Publication by BMS Clause Samples

Publication by BMS. BMS may publish or present data and/or results relating to the Licensed Compound or Licensed Product(s) and generated pursuant to this Agreement in scientific journals and/or at scientific conferences, subject to the prior review, comment and approval by ZAI, which approval shall not be unreasonably withheld. ZAI shall provide any comment or approval to BMS within [*] days of receiving the applicable proposed publication or presentation materials. In the event ZAI fails to provide comment or approval within such [*] day period, BMS may proceed with such proposed publication and approval without further notice to ZAI. For clarity, BMS may publish or present data generated pursuant to this Agreement [*] if [*]; provided that the Parties shall coordinate any such publication, taking into account any intention of ZAI to publish such data (as it relates to the Partner Territory) in accordance with clause (b) of this Section 11.6 below.

Publication by BMS. BMS may publish or present data and/or results relating to a Licensed Compound or Licensed Product developed in the BMS Retained Field in scientific journals and/or at scientific conferences, subject to the prior review and comment by ITI as follows. BMS shall provide ITI with the opportunity to review any proposed abstract, manuscript or presentation which discloses information relating to a Licensed Compound or Licensed Product by delivering a copy thereof to ITI [***] ([***]) [***] before its intended submission for publication or presentation. ITI shall have [***] ([***]) [***] from its receipt of any such abstract, manuscript or presentation in which to notify BMS in writing of any specific objections to the disclosure, based on either the need to seek patent protection or concern regarding the specific disclosure of Confidential Information of ITI, BMS Know-How or the identity of any Licensed Compound or Licensed Product. In the event ITI objects to the disclosure in writing within such [***] ([***]) [***] period, BMS shall delete from the proposed disclosure any ITI Confidential Information, any BMS Know-How and the identity of any Licensed Compound or Licensed Product (other than Licensed Compounds for which BMS has first filed an IND pursuant to Section 2.8) upon request by ITI and, in the event of an objection based on the need to seek patent protection, BMS shall not submit the publication or abstract or make the presentation containing the objected-to information for a period of [***] ([***]) [***] to provide an opportunity to seek patent protection. Once any such abstract or manuscript is accepted for publication, BMS shall provide ITI with a copy of the final version of the manuscript or abstract. For clarification, this Section 11.6.1 shall not limit or restrict BMS’ ability to publish or present publicly information on compounds which are not Licensed Compounds or Licensed Products, provided such publication or presentation does not contain ITI Confidential Information or identify any Licensed Compound or Licensed Product. Notwithstanding anything in this Section 11.6.1, BMS shall not have the right to make any publications with respect to Licensed Compounds for which ITI has first filed an IND as provided in Section 2.8, or with respect to Excluded Compounds.

Publication by BMS. BMS shall not publish, present or otherwise disclose to the public the Research Results exclusively licensed to BMS hereunder, except subject to the prior review and comment by Isis as follows. BMS shall provide Isis with the opportunity to review any such proposed disclosure which if made would or may be considered a public disclosure, whether written or oral, (such as an abstract, manuscript or presentation) that contains such Research Results by delivering a copy thereof to Isis no less than thirty (30) days before its intended submission for publication, presentation or other public disclosure. Isis shall have thirty (30) days from its receipt of any such proposed disclosure in which to notify BMS in writing of approval of the disclosure, such approval not to be unreasonably withheld or delayed. In the event Isis objects to the proposed disclosure in writing within such thirty (30) days period, or requests a delay in the disclosure beyond such thirty (30) day period for the filing of a patent application, BMS agrees not to make the proposed disclosure or submit the publication or abstract or make the presentation containing the objected-to information until the Parties have agreed to the content of the proposed disclosure, or, where applicable, such patent application has been filed, and BMS shall delete from the proposed disclosure any Confidential Information of Isis (including any Confidential Information of both Parties) upon request by Isis. Once any such abstract or manuscript is accepted for publication, at Isis’ request, BMS will provide Isis with a copy of the final version of the presentation, manuscript or abstract.

Publication by BMS. BMS will have the sole and exclusive right to publish the Research Results, and all information related to the BMS Compounds and Research Compounds. Notwithstanding the foregoing, BMS will not publish any Confidential Information of Pharmacopeia, and will not use the name of Pharmacopeia (or any of its directors, employees, or Affiliates) in any such publication without the express written consent of Pharmacopeia.