Common use of Publications Clause in Contracts

Publications. Each Party and its Affiliates shall have the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party shall provide the non-publishing Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part to the non-publishing Party. If the non-publishing Party informs the publishing Party that such Publication, in the non-publishing Party’s reasonable judgment, could be expected to have a material adverse effect on any patentable invention owned by or licensed, in whole or in part, to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Party, the publishing Party shall delay or prevent such Publication as follows: (i) with respect to a patentable invention, such Publication shall be delayed sufficiently long (not to exceed sixty (60) days) to permit the timely preparation and filing of a patent application; and (ii) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practices.

Appears in 2 contracts

Samples: License, Development and Commercialization Agreement (Incyte Corp), License, Development and Commercialization Agreement (Agenus Inc)

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Publications. Each Party and its Affiliates shall have During the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in PublicationsAgreement Term, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedurerestrictions shall apply with respect to disclosure by any Party of Confidential Information relating to the Compounds and Products in any publication or presentation: The publishing A Party (“Publishing Party”) shall provide the non-publishing other Party with an advance a copy of the any proposed Publication, and the other Party shall then have publication or presentation at least [***] prior to submission of any Publication in which for publication so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. If The incorporation of such recommended changes shall not be unreasonably refused; and if such other Party notifies (“Publishing Notice”) the non-publishing Publishing Party informs in writing, within [***] after receipt of the publishing Party copy of the proposed publication or presentation, that such Publicationpublication or presentation in its reasonable judgment (i) contains an invention, in solely or jointly conceived and/or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (ii) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) on such invention, and (ii) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted in no event less than [***] from the Publication. Notwithstanding date of the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesPublishing Notice.

Appears in 2 contracts

Samples: Licensing Agreement, License Agreement (CinCor Pharma, Inc.)

Publications. Each Party The following provisions shall apply to the Parties with respect to all publications, presentations and its Affiliates shall have the right other public disseminations of any information relating to make disclosures pertaining Licensed Compounds or to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval scientific work performed as part of the JSCCollaboration: (a) The Party desiring to publish, in accordance with present or otherwise publicly disseminate such information (the following procedure: The publishing Party “Publishing Party”) shall provide the non-publishing other Party with an advance a copy of the any proposed Publicationpublication, and the presentation or other Party shall then have [**] public dissemination at least thirty (30) days prior to submission of any Publication in which for publication, presentation or other public dissemination so as to provide such other Party an opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How the Confidential Information belonging in whole or in part to such other Party or to preserve such other Party’s ability to obtain a patent or patents Covering any Invention. The incorporation of such recommended changes shall not be unreasonably refused. (b) If such other Party provides written notice (“Notice”) to the non-publishing Party. If Publishing Party within fifteen (15) days of receipt of the non-publishing Party informs copy of the publishing Party proposed publication, presentation or other public dissemination that such Publicationpublication, presentation or other public dissemination in its reasonable judgment (i) discloses information about an Invention for which the non-publishing Party’s reasonable judgment, could be expected to have a material adverse effect on any patentable invention owned by other Party desires patent protection or licensed, in whole or in part, to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is ii) discloses Confidential Information of the non-publishing other Party, the publishing Publishing Party shall delay or prevent such Publication publication or delay such publication, presentation or other dissemination until the Parties have agreed on mutually acceptable modifications thereto so as follows: (i) with respect not to prejudice the other Party’s right to obtain a patentable inventionpatent and not to disclose the other Party’s Confidential Information. In the case of Inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) or application(s) on the Invention, and in no event less than sixty (ii60) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted days from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesdate of Notice.

Appears in 2 contracts

Samples: Collaboration Agreement (Pharmasset Inc), Collaboration Agreement (Pharmasset Inc)

Publications. Each Party and its Affiliates shall have During the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in PublicationsAgreement Term, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing restrictions shall apply with respect to disclosure by any Party of Confidential Information in any publication or presentation. A Party (“Publishing Party”) shall provide the non-publishing other Party with an advance a copy of the any proposed Publication, and the other Party shall then have publication or presentation at least [***…] prior to submission of any Publication in which for publication so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. If The incorporation of such recommended changes shall not be unreasonably refused; and if such other Party notifies (“Publishing Notice”) the non-publishing Publishing Party informs in writing, within […***…] after receipt of the publishing Party copy of the proposed publication or presentation, that such Publicationpublication or presentation in its reasonable judgment (i) contains an invention, in solely or jointly conceived and/or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (ii) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) on such invention, and (ii) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted in no event less than […***…] from the Publication. Notwithstanding date of the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesPublishing Notice.

Appears in 2 contracts

Samples: Collaboration Agreement (Foundation Medicine, Inc.), Collaboration Agreement (Foundation Medicine, Inc.)

Publications. Each During the Agreement Term, the following provisions shall apply with respect to the disclosure in scientific journals, publications or scientific presentations by any Party and its Affiliates shall have the right relating to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval any scientific work performed as part of the JSC, in accordance with Strategic Alliance: (a) A Party (the following procedure: The publishing Party "Publishing Party") shall provide the non-publishing other Party with an advance a copy of any proposed publication relating to the proposed Publication, and work performed and/or the other Party shall then have [**] results achieved in the conduct of the Strategic Alliance at least forty-five (45) days prior to submission of any Publication in which for publication so as to provide such other Party an opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How the Confidential Information belonging in whole or in part to such other Party, and the nonincorporation of such recommended changes shall not be unreasonably refused; (b) If such other Party in writing notifies ("Notice") the Publishing Party, within forty-publishing Party. If five (45) days of receipt of the non-publishing Party informs copy of the publishing Party proposed publication, that such Publication, publication in its reasonable judgment (i) contains an Invention for which the non-publishing Party’s reasonable judgment, other Party reasonably desires patent protection or (ii) disclosure to competitors could be expected to have a material adverse effect on the commercial value of any patentable invention owned by or licensed, in whole or in part, to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing PartyInformation, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of Inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) or application(s) on the Invention, and in no event less than ninety (ii90) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted days from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesdate of Notice.

Appears in 2 contracts

Samples: Strategic Alliance Agreement (Memory Pharmaceuticals Corp), Strategic Alliance Agreement (Memory Pharmaceuticals Corp)

Publications. Each During the Term, the disclosure by either Party and its Affiliates shall have the right relating to make disclosures pertaining to a Licensed Antibody any Compound or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, any publication or presentation shall be in accordance with the following procedure: The publishing procedure set forth in this Section 10.6. A Party (“Publishing Party”) shall provide the non-publishing other Party with a copy of any proposed publication or presentation at least thirty (30) days prior to submission for publication so as to provide such other Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which opportunity to recommend any changes to the Publishing Party that it reasonably believes are necessary to preserve any Patent Rights continue to maintain such Party’s Confidential Information in accordance with the requirements of this Agreement. The incorporation of such recommended changes shall not be unreasonably refused; and if such other Party notifies (“Publishing Notice”) the Publishing Party in writing, within thirty (30) days after receipt of the copy of the proposed publication or Know-How belonging in whole or in part to the non-publishing Party. If the non-publishing Party informs the publishing Party presentation, that such Publicationpublication or presentation in its reasonable judgment (a) contains an Invention, in solely or jointly conceived or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (b) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreed period of time and at the other Party’s request shall remove the other Party’s Confidential Information from the proposed publication or presentation. In the case of Inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; applications on such Invention, and in no event less than ninety (ii90) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted days from the Publication. Notwithstanding date of the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesPublishing Notice.

Appears in 2 contracts

Samples: License Agreement (VYNE Therapeutics Inc.), License Agreement (VYNE Therapeutics Inc.)

Publications. Each (a) Notwithstanding Section 10.3 and Section 10.4, a Party and its (the “Publishing Party”) which is, or whose Affiliates shall have is, seeking to publish or publicly present scientific or technical data, results or other information with respect to the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party shall provide the non-publishing other Party and the JCC with an advance a copy of the any proposed Publication, and the other Party shall then have publication or presentation at least [**] days (or at least [**] days in the case of abstracts or oral public presentations) prior to submission of any Publication in which for publication or presentation so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to preserve continue to maintain such other Party’s Confidential Information in accordance with the requirements of this Agreement or to not jeopardize the patentability of any Patent Rights results or Know-How belonging in whole or in part to the non-publishing Party. data. (b) If the non-publishing Publishing Party informs notifies the publishing Publishing Party that such Publicationpublication or presentation, in the non-publishing Publishing Party’s reasonable judgment, could be expected to have a material adverse effect on any patentable (i) discloses an invention owned by or licensed, in whole or in part, to for which the non-publishing Publishing Party (other than pursuant desires to a license granted under this Agreement)seek patent protection, or on (ii) contains any Know-How which is Confidential Information of the non-publishing Publishing Party, or could be expected to have an adverse effect on the commercial value of any Confidential Information disclosed by the non-Publishing Party to the Publishing Party, the publishing Publishing Party shall delete such Confidential Information from the proposed publication or presentation and shall further delay such publication or prevent such Publication as follows: (i) with respect to presentation for a patentable invention, such Publication shall be delayed sufficiently long (not to exceed sixty (60) days) period reasonably sufficient to permit the timely preparation and filing of a patent application; and application(s) on any invention disclosed in such publication or presentation (ii) with respect to Know-How which is Confidential Information but no more than [**] days from the date of such the non-publishing Publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practices’s notice thereof).

Appears in 2 contracts

Samples: Commercialization Agreement (uniQure B.V.), Commercialization Agreement (uniQure B.V.)

Publications. Each (a) Notwithstanding Section 8.3 and Section 8.4, a Party and its Affiliates shall have (the right “Publishing Party”) which is, or whose Affiliate is, seeking to make disclosures pertaining publish or publicly present scientific or technical data, results or other information with respect to a Licensed Antibody or Collaboration Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party shall provide the non-publishing other Party with an advance a copy of the any proposed Publication, and the other Party shall then have publication or presentation at least [**] days (or at least [**] days in the case of abstracts or oral public presentations) prior to submission of any Publication in which for publication or presentation so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to preserve continue to maintain such other Party’s Confidential Information in accordance with the requirements of this Agreement or to not jeopardize the patentability of any Patent Rights results or Know-How belonging in whole or in part to the non-publishing Party. data. (b) If the non-publishing Publishing Party informs notifies the publishing Publishing Party that such Publicationpublication or presentation, in the non-publishing Publishing Party’s reasonable judgment, could be expected to have a material adverse effect on any patentable (i) discloses an invention owned by or licensed, in whole or in part, to for which the non-publishing Publishing Party (other than pursuant desires to a license granted under this Agreement)seek patent protection, or on (ii) contains any Know-How which is Confidential Information of the non-publishing Publishing Party, or could be expected to have an adverse effect on the commercial value of any Confidential Information disclosed by the non-Publishing Party to the Publishing Party, the publishing Publishing Party shall delete such Confidential Information from the proposed publication or presentation and shall further delay such publication or prevent such Publication as follows: (i) with respect to presentation for a patentable invention, such Publication shall be delayed sufficiently long (not to exceed sixty (60) days) period reasonably sufficient to permit the timely preparation and filing of a patent application; and application(s) on any invention disclosed in such publication or presentation (ii) with respect to Know-How which is Confidential Information but no more than [**] days from the date of such the non-publishing Publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practices’s notice thereof).

Appears in 1 contract

Samples: Collaboration and License Agreement (Eleven Biotherapeutics, Inc.)

Publications. Each Party Any studies and its Affiliates results thereof related to the Compound or Licensed Products shall have the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent be published and/or disclosed solely after compliance with the Publication plan approved by terms of this Section 13.8.1. A Party that wishes to publish or present any studies or results thereof related to the JSC and with Compound or the prior approval of the JSC, in accordance with the following procedure: The publishing Party Licensed Products (“Publishing Party”) shall provide the non-publishing other Party with a copy of any proposed publication or presentation at least *** (***) days (or at least *** days in the case of oral presentations) prior to submission for publication so as to provide such other Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. If The incorporation of such recommended changes shall not be unreasonably refused or delayed; and if such other Party notifies (“Notice”) the non-publishing Publishing Party informs in writing, within *** (***) days after receipt of the publishing Party copy of the proposed publication or presentation (or at least *** (***) days in the case of oral presentations), that such Publicationpublication or presentation in its reasonable judgment (i) contains an invention, in solely or jointly conceived and/or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (ii) reasonably could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) on such invention, and in no event less than *** (ii***) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted days from the Publication. Notwithstanding date of the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesNotice.

Appears in 1 contract

Samples: Development and License Agreement (Biocryst Pharmaceuticals Inc)

Publications. Each (a) Notwithstanding Section 10.3 and Section 10.4, a Party and its (the “Publishing Party”) which is, or whose Affiliates shall have is, seeking to publish or publicly present scientific or technical data, results or other information with respect to the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party shall provide the non-publishing other Party and the JCC with a copy of any proposed publication or presentation at least [†] days (or at least [†] days in the case of abstracts or oral public presentations) prior to submission for publication or presentation so as to provide such other Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which opportunity to recommend any changes it reasonably believes are necessary to preserve continue to maintain such other Party’s Confidential Information in accordance with the requirements of this Agreement or to not jeopardize the patentability of any Patent Rights results or Know-How belonging in whole or in part to the non-publishing Party. data. (b) If the non-publishing Publishing Party informs notifies the publishing Publishing Party that such Publicationpublication or presentation, in the non-publishing Publishing Party’s reasonable judgment, could be expected to have a material adverse effect on any patentable (i) discloses an invention owned by or licensed, in whole or in part, to for which the non-publishing Publishing Party (other than pursuant desires to a license granted under this Agreement)seek patent protection, or on (ii) contains any Know-How which is Confidential Information of the non-publishing Publishing Party, or could be expected to have an adverse effect on the commercial value of any Confidential Information disclosed by the non-Publishing Party to the Publishing Party, the publishing Publishing Party shall delete such Confidential Information from the proposed publication or presentation and shall further delay such publication or prevent such Publication as follows: (i) with respect to presentation for a patentable invention, such Publication shall be delayed sufficiently long (not to exceed sixty (60) days) period reasonably sufficient to permit the timely preparation and filing of a patent application; and application(s) on any invention disclosed in such publication or presentation (ii) with respect to Know-How which is Confidential Information but no more than [†] days from the date of such the non-publishing Publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practices’s notice thereof).

Appears in 1 contract

Samples: Sublicense and Research Agreement (Xenon Pharmaceuticals Inc.)

Publications. Each During the Term of this Agreement, the following restrictions shall apply with respect to disclosure by any Party and its Affiliates shall have of Confidential Information relating to DNA Plasmids, Adjuvants (to the right to make disclosures pertaining extent specific to a Licensed Antibody Product), Products, and Delivery Devices (to the extent specific to a Product) in any publication or Product presentation: (a) Both Parties acknowledge that it is their policy for the studies and results thereof to Third Parties in Publications, consistent with the Publication plan approved by the JSC be registered and with the prior approval of the JSC, published in accordance with the following procedure: The publishing their internal guidelines. (b) A Party (“Publishing Party”) shall provide the non-publishing other Party with a copy of any proposed publication or presentation at least [XXXXXXX] (or at least [XXXXXXX]) prior to submission for publication so as to provide such other Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. The incorporation of such recommended changes shall not be unreasonably refused; and If such other Party notifies (“Publishing Notice”) the non-publishing Publishing Party informs in writing, within thirty (30) days after receipt of the publishing Party copy of the proposed publication or presentation (or at least twenty (20) days in the case of oral presentations), that such Publication, publication or presentation in the non-publishing Party’s its reasonable judgment (a) contains an invention, solely or jointly conceived and/or reduced to practice by the other Party, for which the other Party reasonably desires to obtain patent protection or (b) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; and (iiapplication(s) with respect to Know-How which is Confidential Information of on such non-publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesinvention.

Appears in 1 contract

Samples: Collaboration and License Agreement

Publications. Each During the Term of this Agreement, the following restrictions shall apply with respect to disclosure by any Party and its Affiliates shall have of Confidential Information relating to DNA Plasmids, Adjuvants (to the right to make disclosures pertaining extent specific to a Licensed Antibody Product), Products, and Delivery Devices (to the extent specific to a Product) in any publication or Product presentation: (a) Both Parties acknowledge that it is their policy for the studies and results thereof to Third Parties in Publications, consistent with the Publication plan approved by the JSC be registered and with the prior approval of the JSC, published in accordance with the following procedure: The publishing their internal guidelines. (b) A Party (“Publishing Party”) shall provide the non-publishing other Party with a copy of any proposed publication or presentation at least [XXXXXXX] (or at least [XXXXXXX]) prior to submission for publication so as to provide such other Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. The incorporation of such recommended changes shall not be unreasonably refused; and If such other Party notifies (“Publishing Notice”) the non-publishing Publishing Party informs in writing, within thirty (30) days after receipt of the publishing Party copy of the proposed publication or presentation (or at least twenty (20) days in the case of oral presentations), that such Publicationpublication or presentation in its reasonable judgment (a) contains an invention, in solely or jointly conceived and/or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (b) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; and (iiapplication(s) with respect to Know-How which is Confidential Information of on such non-publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesinvention.

Appears in 1 contract

Samples: Dna Cancer Vaccine Collaboration and License Agreement (Inovio Pharmaceuticals, Inc.)

Publications. Each A Party and its Affiliates shall have (the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party “Publishing Party”) shall provide the non-publishing other Party with an advance a copy of the any proposed Publication, and the other Party shall then have publication or presentation at least [**] days (or at least [**] days in the case of abstracts or oral presentations) prior to submission of any Publication in which for publication by the Publishing Party or its Affiliates so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. If The incorporation of such recommended changes shall not be unreasonably refused; and if such other Party notifies the non-publishing Publishing Party informs in writing, within [**] days after receipt of the publishing Party copy of the proposed publication or presentation (or at least [**] days in the case of oral presentations), that such Publicationpublication or presentation in its reasonable judgment (a) contains an invention, in solely or jointly conceived or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (b) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) on such invention, and (ii) with respect to Knowin no event less than [**] days from the date of notice from the non-How which is Publishing Party. In the case of Confidential Information, any of the non-Publishing Party’s Confidential Information of such non-publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesrequested.

Appears in 1 contract

Samples: Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)

Publications. Each Publications of such data and results in peer-reviewed journals (“Publications”) shall be made only pursuant to this Section 13.5(c). The Party and proposing a Publication shall provide the other Party the opportunity to review the proposed Publication at least [*] days prior to the earlier of its Affiliates shall have intended submission for publication. If the right other Party offers no comments on the Publication, the submitting Party may submit the Publication [*] days after it provided the Publication to make disclosures pertaining to a Licensed Antibody the reviewing Party (or Product to Third Parties in Publicationsearlier, consistent with the Publication plan approved by the JSC and with the prior approval written consent of the JSCreviewing Party). The submitting Party shall consider the comments of the reviewing Party in good faith. If the Parties are unable to agree upon any aspect of the Publication, including its form, content, timing (including with respect to additional time required for seeking patent protection for inventions disclosed in the Publication), or proposed medium of publication, either Party may refer the dispute to the JMAC, which shall resolve the dispute in accordance with Section 2.5(d) in the following procedure: best interests of the Development and Commercialization of the Collaboration Molecules and the Products and in a manner designed to the extent possible to enable each Party to comply with its publication policies. The publishing submitting Party shall provide the non-publishing other Party with an advance a copy of the proposed Publication, and Publication at the other Party shall then have [**] prior to submission of any Publication in which to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part to the non-publishing Party. If the non-publishing Party informs the publishing Party that such Publication, in the non-publishing Party’s reasonable judgment, could be expected to have a material adverse effect on any patentable invention owned by or licensed, in whole or in part, to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information time of the non-publishing Party, the publishing Party shall delay or prevent such Publication as follows: (i) with respect to a patentable invention, such Publication shall be delayed sufficiently long (not to exceed sixty (60) days) to permit the timely preparation and filing of a patent application; and (ii) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted from the Publicationsubmission. Notwithstanding the foregoing, a the JMAC shall not have the right to authorize the publication of either Party’s Confidential Information without such Party’s consent, except that this restriction shall not restrict the JMAC from authorizing any publication of any Clinical Trial results. Each Party shall be permitted agrees to disclose acknowledge the contributions of the other Party, and the employees of the other Party, in all publications as scientifically appropriate. [*] = Certain confidential information on sites such contained in this document, marked by brackets, has been omitted and filed separately with the securities and exchange commission pursuant to rule 24b-2 of the securities exchange act of 1934, as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesamended.

Appears in 1 contract

Samples: Collaboration Agreement (Medivation, Inc.)

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Publications. Each During the Agreement Term, the following provisions shall apply with respect to the disclosure in scientific journals, publications or scientific presentations by any Party and its Affiliates shall have the right relating to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval any scientific work performed as part of the JSC, in accordance with Research Collaboration: (a) A Party (the following procedure: The publishing Party "Publishing Party") shall provide the non-publishing other Party with an advance a copy of any proposed publication relating to the proposed Publication, and work performed and/or the other Party shall then have [**] results achieved in the conduct of the Collaboration at least forty-five (45) days prior to submission of any Publication in which for publication so as to provide such other Party an opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How the Confidential Information belonging in whole or in part to such other Party, and the nonincorporation of such recommended changes shall not be unreasonably refused; (b) If such other Party in writing notifies ("Notice") the Publishing Party, within forty-publishing Party. If five (45) days of receipt of the non-publishing Party informs copy of the publishing Party proposed publication, that such Publication, publication in [*] CONFIDENTIAL TREATMENT IS REQUESTED its reasonable judgment (i) contains an Invention for which the non-publishing Party’s reasonable judgment, other Party reasonably desires patent protection or (ii) disclosure to competitors could be expected to have a material adverse effect on the commercial value of any patentable invention owned by or licensed, in whole or in part, to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing PartyInformation, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of Inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) or application(s) on the Invention, and in no event less than ninety (ii90) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted days from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesdate of Notice.

Appears in 1 contract

Samples: Collaboration and License Agreement (Memory Pharmaceuticals Corp)

Publications. Each 17.4.1 During the Term of this Agreement, the following restrictions shall apply with respect to disclosure by a Party and its Affiliates shall have the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, other Party’s Confidential Information relating to the Product in any publication or presentation: (a) A Party ("Publishing Party") shall provide the other Party with a copy of any proposed publication or presentation that contains such other Party’s Confidential Information at least [*****] ([*****]) days (or at least [*****] days in the case of oral presentations or conference abstracts) prior to submission for publication so as to provide such other Party with an opportunity to [*****] any changes [*****] are necessary to continue to maintain the confidentiality of such other Party’s Confidential Information in accordance with the following procedure: The publishing Party shall provide the non-publishing Party requirements of this Agreement. [*****] Certain portions denoted with an advance asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The incorporation of such recommended changes shall not be [*****] refused by such Publishing Party; and if such other Party notifies ("Publishing Notice") the Publishing Party in writing, within [*****] ([*****]) days after receipt of the copy of the proposed Publicationpublication or presentation (or at least [*****] ([*****]) days in the case of oral presentations), and that such publication or presentation in its [*****] judgment (i) contains an invention, solely or jointly conceived and/or reduced to practice by the other Party, for which the other Party shall then have [*****] prior desires to submission of any Publication in which to recommend any changes it reasonably believes are necessary to preserve any Patent Rights obtain patent protection or Know-How belonging in whole or in part to the non-publishing Party. If the non-publishing Party informs the publishing Party that such Publication, in the non-publishing Party’s reasonable judgment, could be expected (ii) [*****] to have a material adverse [*****] effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable invention[*****] period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period [*****] to permit the timely preparation and filing of a patent application; application(s) on such invention, and in no event less than [*****] (ii[*****]) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted days from the Publication. Notwithstanding date of the foregoingPublishing Notice. (b) Until the occurrence of the Roche Reversion, a Party Dermira shall be permitted not make any public disclosure of any data or information specifically directed to disclose the Compound in the Roche Retained Field until Roche provides its written consent, [*****]. 17.4.2 Roche shall not make any public disclosure of any data or information on sites such as xxxxxxxxxxxxxx.xxx specifically directed to the Compound, alone or in comparison with another compound, outside the Roche Retained Rights in Section 2.5, other than the research or human clinical trials for which Dermira has provided written consent in accordance with the terms of Section 2.5.1, or outside the Roche Retained Field until Dermira provides its normal business practiceswritten consent, [*****]. For clarity, subject to Section 17.4.2(a), no such written consent shall be required for any public disclosure of data or information in the Roche Retained Rights in Section 2.5, other than the research or human clinical trials for which Dermira has provided written consent in accordance with the terms of Section 2.5.1 or in the Roche Retained Field.

Appears in 1 contract

Samples: License Agreement (Dermira, Inc.)

Publications. Each During the Improvement Term, each Party and its Affiliates shall have the right will submit to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party shall provide the non-publishing Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior for review and approval all proposed academic, scientific and medical publications and public presentations relating to submission the DexCom Field, the Ambulatory (Non-Surgical) Field or the Xxxxxxx Field, for review in connection with the preservation of any Publication in which to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part and/or to the non-publishing Party. If the non-publishing Party informs the publishing Party that determine whether any of such Publication, in the non-publishing other Party’s reasonable judgment, could Confidential Information should be expected to have a material adverse effect on any patentable invention owned by modified or licensed, in whole or in part, deleted. Written copies of such proposed publications and presentations shall be submitted to the non-publishing Party no later than thirty (other than pursuant to a license granted under this Agreement), 30) days before submission for publication or on any Know-How which is Confidential Information of presentation and the non-publishing Party, the publishing Party shall delay or prevent such Publication as follows: (i) provide its comments with respect to a patentable inventionsuch publications and presentations within fifteen (15) business days of its receipt of such written copy. The review period may be extended for an additional thirty (30) days in the event the non-publishing Party can demonstrate reasonable need for such extension, such Publication shall be delayed sufficiently long (including, but not to exceed sixty (60) days) to permit limited to, the timely preparation and filing of a patent application; applications. By mutual agreement, this period may be further extended. In the event of an anticipated disclosure or on sale bar within three (3) days or due to some other exigent circumstance, and (ii) with respect there is insufficient time for the affected Party to Know-How which is Confidential Information of adequately review and/or comment on such non-publishing Partyanticipated disclosure or prevent such bar date, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a other Party shall be permitted required to disclose information on sites file a provisional application in order to preserve the subject invention and the other Party’s Confidential Information. Upon the filing of such as xxxxxxxxxxxxxx.xxx provisional application, such application shall be promptly provide to the other Party for its review in accordance with its normal business practicesthis Section 9.3.2. Xxxxxxx and DexCom will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publications relating to the DexCom Field, the Ambulatory (Non-Surgical) Field or the Xxxxxxx Field.

Appears in 1 contract

Samples: Collaboration Agreement (Dexcom Inc)

Publications. Each Party and its Affiliates shall have During the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in PublicationsAgreement Term, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedurerestrictions shall apply with respect to disclosure by any Party of Confidential Information relating to the Compound and Products in any publication or presentation: The publishing A Party (“Publishing Party”) shall provide the non-publishing other Party with a copy of any proposed publication or presentation at least [####] (or at least [####]in the case of oral presentations) prior to submission for publication so as to provide such other Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. If The incorporation of such recommended changes shall not be unreasonably refused; and if such other Party notifies (“Publishing Notice”) the non-publishing Publishing Party informs in writing, within [####] days after receipt of the publishing Party copy of the proposed publication or presentation (or at least [####]) days in the case of oral presentations), that such Publicationpublication or presentation in its reasonable judgment (i) contains an invention, in solely or jointly conceived and/or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (ii) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) on such invention, and (ii) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted in no event less than [####] from the Publication. Notwithstanding date of the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesPublishing Notice.

Appears in 1 contract

Samples: License Agreement (Centessa Pharmaceuticals LTD)

Publications. Each A Party and its Affiliates shall have (the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party “Publishing Party”) shall provide the non-publishing other Party with an advance a copy of the any proposed Publication, and the other Party shall then have publication or presentation at least [**] days (or at least [**] days in the case of abstracts or oral presentations) prior to submission of any Publication in which for publication by the Publishing Party or its Affiliates so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part continue to maintain the Confidential Information disclosed by the other Party to the non-publishing PartyPublishing Party in accordance with the requirements of this Agreement. If The incorporation of such recommended changes shall not be unreasonably refused; and if such other Party notifies the non-publishing Publishing Party informs in writing, within [**] days after receipt of the publishing Party copy of the proposed publication or presentation (or at least [**] days in the case of oral presentations), that such Publicationpublication or presentation in its reasonable judgment (a) contains an invention, in solely or jointly conceived or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (b) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Publishing Party, the Publishing Party (other than shall [**] = Portions of this exhibit have been omitted pursuant to a license granted under confidential treatment request. An unredacted version of this Agreement), or on any Know-How which is Confidential Information of exhibit has been filed separately with the non-publishing Party, the publishing Party shall delay or Commission. prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreeable period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) on such invention, and (ii) with respect to Knowin no event less than [**] days from the date of notice from the non-How which is Publishing Party. In the case of Confidential Information, any of the non-Publishing Party’s Confidential Information of such non-publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesrequested.

Appears in 1 contract

Samples: Collaboration Agreement (Arrowhead Research Corp)

Publications. Each Party Notwithstanding Clause 12.2, both Parties recognise that the publication or disclosure of scientific papers, presentations, abstracts or any other written or oral presentations regarding results of and its Affiliates shall have other information regarding the right Products may be beneficial to make disclosures pertaining both Parties, provided that such publications or presentations are subject to a Licensed Antibody or Product reasonable controls to Third Parties in Publicationsprotect Confidential Information, consistent with the Publication plan approved by the JSC patentability of inventions and with the prior approval of the JSCother commercial considerations. Accordingly, in accordance with the following procedure: shall apply: 12.3.1 Any proposed paper, presentation, or other public disclosure regarding any Product or Research Program (“Publication”) by either Party (“Publishing Party”) shall be provided to the other Party (“Non-Publishing Party”) for review. The publishing Non-Publishing Party shall provide the non-publishing Party with an advance copy review such proposed Publication within twenty (20) calendar days of receipt and may comment on and/or object to any content of the proposed Publication. 12.3.2 The Parties shall work together to resolve any comments and objections of the Non-Publishing Party on a timely basis and neither Party shall unreasonably withhold its consent to any proposed Publication, save that (a) a Non-Publishing Party may request deletion of any of its Confidential Information from any such proposed Publication, and the other (b) upon a Non-Publishing Party shall then have [**] prior to submission of any Publication in which to recommend any changes it reasonably believes are necessary to preserve any Patent Rights or Know-How belonging in whole or in part to the non-publishing Party. If the non-publishing Party informs the publishing Party that such Publication, in the non-publishing Party’s reasonable judgment, could be expected to have a material adverse effect on any patentable invention owned by or licensed, in whole or in part, to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Partyrequest, the publishing Publishing Party shall delay or prevent such proposed Publication as follows: (i) with respect to a patentable invention, such Publication shall be delayed sufficiently long (not to exceed for maximum of sixty (60) days) days to permit the timely preparation and filing such Non-Publishing Party to obtain patent protection for any of a patent application; and (ii) with respect to Know-How which is its Confidential Information of such non-publishing Party, such Know-How shall be deleted from the Publication. Notwithstanding the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesInformation. 12.3.3 [***].

Appears in 1 contract

Samples: Collaboration Agreement (Adaptimmune Therapeutics PLC)

Publications. Each During the Term, the disclosure by either Party and its Affiliates relating to any Compound or Licensed Product in any publication or presentation shall have the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, be in accordance with the following procedure: The publishing procedure set forth in this Section 8.6. A Party (“Publishing Party”) shall provide the non-publishing other Party with an advance a copy of the any proposed Publication, and the other Party shall then have publication or presentation at least [***] prior to submission of any Publication in which for publication so as to provide such other Party with an opportunity to recommend any changes to the Publishing Party that it reasonably believes are necessary to preserve any Patent Rights continue to maintain such Party’s Confidential Information in accordance with the requirements of this Agreement. The incorporation of such recommended changes shall not be unreasonably refused; and if such other Party notifies (“Publishing Notice”) the Publishing Party in writing, within [***] after receipt of the copy of the proposed publication or Know-How belonging in whole or in part to the non-publishing Party. If the non-publishing Party informs the publishing Party presentation, that such Publicationpublication or presentation in its reasonable judgment (a) contains an Invention, in solely or jointly conceived or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (b) could be expected to have a material adverse effect on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable inventionmutually agreed period of time. In the case of Inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period reasonably sufficient to permit the timely preparation and filing of a patent application; application(s) on such Invention, and (ii) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted in no event less than [***] from the Publication. Notwithstanding date of the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesPublishing Notice.

Appears in 1 contract

Samples: Collaboration and License Agreement (Ionis Pharmaceuticals Inc)

Publications. Each During the Term of this Agreement, each Party and its Affiliates shall have the right to make disclosures pertaining to a Licensed Antibody or Product to Third Parties in Publications, consistent with the Publication plan approved by the JSC and with the prior approval of the JSC, in accordance with the following procedure: The publishing Party (“Publishing Party”) shall provide the non-publishing other Party with a copy of any proposed publication or presentation that contains such other Party’s Confidential Information at least [*****] days (or at least [*****] days in the case of oral presentations or conference abstracts) prior to submission for publication so as to provide such other Party with an advance copy of the proposed Publication, and the other Party shall then have [**] prior to submission of any Publication in which opportunity to recommend any changes it reasonably [*****] believes are necessary to preserve any Patent Rights continue to maintain the confidentiality of such other Party’s Confidential Information in accordance with the requirements of this Agreement. The incorporation of such recommended changes shall [*****] by such Publishing Party; and if such other Party notifies (“Publishing Notice”) the Publishing Party in writing, within [*****] days after receipt of the copy of the proposed publication or Know-How belonging presentation (or at least [*****] days in whole or in part to the non-publishing Party. If the non-publishing Party informs the publishing Party case of oral presentations), that such Publicationpublication or presentation in its [*****] judgment (i) contains an invention, in solely or jointly conceived and/or reduced to practice by the non-publishing other Party’s reasonable judgment, for which the other Party reasonably desires to obtain patent protection or (ii) could be expected to have a material adverse effect [*****] on the commercial value of any patentable invention owned Confidential Information disclosed by or licensed, in whole or in part, the other Party to the non-publishing Party (other than pursuant to a license granted under this Agreement), or on any Know-How which is Confidential Information of the non-publishing Publishing Party, the publishing Publishing Party shall delay or prevent such Publication as follows: (i) with respect to publication or delay such publication for a patentable invention[*****] period of time. In the case of inventions, such Publication a delay shall be delayed sufficiently long (not to exceed sixty (60) days) for a period [*****] to permit the timely preparation and filing of a patent application; application(s) on such invention, and (ii) with respect to Know-How which is Confidential Information of such non-publishing Party, such Know-How shall be deleted in no event less than [*****] days from the Publication. Notwithstanding date of the foregoing, a Party shall be permitted to disclose information on sites such as xxxxxxxxxxxxxx.xxx in accordance with its normal business practicesPublishing Notice.

Appears in 1 contract

Samples: Option and License Agreement (Dermira, Inc.)

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