponsor’s Confidential Information” means all business and technical information of a proprietary nature, whether in physical or non-physical form, of Sponsor, or any third party proprietary information in the possession of Sponsor, whether disclosed to TRLLC or Principal Investigator in written, oral or other media form, or by observation or inspection of tangible objects. [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission].

Appears in 1 contract

Samples: Sponsored Research Agreement (Rosewind CORP)

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