Publications. Neither Party or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so.
Appears in 4 contracts
Samples: Product Development and Commercialization Agreement, Product Development and Commercialization Agreement (ChemoCentryx, Inc.), Product Development and Commercialization Agreement (ChemoCentryx, Inc.)
Publications. Neither Party Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party:
(a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its Affiliates discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or publicly otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and
(b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the results Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the research Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or development activities conducted under in a form or manner that materially alters the Research Program subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or under presentation any Early Development Program, paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soGenentech.
Appears in 4 contracts
Samples: Option, License, and Collaboration Agreement, Option, License, and Collaboration Agreement (Arvinas Holding Company, LLC), Option, License, and Collaboration Agreement (Arvinas Holding Company, LLC)
Publications. Neither Party Pfizer shall not submit for publication or its Affiliates shall presentation, or publish or publicly disclose present, any academic, scientific or medical publication or presentation disclosing the results Licensed Know-How (to the extent such Licensed Know-How is still Pfizer’s Confidential Information) without Iterum’s prior written consent, such consent not to be unreasonably withheld or delayed. During the Term, Iterum shall submit to Pfizer for review any proposed academic, scientific or medical publication or public presentation that contains Pfizer’s Confidential Information. Such review will be conducted for the purposes of any preserving the value of the research and/or development activities conducted under the Research Program or under Licensed Technology and determining whether any Early Development Program, without the prior written consent portion of the other Partyproposed publication or presentation containing Pfizer’s Confidential Information should be modified or deleted. Pfizer shall have the right to approve such proposed publications if such Pfizer’s Confidential Information relates to [ * ], except that after such [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the end Securities and Exchange Commission pursuant to Rule 406 of the Research TermSecurities Act of 1933, as amended. approval not to be unreasonably withheld or delayed. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to Pfizer no later than [ * ] before submission for publication or presentation (the foregoing “Review Period”). Pfizer shall not apply provide its comments with respect to ChemoCentryx such publications and presentations within [ * ] of its receipt of such written copy. The Review Period may be extended for results that do not relate to any Collaboration Compoundsan additional [ * ] in the event Pfizer can, or to GSK for results that relate directly to any within [ * ] of receipt of the Product Candidates or Licensed Productswritten copy, demonstrate reasonable need for such extension including for the preparation and filing of patent applications. The Parties recognize that it may be useful or required to publish or publicly disclose the results Iterum will comply with standard academic practice regarding authorship of development work on Licensed Productsscientific publications and recognition of contribution of other parties in any publication governed by this Section 14.3, including International Committee of Medical Journal Editors standards regarding authorship and GSK (and its Affiliates and Sublicensees) contributions. For clarity, Iterum shall be free to publish and present all Developed IP generated by or publicly disclose such resultson behalf of Iterum or its Affiliates or Partners under this Agreement without Pfizer’s review or approval (unless this Agreement has been terminated in any country or countries by Pfizer pursuant to Section 13.2 or by Iterum pursuant to Section 13.4, subject to the in which case Iterum shall obtain Pfizer’s prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in written consent before such publication or presentation which it believes is patentable or according to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under procedures set forth in this Section 9.6 to the extent that GSK 14.3 for publication or ChemoCentryx (as the case may be) has the right to do sopresentation of Pfizer Confidential Information).
Appears in 3 contracts
Samples: License Agreement (Iterum Therapeutics LTD), License Agreement (Iterum Therapeutics LTD), License Agreement
Publications. Neither Except as provided in this Agreement, neither Party or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Programthis Agreement, without the prior written consent of the other Party, except that after the end expiration of the Research Termall Options, the foregoing shall not apply to ChemoCentryx Anacor for results that do not relate to any Collaboration Anacor Development Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed ProductsGSK Development Compounds. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) only shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx Anacor for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx Anacor at GSK’s 's earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx Anacor shall respond in writing promptly and in no event later than thirty (30) days [***] after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryxAnacor) by the relevant publication deadline, with either approval of comments on the proposed material material, which GSK will consider in good faith but have no obligation to accept, or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalprotection. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx Anacor is given a reasonable period of time (not to exceed sixty (60) days[***]) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch First Commercial Sale of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx Anacor (as the case may be) has the right to do so.
Appears in 3 contracts
Samples: Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc), Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc), Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc)
Publications. (a) Neither Party or its Affiliates shall publish or publicly disclose present the results of any of the research and/or development activities conducted under the Research Program or under development studies carried out on any Early Development ProgramCompound or Back-Up Compound until after completion of Phase I clinical development with respect thereto. Subject to the foregoing and the restrictions provided below, without either Party may publish or present the prior written consent of the other Party, except that after the end results of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work studies carried out by it on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such resultsDevelopment Compound, subject to the prior review by ChemoCentryx the other Party for patentability and protection of its such other Party’s Confidential Information. GSK Each Party shall provide to ChemoCentryx at GSK’s earliest practical the other Party the opportunity to review any proposed abstracts, manuscripts or summaries of presentations which cover the results of the Research or of pre-Phase III clinical development of any Licensed Product, such Development Compound. Each party shall designate a person who shall be responsible for review and comment as to matters relating to its patents and Confidential Informationapproving such publications. ChemoCentryx Such designated person shall respond in writing promptly and in no event later than thirty sixty (3060) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, material with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK the submitting Party agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx the other Party is given a reasonable period of time (not to exceed sixty ninety (6090) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 9.2(a) shall cease to apply with respect to any Licensed Product Development Compound upon the commercial launch of a Licensed Product containing such Licensed ProductDevelopment Compound as an active ingredient. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 9.2(a) to the extent that GSK APSA or ChemoCentryx Targacept (as the case may be) has the right to do so.
(b) Each Party also agrees to delete from any such proposed publication any Confidential Information of the other Party upon its reasonable request.
(c) In any publication permitted under this Section 9.2, each Party shall acknowledge its collaboration with the other Party under this Agreement.
Appears in 3 contracts
Samples: Collaborative Research and License Agreement (Targacept Inc), Collaborative Research and License Agreement (Targacept Inc), Collaborative Research and License Agreement (Targacept Inc)
Publications. Neither Party (a) Prior to public disclosure or its Affiliates shall publish submission for publication of a proposed academic, scientific or publicly disclose other publication or presentation that contains or references the results of any scientific or clinical activity relating to any Development Program or Collaboration Product, or any Patents or Know-How related thereto, the Party disclosing or submitting such proposed publication (“Submitting Party”) shall send the other party (“Responding Party”) by expedited delivery a copy of the research proposed publication to be submitted and shall allow the Responding Party a reasonable time period (but no less than forty-five (45) days from the date of confirmed receipt) in which to determine whether the proposed publication contains subject matter for which patent protection should be sought (prior to publication of such proposed publication) for the purpose of protecting an invention and/or development activities conducted under whether the Research Program or under any Early Development Program, without proposed publication contains the prior written consent Confidential Information of the other Responding Party. Following the expiration of the forty-five (45) day review period, the Submitting Party shall be free to submit such proposed publication for publication and publish or otherwise disclose to the public such scientific or clinical results, subject to the procedures set forth in Section 14.3(b).
(b) If the Responding Party believes that the subject matter of the proposed publication contains Confidential Information or a patentable invention of the Responding Party, except that after then prior to the end expiration of the Research Termapplicable time period for review, the foregoing Responding Party shall not apply to ChemoCentryx notify the Submitting Party in writing of its determination that such proposed publication contains such information or subject matter for results that do not relate to any Collaboration Compoundswhich patent protection should be sought. On receipt of such written notice from the Responding Party, the Submitting Party shall delay public disclosure of such information or to GSK for results that relate directly to any submission of the Product Candidates or Licensed Productsproposed publication for an additional period of ninety (90) days to permit preparation and filing of a patent application on the disclosed subject matter. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) Submitting Party shall thereafter be free to publish or publicly disclose such resultsinformation, subject to except that the prior review by ChemoCentryx for patentability and protection of its Submitting Party may not disclose any Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt Information of the proposed material, or within such reasonably shorter period as is required (Responding Party in violation of Sections 14.1 and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so14.2 hereof.
Appears in 3 contracts
Samples: Collaboration Agreement (Protein Design Labs Inc/De), Collaboration Agreement (Facet Biotech Corp), Collaboration Agreement (Biotech Spinco, Inc.)
Publications. Neither Party INS recognizes that the publication of papers by ViroPharma regarding results of and other information regarding activities under this Agreement, including oral presentations and abstracts, may be beneficial to both Parties, provided such publications are subject to reasonable controls to protect Confidential Information and avoid loss of potentially patentable rights in Improvements. In particular, it is the intent of the Parties to maintain the confidentiality of any Confidential Information included in any Patent application until such Patent application has been filed. Accordingly, INS shall have the right to review and approve any paper proposed for publication by ViroPharma, including any oral presentation or abstract, which includes INS’s Confidential Information. Before any such paper is submitted for publication or an oral presentation is made, ViroPharma shall deliver a complete copy of the paper or materials for oral presentation to INS at least thirty (30) days prior to submitting the paper to a publisher or making the presentation. INS shall review any such paper and give its Affiliates comments to ViroPharma within twenty (20) days of the delivery of such paper to the other Party. With respect to oral presentation materials and abstracts, INS shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to ViroPharma with appropriate comments, if any, but in no event later than twenty (20) days from the date of delivery to INS. Failure to respond within such twenty (20) days shall be deemed approval to publish or publicly disclose present. If approval is not given or deemed given, ViroPharma may refer the results Dispute in accordance with Section 13.7 for resolution. Notwithstanding the foregoing, ViroPharma shall comply with INS’s reasonable request to delete references to INS’s Confidential Information in any such paper and shall withhold publication of any such paper or any presentation of same for an additional sixty (60) days in order to permit the Parties to obtain patent protection if either Party deems it necessary. Any publication shall include recognition of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent contributions of the other Party, except that after and the end contributions of Xxxxxx Chain to the Research TermDevelopment of Licensed Products, according to standard practice for assigning scientific credit, either through authorship or acknowledgement, as may be appropriate. For the foregoing avoidance of doubt, INS shall not apply publish any paper, including any oral presentation or abstract, which contains Clinical Data or pertains to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish Clinical trials or publicly disclose such results, subject other studies relating to the prior review by ChemoCentryx for patentability Licensed Products and protection of its or the INS Technology or includes other Information generated under this Agreement or which includes ViroPharma’s Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so.
Appears in 3 contracts
Samples: Exclusive License Agreement (Intellect Neurosciences, Inc.), Exclusive License Agreement (Intellect Neurosciences, Inc.), Exclusive License Agreement (Viropharma Inc)
Publications. Neither Party or its Affiliates (a) Novacea shall have no right to publish or otherwise publicly disclose any (i) Project Data or (ii) other data (not previously published or otherwise publicly disclosed) generated prior to the results of any of Effective Date that relates to the research and/or development activities conducted under the Research Program or under any Early Development ProgramLicensed Product, without the prior written consent of the other PartySchering, which may be withheld for any reason, except that, with respect to Project Data or other data that after the end has been previously published or otherwise publicly disclosed, consent will not be unreasonably withheld. Schering shall decide upon any proposed publication of the Research TermProject Data (and, for the foregoing avoidance of doubt, Schering may disclose clinical trial data and other information related to the Licensed Product as it determines, and shall not apply provide notice and a description of the content of such disclosure to ChemoCentryx Novacea at least [*] hours in advance of any such disclosure).
(b) To the extent that any proposed publication or public presentation (including without limitation any abstracts or manuscripts for results that do not relate publication, slides and texts of oral or other public presentations, and texts of any transmission through any electronic media (e.g., any computer access system such as the Internet, World Wide Web etc.) collectively or individually a “Public Presentation”) to be made by Novacea or its Affiliates may contain Confidential Information of Schering, Novacea shall provide to Schering an advance copy of any such proposed publication or presentation prior to its submission or dissemination to any Collaboration Compounds, or Third Party. Schering shall have a period of [*] days to GSK for results that relate directly review and recommend any changes it reasonably believes are necessary to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of protect its Confidential Information. GSK Novacea shall provide remove any Confidential Information of Schering therefrom; other changes recommended by Schering shall not be unreasonably refused. In addition, if such publication could, in Schering’s reasonable judgment, be expected to ChemoCentryx at GSKhave a material adverse effect on the commercial value of Schering’s earliest practical opportunity any proposed abstracts, manuscripts Confidential Information or summaries of presentations which cover on the results of clinical development of any Licensed Product, for review and comment then Schering shall have the right to delay or prevent such publication as proposed by providing written notice to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within that effect during such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal[*] day period. In the event of concern, GSK agrees not to submit case where such publication or to make may disclose any Program IP, any such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials delay shall be subject sufficiently long so as to review under this Section 9.6 to permit the extent that GSK timely preparation and filing of a patent application(s) (or ChemoCentryx (as application(s) for other appropriate forms of protection) on the case may be) has the right to do soConfidential Information involved. [*] = CERTAIN CONFIDENTIAL INFORMATION 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 AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Appears in 2 contracts
Samples: License, Development, and Commercialization Agreement, License Agreement (Novacea Inc)
Publications. Neither Party or its Affiliates shall publish or publicly disclose The Parties recognize the desirability of publishing the results of any of the research and/or development Development activities conducted under the Research Program or under any Early Development Programthis Agreement. Accordingly, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing Licensee shall not apply be permitted to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose in scientific or medical journals, reference publications or scientific or medical presentations the results of development work on Licensed ProductsDevelopment activities under this Agreement in accordance with this Section 6.5. Prior to making any such publication or disclosure, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK Licensee shall provide to ChemoCentryx at GSK’s earliest practical opportunity any MedImmune with drafts of such proposed publication or disclosure, including as applicable proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Informationpresentations. ChemoCentryx MedImmune shall respond in writing promptly through its designated representative and in any event no event later than thirty (30) days [***] after receipt of the such proposed material, publication or within presentation or such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadlineor presentation. Licensee agrees to allow a reasonable additional period to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of MedImmune in a manner consistent with Applicable Law and industry practices. In addition, with either approval Licensee shall give due regard to comments furnished by MedImmune and such comments shall not be unreasonably rejected; provided, however, that if any such abstract, manuscript or summary of presentations contains any AstraZeneca Product Reference that (a) is not supported by the approved labeling for the AstraZeneca Product or presents an unbalanced view of the proposed material AstraZeneca Product considering the approved labeling for the AstraZeneca Product as a whole or a specific statement (b) contains projections of concernthe market potential of the AstraZeneca Product, based upon either Licensee shall correct or remove such AstraZeneca Product Reference or such projections, as applicable. Notwithstanding the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concernforegoing, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect subject to any Licensed Product upon the commercial launch copyrights or intellectual property rights of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials Licensee’s publications may include reprints of scientific or medical journal articles or reference publications regarding the AstraZeneca Product that, in each case, follow FDA’s “Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices” guidance. The terms of this Section 6.5 shall be subject applicable to review under this Section 9.6 to the extent that GSK any Sublicensee of Licensee or ChemoCentryx (as the case may be) has the right to do soany of its Affiliates.
Appears in 2 contracts
Samples: License Agreement (PhaseBio Pharmaceuticals Inc), License Agreement (PhaseBio Pharmaceuticals Inc)
Publications. Neither Party 18.1 Any publication of Programme Intellectual Property generated by the ICR will be led by the ICR. Each proposed presentation or its Affiliates shall publish publication containing details of work or publicly disclose the results of any the Programme shall be sent to a reviewer appointed by each the Company, CRT and the ICR at the first meeting of the research and/or development activities conducted under JSC (the Research Program “Reviewers”) for review prior to submission to any Third Party for presentation or under any Early Development Programpublication. Each Party shall have the right to replace its Reviewer upon written notice to the other Parties. The Reviewers shall review each such presentation or publication within [***] of its receipt. Whether or not such presentation or publication is to be permitted, with or without amendments, shall be subject to the prior unanimous, written consent of the other PartyReviewers, except that after taking into account the end patentability of the Research Termproposed subject matter of disclosure and the value of such information as secret and confidential information. Notwithstanding the foregoing or anything to the contrary herein, at the request of the Company, any Confidential Information of Company which is not Programme Intellectual Property generated by or on behalf of the ICR contained within such proposed presentation or publication shall be removed prior to its submission for presentation or publication by the Party submitting such presentation or publication for review. The Reviewers may decide to postpone presentation or publication by up to [***] to allow for the filing of a patent application or the taking of such other measures as the Reviewers deem appropriate to establish and preserve any proprietary rights in the information in the proposed presentation or publication. If the Reviewers disagree whether such publication should be permitted the dispute shall be referred to the JSC and in the event of a continuing dispute, publication shall be permitted no later than [***] following receipt of the proposal by the Reviewers for review, provided that no scientific paper shall be restricted for publication on the basis that it contains information which is also contained in a patent application, the foregoing shall not apply specification of which has been published.
18.2 The Company and CRT acknowledge the importance of publications to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any the academic standing of the Product Candidates or Licensed ProductsICR. The Parties recognize that it may be useful or required Accordingly, each of the Company, CRT and the ICR shall use Commercially Reasonable Efforts to publish or publicly disclose facilitate publication of the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) the Programme. Publications shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt make an appropriate acknowledgment of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval respective contributions of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall which may be subject to review under this Section 9.6 to by co-authorship of the extent that GSK publication as may be scientifically appropriate or ChemoCentryx (customary or as the case may be) has the right to do sootherwise agreed, on a publication by publication basis.
Appears in 2 contracts
Samples: Collaboration and Option Agreement (Monte Rosa Therapeutics, Inc.), Collaboration and Option Agreement (Monte Rosa Therapeutics, Inc.)
Publications. Neither Party or its Affiliates The Parties recognize the desirability of publishing and publicly disclosing the results of clinical trials of pharmaceutical products. Accordingly, subject to coordination through designated representatives of each Party, Processa shall publish or be free to publicly disclose the results of any of the research and/or development activities conducted under the Research Program clinical trials involving Compounds or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx Elion for issues of patentability and protection of its Confidential Information, in a manner consistent with all Laws applicable to Processa and best industry practices. GSK In addition, if Processa intends to publish articles in scientific or medical journals or to make presentations of the results of clinical trials involving Compounds or Products, Processa shall provide to ChemoCentryx Elion through the designated representatives of each Party at GSK’s its earliest practical opportunity with any proposed abstracts, manuscripts or summaries of presentations which that cover the results of clinical development Development of any Licensed Compound or Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx Elion shall respond in writing promptly through its designated representative, and in any event no event later than thirty (30) days after receipt of the such proposed materialpublication or presentation, or within such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadlinepublication. If timely requested by Elion, with either approval of the proposed material or a specific statement of concern, based upon either the need Processa agrees to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given allow a reasonable period of time (not to exceed sixty (60) days) to seek permit filings for patent protection for and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of Elion. In addition, Processa will consider in good faith any material comments furnished by Elion to Processa during such period. Processa shall be responsible to assure that its Affiliates and licensees agree to, and comply with, equivalent undertakings in favor of Elion. Elion and its Affiliates may make any publication or public disclosure of any data concerning the Compounds or Products that existed as of the Effective Date, provided that Elion provides Processa at least thirty (30) days (or such shorter period as may be required by the publication) to review such publication or presentation which it believes is patentable public disclosure, allows a reasonable period (not to exceed sixty (60) days) to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to resolve the reasonable satisfaction of Processa, and reasonably considers any other issues. This Section 9.6 shall cease to apply timely comments provided by Processa with respect to such publication or public disclosure. Elion shall not, and shall cause each of its Affiliates, licensees, and sublicensees not to, make any Licensed Product upon other publications or public disclosures regarding the commercial launch Compounds or Products without Processa’s prior written consent. If Processa consents to Elion making such publications, Elion shall provide Processa a reasonable opportunity to comment on any such publications and such comments shall not be unreasonably rejected. All publications involving Compounds or Products shall include appropriate acknowledgement consistent with standard scientific practice of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries contributions of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 each Party to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soresults being publicly disclosed.
Appears in 2 contracts
Samples: License Agreement (Processa Pharmaceuticals, Inc.), License Agreement (Processa Pharmaceuticals, Inc.)
Publications. Neither The Parties acknowledge that scientific publications and presentations must be strictly monitored to prevent any adverse effect from premature publication or dissemination of results of the activities hereunder. Each Party or its Affiliates (in such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or publicly disclose the present, or permit to be published or presented, any results of any the Development, Manufacture, use or Commercialization of a Licensed Product to the research and/or development activities conducted under extent such results refer to, derive from or otherwise relate to the Research Program or under any Early Development ProgramLicensed Intellectual Property (the “Covered Results”), without the prior written consent review by and approval of the other Party (in such capacity, the “Non-Disclosing Party”), except which approval shall not be unreasonably withheld; provided that after it shall not be deemed unreasonable for ImmunoGen to withhold its consent to any request by CytomX to publish or disseminate Covered Results prior to the end publication or dissemination of such Covered Results by ImmunoGen. The Publishing Party shall submit to the Non-Disclosing Party for review and approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to ImmunoGen only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of CytomX (including, without limitation, any non-public Licensed Intellectual Property). In addition, each Party shall submit to the other Party for review and approval any proposed publication or public presentation relating to data generated under the Research Program. In both instances, such review and approval will be conducted for the purposes of preserving the value of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to Licensed Intellectual Property and determining whether any Collaboration Compounds, or to GSK for results that relate directly to any portion of the Product Candidates proposed publication or Licensed Productspresentation containing the Non-Disclosing Party’s Confidential Information should be modified or deleted. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to the Non-Disclosing Party no later than [***] before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within [***] after its receipt of such written copy, and the Publishing Party shall delete any Confidential Information of the Non-Disclosing Party upon request. The Review Period may be extended for an additional [***] in the event the Non-Disclosing Party can, within [***] of receipt of the written copy, demonstrate reasonable need for such extension, including for the preparation and filing of patent applications. The Parties recognize that it may be useful or required to publish or publicly disclose the results will each comply with standard academic practice regarding authorship of development work on Licensed Products, scientific publications and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review recognition of contribution of other parties in any publication governed by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so6.3.2.
Appears in 2 contracts
Samples: Research Collaboration Agreement (CytomX Therapeutics, Inc.), Research Collaboration Agreement (CytomX Therapeutics, Inc.)
Publications. Neither Party or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development ProgramNotwithstanding Sections 10.1 to 10.4, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The both Parties recognize that it the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Compounds or Immunocore Products may be useful beneficial to both Parties, provided that such publications or required presentations are subject to publish reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party:
(a) With respect to any paper or publicly disclose the results presentation proposed for disclosure by GNE which utilizes information generated by or on behalf of development work on Licensed ProductsGNE, and GSK (and its Affiliates and Sublicensees) so long as such paper or presentation does not contain any Confidential Information of Immunocore, GNE shall be free to make, publish and disclose such papers and presentations at its discretion. For clarity, GNE License Agreement relating to MAGE-A4 and [***] compounds 32 shall not be permitted to publish or publicly otherwise disclose any Confidential Information of Immunocore except as may be expressly permitted pursuant to Section 9.2 or 9.3; and
(b) With respect to any paper or presentation proposed for disclosure by Immunocore which utilizes information generated by or on behalf of Immunocore, so long as such paper or presentation does not contain any Confidential Information of GNE, Immunocore shall be free to make, publish and disclose such resultspapers and presentations at its discretion. For clarity, subject Immunocore shall not be permitted to publish or otherwise disclose any Confidential Information of GNE except as may be expressly permitted pursuant to Section 9.2, 9.3 or 10.5(c);
(c) With respect to any paper or presentation proposed for disclosure by Immunocore which includes Confidential Information of GNE, GNE shall have the right to review and approve any such proposed paper or presentation. Immunocore shall submit to GNE the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [***] prior to the prior review by ChemoCentryx date of submission for patentability and protection publication or the date of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstractspresentation, manuscripts or summaries of presentations which cover the results of clinical development whichever is earlier, of any Licensed Productof such submitted materials. GNE shall review such submitted materials and respond to Immunocore as soon as reasonably possible, but in any case within t[***] for review and comment as to matters relating to its patents and abstracts) of receipt thereof. At the option of GNE, Immunocore shall (a) delete from such proposed publication or presentation any Confidential Information. ChemoCentryx shall respond in writing promptly and Information of GNE and/or (b) delay the date of such submission for publication or the date of such presentation_ for a period of time sufficiently long (but in no event later longer than thirty (30[***]) days after receipt to permit GNE to seek appropriate patent protection. Once a publication has been approved by GNE, Immunocore may make subsequent public disclosure of the proposed material, or within contents of such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by publication without the relevant publication deadline, with either further approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third PartiesGNE; provided, such materials shall be content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do somatter therein.
Appears in 2 contracts
Samples: License Agreement (Immunocore LTD), License Agreement (Immunocore LTD)
Publications. Neither Party Notwithstanding Clauses 17.1 to 17.5, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Research Plan Compounds, Products or New Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party:
17.6.1 With respect to any paper or presentation proposed for disclosure by Lilly which utilizes information generated by or on behalf of Lilly, so long as such paper or presentation does not contain any Confidential Information of Immunocore, Lilly shall be free to make, publish and disclose such papers and presentations at its Affiliates discretion. Lilly shall publish acknowledge Immunocore, as appropriate, in any publication that discloses Lilly’s use of the Products or publicly disclose the results of any of the research and/or development activities conducted under the Research Program Plan or under any Early Co-Development ProgramPlan. For clarity, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing Lilly shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required permitted to publish or publicly otherwise disclose any Confidential Information of Immunocore except as may be expressly permitted pursuant to Clause 16.2 or 16.3; and
17.6.2 With respect to any paper or presentation proposed for disclosure by (i) Lilly, which includes Confidential Information of Immunocore, or (ii) Immunocore, which utilizes information generated by or on behalf of Immunocore relating to any Selected Target, Research Plan Compounds, Products or New Products or any Confidential Information of Lilly, (in each case, the results of development work on Licensed Productsrelevant Party is the “Disclosing Party”), the other Party shall have the right to review and GSK approve any such proposed paper or presentation (and its Affiliates and Sublicensees) the “Non-Disclosing Party”). The Disclosing Party shall be free to publish or publicly disclose such results, subject submit to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any Non-Disclosing Party the proposed publication or presentation (including posters, slides, abstracts, manuscripts manuscripts, marketing materials and written descriptions of oral presentations) at least [***] prior to the date of submission for publication or summaries the date of presentations which cover the results of clinical development presentation, whichever is earlier, of any Licensed Productof such submitted materials. The Non-Disclosing Party may review such submitted materials and respond to the Disclosing Party as soon as reasonably possible, but in any case within [***] for review and comment as to matters relating to its patents and abstracts) of receipt thereof. At the option of the Non-Disclosing Party, the Disclosing Party shall (a) delete from such proposed publication or presentation any Confidential Information. ChemoCentryx shall respond in writing promptly and Information of the Non-Disclosing Party and/or (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event later longer than thirty (30[***]) days after receipt of to permit the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need Non-Disclosing Party to seek appropriate patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soprotection.
Appears in 2 contracts
Samples: Development and License Agreement (Immunocore LTD), Development and License Agreement (Immunocore LTD)
Publications. Neither Party 15.1 So as not to jeopardise any Programme Patent filing or its Affiliates exploitation activity being undertaken, PTC shall publish (and shall procure that any member of the PTC Group or publicly disclose Licencee shall) provide the results Trust with copies of any proposed publication or presentation which relates to a Programme Invention or Programme Intellectual Property in advance of the research and/or development activities conducted under the Research Program submission of such proposed publication or under any Early Development Programpresentation to a journal, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, editor or to GSK for results that relate directly to any of the Product Candidates or Licensed Productspublication. The Parties recognize that it may be useful Trust shall have at least [**] Business Days from and including the date of receipt from PTC of any proposed publication or required presentation to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject object to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters same because there is patentable subject matter relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent Programme Invention that needs protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit because such publication or would materially jeopardise any Exploitation activity. The Trust will not seek to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in withhold consent where such publication or presentation which will not prejudice the protection or Exploitation of the Programme Intellectual Property and/or the Products.
15.2 In the event that the Trust objects to any such publication or presentation on the basis that it believes is would disclose patentable information, PTC shall refrain (and shall procure that members of the PTC Group, any licensees, the Principal Investigator and the Staff also refrain), from making such publication or presentation for a period of [**] days from date of receipt of such objection in order for PTC to resolve any other issues. This Section 9.6 shall cease to apply file the relevant patent application(s) with respect to any Licensed Product upon the commercial launch patentable subject matter contained in the proposed publication or presentation. Following the expiry of such Licensed Product. Furthermore[**] day period or, with respect to if earlier, publication of any proposed abstractspatent filed by PTC, manuscripts or summaries of presentations by investigators or other Third Parties, such materials PTC shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has have the right to do sopublish and reproduce any such publication freely with due acknowledgement of the source.
15.3 A copy of the final manuscript of all research publications that relate to the Programme must be made available from PubMed Central (or UK PubMed Central) as soon as possible and in any event no later than [**] months after publication.
Appears in 2 contracts
Samples: Agreement for the Provision of Funding (PTC Therapeutics, Inc.), Agreement for the Provision of Funding (PTC Therapeutics, Inc.)
Publications. Neither Party (a) Ovid shall have the right to review and comment on any material proposed for disclosure or its Affiliates shall publish or publicly disclose the publication by Licensee regarding results of and other information regarding Licensee’s Development activities during the Term with respect to the Compound and Product, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication, or presentation of any such material is made, Licensee shall deliver a complete copy of the research and/or development activities conducted under material proposed for disclosure to Ovid at least [***] prior to submitting the Research Program material to a publisher or under initiating any Early Development Programother disclosure, without the prior written consent or as close to these time frames as reasonably possible. Ovid shall review any such material and give its comments to Licensee within [***] of the other Partyreceipt of such material. With respect to oral presentation materials and abstracts, except that after Ovid shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to Licensee with comments, if any. Subject to Section 13.4(b), following the end expiration of the Research Termapplicable time period for review, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) Licensee shall be free to publish submit such proposed manuscript for publication or publicly disclose such resultspresentation materials for public disclosure, subject and does not need to the prior review by ChemoCentryx follow this process for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts subsequent publications or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or same data.
(b) If Ovid notifies Licensee within such reasonably shorter the applicable time period as is required (and promptly communicated by GSK to ChemoCentryxset forth in Section 13.4(a) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit that such publication or presentation, in Ovid’s reasonable judgment:
(i) contains an invention for which Ovid desires to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek obtain patent protection for any material in protection, Licensee shall delay such publication or presentation which it believes is patentable for a period of up to [***] (or such other time period agreed by the Parties in writing) to resolve permit the preparation and filing of a patent application for such invention, or
(ii) contains any other issues. This Section 9.6 shall cease Confidential Information of Ovid, or could be expected to apply with respect to any Licensed Product upon have an adverse effect on the commercial launch value of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so.Confidential Information disclosed by
Appears in 2 contracts
Samples: Collaboration and License Agreement (Ovid Therapeutics Inc.), Collaboration and License Agreement (Ovid Therapeutics Inc.)
Publications. Neither Party or its Affiliates The Parties recognize the desirability of publishing and publicly disclosing the results of Clinical Trials of pharmaceutical products. Accordingly, subject to coordination through designated representatives of each Party, Processa shall publish or be free to publicly disclose the results of any of the research and/or development activities conducted under the Research Program Clinical Trials involving Compounds or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx Ocuphire for issues of patentability and protection of its Confidential Information, in a manner consistent with all Laws applicable to Processa and best industry practices. GSK In addition, if Processa intends to publish articles in scientific or medical journals or to make presentations of the results of Clinical Trials involving Compounds or Products, Processa shall provide Ocuphire through the designated representatives of each Party at its earliest opportunity (but in any event no less than forty-five (45) days prior to ChemoCentryx at GSK’s earliest practical opportunity intended submission or presentation) with any proposed abstracts, manuscripts or summaries of presentations which that cover the results of clinical development Development of any Licensed Compound or Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx Ocuphire shall respond in writing promptly through its designated representative, and in any event no event later than thirty (30) days after receipt of the such proposed materialpublication or presentation, or within such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadlinepublication. If timely requested by Ocuphire, with either approval of the proposed material or a specific statement of concern, based upon either the need Processa agrees to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given allow a reasonable period of time (not to exceed sixty (60) days) to seek permit filings for patent protection for and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of Ocuphire. In addition, Processa will consider in good faith any material comments furnished by Ocuphire to Processa during such period. Processa shall be responsible to assure that its Affiliates and licensees agree to, and comply with, equivalent undertakings in favor of Ocuphire. Ocuphire and its Affiliates may make any publication or public disclosure of any data concerning the Compounds or Products that existed as of the Effective Date, provided that Ocuphire provides Processa at least thirty (30) days (or such shorter period as may be required by the publication) to review such publication or presentation which it believes is patentable public disclosure, allows a reasonable period (not to exceed sixty (60) days) to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to resolve the reasonable satisfaction of Processa, and reasonably considers any other issues. This Section 9.6 shall cease to apply timely comments provided by Processa with respect to such publication or public disclosure. Ocuphire shall not, and shall cause each of its Affiliates, licensees, and sublicensees not to, make any Licensed Product upon other publications or public disclosures regarding the commercial launch Compounds or Products without Processa’s prior written consent. If Processa consents to Ocuphire making such publications, Ocuphire shall provide Processa a reasonable opportunity to comment on any such publications and such comments shall not be unreasonably rejected. All publications involving Compounds or Products shall include appropriate acknowledgement consistent with standard scientific practice of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries contributions of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 each Party to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soresults being publicly disclosed.
Appears in 2 contracts
Samples: License Agreement (Ocuphire Pharma, Inc.), License Agreement (Processa Pharmaceuticals, Inc.)
Publications. Neither Party Each Party, through the JSC or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK designee shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstractsthe other, manuscripts or summaries of presentations which cover the results of clinical development prior to submission for publication, a draft of any Licensed Product, for review articles and comment as to matters papers containing unpublished data relating to the Licensed Compounds or Licensed Products which have been prepared by or on behalf of such Party (the “Scientific Paper”). With respect to Scientific Papers prepared by Xxxxx, Indivior shall have forty-five (45) days after receipt thereof to notify Aelis of its patents observations and Confidential Informationsuggestions with respect thereto (it being understood that, during such forty- five (45) day period, no submission for publication thereof shall take place) and the Parties shall discuss these observations and suggestions. ChemoCentryx With respect to Scientific Papers prepared by Xxxxxxxx, Aelis shall respond in writing promptly and in no event later than have thirty (30) days after receipt thereof to notify Indivior of its observations and suggestions with respect thereto (it being understood that, during such thirty (30) day period, no submission for publication thereof shall take place) and the proposed materialParties shall discuss these observations and suggestions.
10.3.1 With respect to publications of Scientific Papers during the License Option Period, Aelis shall reasonably incorporate the comments made by Indivior, particularly if disclosure may be prejudicial to Indivior’s opportunity to obtain, maintain, enforce or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by defend any Patent. Without limiting the relevant foregoing, Indivior may require that the publication deadline, with either approval of the proposed material or be suspended for a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time not exceeding ninety (90) days if a Patent may be filed using Know-How covered in the proposed publication. Aelis shall provide to Indivior copies of any final Scientific Paper accepted by the journal, within ten (10) days after the approval thereof (upon availability and distribution of such information assuming that providing such information is acceptable taking into consideration the publishers’ need to comply with any healthcare compliance guidelines). This provision will apply mutatis mutandis to the presentations, abstracts, posters or slides decks at symposia or other meetings of healthcare professionals, or congresses, conferences or meetings organized by a professional society or organization, except if these presentations abstracts, posters or slide decks incorporate data that have been approved in the context of a Scientific Paper or that have been already presented before the exercise of the License Option.
10.3.2 With respect to publications of Scientific Papers during the License Term, Aelis shall incorporate the comments made by Indivior, particularly if disclosure may be prejudicial to Indivior’s opportunity to obtain, maintain, enforce or defend any Patent, and Indivior shall incorporate reasonable comments made by Xxxxx. Without limiting the foregoing, Indivior may also require that the publication be (a) suspended for a period of time not to exceed sixty exceeding ninety (6090) daysdays if a Patent may be filed using Know- How covered in the proposed publication or (b) to seek patent protection for any material in delayed indefinitely if Indivior reasonably determines that such publication would be detrimental to its patent prosecution, litigation, or presentation which it believes other intellectual property strategy or position.
10.3.3 The party submitting the paper shall provide to the other party copies of any final Scientific Paper accepted by the journal, within ten (10) days after the approval thereof (upon availability and distribution of such information assuming that providing such information is patentable or acceptable taking into consideration the publishers’ need to resolve comply with any other issueshealthcare compliance guidelines). This Section 9.6 shall cease provision will apply mutatis mutandis to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermorepresentations, with respect to any proposed abstracts, manuscripts posters or summaries of presentations by investigators slides desks at symposia or other Third Partiesmeetings of healthcare professionals, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do socongresses, conferences or meetings organized by a professional society or organization.
Appears in 2 contracts
Samples: License Agreement (Indivior PLC), License Agreement (Indivior PLC)
Publications. Neither Party or nor its Affiliates shall publish or publicly disclose the results of any of the research Research and/or development Development activities conducted by either Party under the Research Program or under any Early Development Program, this Agreement without the prior written consent of the other PartyJSC, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, as expressly permitted in this Section 9.5 or to GSK for results that relate directly to any of the Product Candidates or Licensed Productsotherwise in this Agreement. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development Research and Development work on Licensed ProductsPrograms, and GSK each Party (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx the JSC for patentability and protection of its Confidential InformationInformation as described in this Section 9.5. For PROSENSA, the publication right conveyed by the preceding sentence shall apply solely to Compounds prior to the exercise of an Option by GSK to the relevant PROSENSA Collaboration Program, if approved by JSC, such approval not to be unreasonably withheld or delayed. The Party that desires to publish results hereunder shall provide to ChemoCentryx at GSK’s earliest practical opportunity any the JSC and JPS a copy of such proposed abstractsabstract, manuscripts manuscript, or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating presentation no less than * * * * * prior to its patents and Confidential Informationintended submission for publication. ChemoCentryx The JSC shall respond in writing promptly and in no event later than thirty (30) days * * * * * after receipt of the proposed material, with one or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval more of the following: (i) comments on the proposed material or material, which the publishing Party must consider in good faith, (ii) a specific statement of concern, based upon either the need to seek patent protection protection, or concern regarding competitive disadvantage arising from to block publication if the proposalJSC determines that the proposed disclosure is intellectual property that should be maintained as a trade secret to protect a Compound or any Research and/or Development activities conducted under this Agreement, or (iii) an identification of the other Party’s Confidential Information that is contained in the material reviewed. In the event of concernconcern over patent protection or whether maintaining a trade secret would be a priority, GSK the publishing Party agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx the JSC through the JPS is given a reasonable period of time (not such time to exceed sixty (60) days) be no less than * * * * *)to seek patent protection for any material in such publication or presentation which it believes is patentable patentable, or to resolve any other issuesissues or to abandon such proposed publication if the JSC reasonably determines in good faith that maintaining such information as a trade secret is a commercially-reasonable priority. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch Any Confidential Information of such Licensed Productother Party shall be removed. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 9.5 to the extent that GSK or ChemoCentryx PROSENSA (as the case may be) has the right to do so. For clarity, (a) prior to the exercise of the relevant Option to a given PROSENSA Collaboration Program by GSK, any proposed publication by PROSENSA relating to a PROSENSA Collaboration Program or any Compounds shall be subject to review by the JSC in accordance with the terms of this Section 9.5, but after the expiration of the relevant Option without exercise by GSK or after the termination of a Program which then reverts to PROSENSA, PROSENSA shall then be free to publish or publicly disclose any results that relate to any Compounds or PROSENSA Products in such PROSENSA Collaboration Program or PROSENSA Development Program without any review by the JSC under this Section 9.5, unless such proposed disclosure or publication contains any GSK IP, in which case JSC shall have the right to review and approve such disclosure as stated under this Section 9.5 above, and (b) after the exercise by GSK of its Option to a Program, except as required by law or securities regulations, PROSENSA shall not have the right to make any publication relating to such PROSENSA Collaboration Program or any Compounds or GSK Development Compounds or GSK Products without the prior written consent of the JSC, and GSK shall have the right to make any such publication relating to such PROSENSA Collaboration Program or any Compounds or GSK Development Compounds or GSK Products subject to review by the JSC under this Section 9.5. Notwithstanding the above, if PROSENSA seeks to publish a publication regarding the Exon 51 Program, it shall provide GSK with an advance copy of such publication and obtain GSK’s prior consent before publication.
Appears in 2 contracts
Samples: Research and Development Collaboration and License Agreement (Prosensa Holding B.V.), Research and Development Collaboration and License Agreement (Prosensa Holding B.V.)
Publications. Neither Party or its Affiliates shall publish or publicly disclose present the results of any of the research and/or development activities conducted studies carried out under the Research Program or under any Early Development Program, this Agreement without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx opportunity for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Informationthe other Party in accordance with the provisions set forth in this Section 11.2. GSK shall Subject to Section 12.2, each Party agrees to provide the other Party the opportunity to ChemoCentryx at GSK’s earliest practical opportunity review any proposed abstracts, manuscripts or summaries of presentations (including verbal presentations) which cover the results of clinical development of relate to any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty Product at least sixty (3060) days after receipt of the proposed materialprior to their intended submission for publication and agrees, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadlineupon request, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit any such publication abstract or manuscript for publication, or to make such presentation that contains such information presentation, until ChemoCentryx the other Party is given a reasonable period of time (not to exceed sixty (60) days) to seek secure patent protection for any material in such publication or presentation that is owned by the requesting Party (either individually or jointly with the non-requesting Party) and which it the requesting Party believes to be patentable. In the event that the nature of the content of any proposed publication or presentation is patentable such that a Party is entitled to request that submission of such publication or delivery of such presentation be delayed pursuant to resolve the foregoing provisions of this Section 11.2, then both Parties understand that a reasonable commercial strategy may require delay of publication or presentation of * CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED WITH THE COMMISSION information or filing of patent applications. The Parties agree to review and consider delay of publication or presentation and filing of patent applications under certain circumstances. Neither Party shall have the right to publish or present Confidential Information of the other Party, and each Party shall remove the Confidential Information of the other Party from any proposed publication or presentation upon request by such other issuesParty. This Nothing contained in this Section 9.6 11.2 shall cease prohibit the inclusion of information necessary to apply file a patent application with a government authority, except for Confidential Information of the non-filing Party, provided the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application. Notwithstanding the foregoing, the Parties recognize that independent investigators have been engaged, and will be engaged in the future, to conduct clinical trials of Licensed Products. Independent investigators that have been engaged by a Party or both Parties prior to or on the Effective Date may release information regarding such studies in a manner consistent with academic standards within the scope of such investigator’s agreement with the relevant Party. Independent investigators that are engaged by a Party or both Parties after the Effective Date are understood to operate in an academic environment and shall be allowed to release information regarding such studies in a manner consistent with academic standards and within the scope of such investigator’s agreement with the relevant Party. With respect to any agreement entered by either Party with any independent investigator after the Effective Date to conduct clinical trials of Licensed Products, such Party shall use Commercially Reasonable Efforts to include in such agreements provisions that would give such Party the right to limit the publication rights of such independent investigator with respect to any Licensed Product upon the commercial launch results of such Licensed Product. Furthermore, with respect clinical trials to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, the same extent as such materials shall be subject to review Party would have under this Section 9.6 11.2 if such independent investigator were the other Party to this Agreement; provided, however, that in no event shall such Party be required or obligated to make any payment to such independent investigator or incur any financial cost or penalty for the extent that GSK or ChemoCentryx (as benefit of such independent investigator in order to limit the case may be) has publication rights of such independent investigator in the right to do somanner contemplated under this Section 11.2.
Appears in 2 contracts
Samples: License Agreement (Cubist Pharmaceuticals Inc), License Agreement (Cubist Pharmaceuticals Inc)
Publications. Neither Party or its Affiliates 12.1 MD Xxxxxxxx and/or Principal Investigator shall publish or publicly disclose have the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required first right to publish or publicly disclose disclose, either in writing or orally, the Data and results of development work on Licensed Productsthe Study/ies, and GSK provided that MD Xxxxxxxx or Principal Investigator, as applicable, shall provide Company with a copy of any such proposed publication or disclosure at least [***] prior to submission for publication or proposed disclosure. Within such [***] period, Company shall review such proposed publication or disclosure for any Confidential Information of Company provided hereunder or potentially patentable subject matter. MD Xxxxxxxx and/or Principal Investigator shall remove Confidential Information of Company that has been so identified (and its Affiliates and Sublicenseesother than Data or Study results) shall be free , provided that Company agrees to publish or publicly disclose such results, subject to act in good faith when requiring the prior review by ChemoCentryx for patentability and protection deletion of its Company Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of If the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or disclosure could reasonably be deemed to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not have an adverse effect on the ability to exceed sixty (60) days) to seek obtain patent or similar protection for any material in such potentially patentable subject matter, Company may request a delay of the publication or presentation which it believes is patentable disclosure for a period not exceeding [***] in order to permit the filing of a patent application. Notwithstanding the foregoing, Company shall have the right to disclose or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 publish Study Data to the extent that GSK or ChemoCentryx (as the case may be) has the right it is required to do soso under any applicable laws, regulations or rules (including any stock market rules and obligations),
12.2 MD Xxxxxxxx and/or Principal Investigator shall give Company acknowledgment for its sponsorship of a Study in all applicable Study publications. Authorship and acknowledgements for scientific publications shall be consistent with the principles embodied in the International Committee of Medical Journal Editors ("ICMJE") Uniform Requirements for Manuscripts.
12.3 The "sponsor" of a Study, within the regulatory meaning of such term, shall register the Study if required by, and in accordance with, Section 801 of the Food and Drug Administration Amendments Act of 2007 on xxx.xxxxxxxxxxxxxx.xxx and on any other database required by laws or regulations in accordance with applicable standards regarding scope, form and content and in accordance with ICMJE guidelines such that the Study will be eligible for publication in those publications.
Appears in 2 contracts
Samples: Strategic Collaboration Agreement (4D Pharma PLC), Strategic Collaboration Agreement (4D Pharma PLC)
Publications. Neither Party or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development ProgramNotwithstanding Sections 10.1 to 10.5, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The both Parties recognize that it the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Collaboration Molecules, Licensed Products may be useful beneficial to both Parties, provided that such publications or required presentations are subject to publish reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party:
(a) With respect to any paper or publicly disclose the results presentation proposed for disclosure by Licensee which utilizes information generated by or on behalf of development work on Licensed ProductsLicensee, and GSK (and its Affiliates and Sublicensees) so long as such paper or presentation does not contain any Confidential Information of Kineta, Licensee shall be free to make, publish and disclose such papers and presentations at its discretion. Licensee shall acknowledge Kineta, as appropriate, in any publication that discloses Licensee’s use of the Licensed Products or the results thereof. For clarity, Licensee shall not be permitted to publish or publicly otherwise disclose such resultsany Confidential Information of Kineta except as may be expressly permitted pursuant to Section 9.2, subject 9.3 or 10.6(b); and
(b) With respect to any paper or presentation proposed for disclosure by (i) Licensee which includes Confidential Information of Kineta, or (ii) Kineta which utilizes information generated by or on behalf of Kineta relating to the prior Licensed Products, including without limitation any publications containing Confidential Information of Licensee, (in each case, the “Disclosing Party”), the other Party shall have the right to review by ChemoCentryx for patentability and protection of its Confidential Informationapprove any such proposed paper or presentation (the “Non-Disclosing Party”). GSK The Disclosing Party shall provide submit to ChemoCentryx at GSK’s earliest practical opportunity any the Non-Disclosing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts or summaries manuscripts, marketing materials and written descriptions of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than oral presentations) at least thirty (30) calendar days after prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Disclosing Party shall review such submitted materials and respond to the Disclosing Party as soon as reasonably possible, but in any case within twenty (20) calendar days (ten (10) calendar days for abstracts) of receipt thereof. At the option of the Non-Disclosing Party, the Disclosing Party shall (a) delete from such proposed material, publication or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval presentation any Confidential Information of the proposed material or a specific statement Non-Disclosing Party and/or (b) delay the date of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such submission for publication or to make the date of such presentation that contains such information until ChemoCentryx is given for a reasonable period of time sufficiently long (not to exceed but in no event longer than sixty (60) calendar days) to permit the Non-Disclosing Party to seek appropriate patent protection for any material in protection. Once a publication has been approved by the Non-Disclosing Party, the Disclosing Party may make subsequent public disclosure of the contents of such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon without the commercial launch further approval of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Partiesthe Non-Disclosing Party; provided, such materials shall be content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so.matter therein. Kineta-Genentech Exclusive Option and License Agreement
Appears in 2 contracts
Samples: Exclusive Option and License Agreement (Yumanity Therapeutics, Inc.), Exclusive Option and License Agreement (Yumanity Therapeutics, Inc.)
Publications. 14.1 Neither MERCK KGAA nor GENAISSANCE shall disclose to the public or any THIRD PARTY the existence of this AGREEMENT or the terms described herein except with the prior written consent of the other or as required by law. Notwithstanding the foregoing, (a) either PARTY may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements pursuant to applicable laws, regulations and stock exchange rules (e.g., the U.S. Securities and Exchange Commission or any other stock exchange on which securities issued by GENAISSANCE or MERCK KGAA may be issued); provided, that in making such disclosures, each PARTY shall redact the terms of this AGREEMENT to the extent reasonably possible, (b) either Party or its Affiliates shall publish or publicly have the further right to disclose the results material financial terms of this AGREEMENT under confidentiality undertakings to any potential acquirer, merger partner or potential providers of financing and their advisors, and (c) either PARTY shall have the right to disclose information regarding the development or commercialization status of a PRODUCT to the extent such disclosure is customary and material to their current or prospective investors, or required by applicable laws or stock exchange rules. Neither PARTY shall make any other statement to the public regarding the execution and/or any other aspect of the research and/or development activities conducted subject matter of this AGREEMENT, except: (i) where a PARTY reasonably believes disclosure is required under applicable laws or ethical commercial practice, (ii) for customary discussions with current or prospective investors and analysts, and (iii) either PARTY may use the Research Program text of a statement previously approved by the other Party. Genaissance shall make commercially reasonable efforts to coordinate with MERCK KGAA all press releases and announcements that relate to this AGREEMENT or under any Early Development Program, product developed hereunder.
14.2 Neither PARTY shall make any form of scientific publication which discloses Confidential Information of the other PARTY or information to which the other PARTY has an exclusive license without the prior written consent of the other PartyPARTY, but GENAISSANCE acknowledges the interest of MERCK KGAA and the former licensee GSK to publish preclinical scientific data relating to VILAZODONE obtained before the EFFECTIVE DATE which shall be made available to GENAISSANCE reasonably in advance before such publication in which case the written consent of GENAISSANCE shall not be unreasonably withheld or delayed. Following any reversion of rights to MERCK KGAA under Sections 3.6, 3.7 or 4.2 or any termination under Sections 17.1 – 17.3, GENAISSANCE (in the case of any such reversion of rights), the non-terminating party (in the case of a termination under Section 17.1(b)) or both parties (in the case of a termination under Sections 17.1(a), 17.2 or 17.3), shall not make any such publications about a PRODUCT, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK required by law or ChemoCentryx (as a manuscript was submitted for publication prior to the case may be) has the right to do sodate of notice of termination.
Appears in 2 contracts
Samples: License, Development and Cooperation Agreement (Forest Laboratories Inc), License, Development and Cooperation Agreement (Genaissance Pharmaceuticals Inc)
Publications. Neither Party AstraZeneca shall have no right to, and shall ensure its employees and contractors do not, publish or present any data or results regarding Licensed Compounds or Licensed Products generated by or on behalf of Licensee, its Affiliates or Sublicensees. AstraZeneca shall publish or not and shall ensure its employees and contractors do not publicly disclose the results of of, or information regarding, its or any of the research and/or development its Affiliate’s activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates regarding Licensed Compounds or Licensed Products. The Parties recognize Products conducted prior to the Effective Date of this Agreement; provided that it for the period commencing on the Effective Date and continuing for [***] thereafter, notwithstanding the foregoing, AstraZeneca’s employees and contractors may be useful or required to publish or publicly disclose the results of, or information regarding, its or any of development work on its Affiliate’s activities regarding Licensed ProductsCompounds or Licensed Products conducted prior to the Effective Date of this Agreement, subject in each instance to the prior review and GSK (written consent of Licensee, in a manner consistent with Applicable Law and its Affiliates and Sublicensees) industry practices, as provided in this Section 6.5. Licensee shall be free to publish or publicly disclose such resultsthe results of, and information regarding, activities under this Agreement, subject to the prior review by ChemoCentryx AstraZeneca of any disclosure of AstraZeneca’s Confidential Information solely for issues of patentability and protection of its such Confidential Information, in a manner consistent with Applicable Law and industry practices, as provided in this Section 6.5; provided that, notwithstanding the foregoing, upon the expiration of the First Negotiation Period (or, if AstraZeneca exercises its right of first negotiation, the Negotiation Period) and continuing thereafter for the remainder of the Term, Licensee shall be free to publicly disclose the results of, and information regarding, activities under this Agreement without any prior review by AstraZeneca. GSK Accordingly, as required by this Section 6.5, prior to publishing or disclosing any Confidential Information regarding Licensed Compounds or Licensed Products, (i) the Party seeking to publish shall provide to ChemoCentryx at GSK’s earliest practical opportunity any the other Party with drafts of proposed abstracts, manuscripts or summaries of presentations which that cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and such Confidential Information. ChemoCentryx ; (ii) the non-publishing Party shall respond in writing promptly through its designated representative and in any event no event later than thirty (30) days [***] after receipt of the such proposed material, publication or within presentation or such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or presentation; (iii) the publishing Party agrees to make such presentation that contains such information until ChemoCentryx is given allow a reasonable period of time (not to exceed sixty (60) days[***]) to seek permit filings for patent protection for any material in such publication and to otherwise address issues of Confidential Information or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 related competitive harm to the extent that GSK or ChemoCentryx reasonable satisfaction of the other Party; and (as iv) the case may be) has publishing Party shall consider such comments furnished by the right to do sonon-publishing Party in good faith.
Appears in 1 contract
Publications. Neither Party (a) Subject to Mirati’s review and approval as set forth below, BeiGene shall have the right to publish Clinical Data pertaining to the Compound or its Affiliates any Licensed Product and generated by or on behalf of BeiGene in the Licensed Territory pursuant to this Agreement and subject to this Section 11.3(a). Mirati shall publish have the right to review, comment on, and approve any material proposed for disclosure or publicly disclose the publication by BeiGene regarding any such Clinical Data and/or results of any of the research and/or development and other information regarding BeiGene’s Development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject with respect to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts Compound or summaries of presentations which cover the results of clinical development of any Licensed Product, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication or presentation of the same is made, BeiGene shall deliver a complete copy to Mirati at least […***…] days prior to submitting the material to a publisher or initiating any other disclosure. Mirati shall review any such material and comment give its comments to BeiGene within […***…] days of receipt of such material. With respect to oral presentation materials and abstracts, Mirati shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and BeiGene with appropriate comments, if any, but in no event later than thirty (30) […***…] days after receipt of the proposed material, or within from receipt. BeiGene shall comply with Mirati’s request to delete references to its Confidential Information in any such reasonably shorter period as is required (material and promptly communicated by GSK agrees to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such delay any submission for publication or to make such presentation that contains such information until ChemoCentryx is given other public disclosure for a reasonable period of time up to an additional […***…] days for the purpose of preparing and filing appropriate patent applications.
(not b) Subject to exceed sixty (60) days) BeiGene’s review and approval as set forth below, Mirati shall have the right to seek patent protection for any material in such publication publish preclinical data and Clinical Data pertaining to the Compound or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch that is generated by or on behalf of such Licensed Product. Furthermore, with respect BeiGene or any of its Affiliates or Sublicensees pursuant to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be this Agreement and subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has 11.3(b). BeiGene shall have the right to do soreview, comment on, and approve any material proposed for disclosure or publication by Mirati regarding any such preclinical and Clinical Data, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication or 37 *** Confidential Treatment Requested presentation of the same is made, Mirati shall deliver a complete copy to BeiGene at least […***…] days prior to submitting the material to a publisher or initiating any other disclosure. BeiGene shall review any such material and give its comments to Mirati within […***…] days of receipt of such material. With respect to oral presentation materials and abstracts, BeiGene shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to Mirati with appropriate comments, if any, but in no event later than […***…] days from receipt. Mirati shall comply with BeiGene’s request to delete references to its Confidential Information in any such material and agrees to delay any submission for publication or other public disclosure for a period of up to an additional […***…] days for the purpose of preparing and filing appropriate patent applications. In addition, Mirati shall keep BeiGene reasonably informed of any proposed publication of preclinical data and Clinical Data pertaining to the Compound or any Licensed Product and generated by or on behalf of Mirati and allow BeiGene the reasonable opportunity to review and discuss any material proposed for disclosure or publication by Mirati regarding any such preclinical data and Clinical Data, whether by oral presentation, manuscript, or abstract.
Appears in 1 contract
Samples: Collaboration and License Agreement (Mirati Therapeutics, Inc.)
Publications. Neither 18.1 Without prejudice to Articles 18.2 and 18.3 of this Agreement, any publication related to the Project determined by the PEB to be subject to its prior agreement shall be submitted to the Co-ordinator in view of its review by the PEB.
18.2 A Party's publication of Foreground generated by another Party or its Affiliates shall publish or publicly disclose the results of any Background of the research and/or development activities conducted under the Research Program such other Party, even if such Background or under any Early Development ProgramForeground is amalgamated with such Party’s Foreground, without the prior written consent of shall be subject to the other Party’s prior written approval not to be unreasonably withheld. If the other Party opposes the publication, except that after it shall indicate its reasons for doing and request modifications or specific modalities of publication taking into account possible protection of intellectual property rights. In case of disagreement between the end of the Research TermParties concerned regarding a publication, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) case shall be free to publish or publicly disclose such results, subject submitted to the prior review by ChemoCentryx PEB for patentability and protection of its Confidential Information. GSK arbitration, which shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than take a decision within thirty (30) days.
18.3 The foregoing provisions shall also apply to publications for a degree. In this case, approval shall be sought at least ninety (90) calendar days after receipt before the latest date on which, pursuant to the qualification procedures, the contents of the proposed planned publication can be altered. The Parties concerned shall take all necessary measures to ensure the timely submission, examination, and defence of publication for a degree. Nothing in this Agreement shall prevent:
(a) a publication to qualify for a degree if such publication includes only incidental or minor elements of Background or Foreground of another Party, provided always that the intention to publish has been prom ptly notified in writing to the Party concerned,
(b) submission of a publication for a degree for assessement and examination by examiners in accordance with applicable laws and with the required confidentiality obligations to ensure in particular that the protection of Foreground is not compromised.
18.4 All publications related to the Project shall include the following statement "the research results of this Project are co-funded by the European Commission under the FP7 Collaborative Projects Grant Agreement Nr. 261611”. Furthermore such publications shall include directly or via an electronic link the following disclaimer “this document contains material, which is the copyright of certain EMI beneficiaries, and may not be reproduced or within such reasonably shorter period as is required (copied without permission. The information herein does only reflect the views of its authors and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so.not
Appears in 1 contract
Samples: Consortium Agreement
Publications. Neither Party or its Affiliates shall publish or publicly disclose the results of any The Project will form part of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent actual carrying out of a primary charitable purpose of the other PartyUniversity; that is, except that after the end advancement of education through teaching and research. In accordance with normal academic practice, all employees, students, agents or appointees of the Research Term, University (including the foregoing shall not apply to ChemoCentryx for results that do not relate to Student and any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development others who work on Licensed Products, and GSK (and its Affiliates and Sublicenseesthe Project) shall be free permitted, following the procedures laid down in Clause 6.3, to publish Arising Intellectual Property or publicly disclose discuss Arising Intellectual Property in internal seminars, and to give instructions within the University on questions related to such resultswork. All proposed publications (including, subject but not limited to, academic publications, patent applications and non-confidential presentations), shall be submitted in writing to the prior other of the Partner Organisation and the University for review by ChemoCentryx at least thirty (30) days before submission for patentability and protection of its Confidential Informationpublication or before presentation, as the case may be. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover The reviewing Party may require the results of clinical development deletion from the publication of any Licensed ProductBackground Intellectual Property of the reviewing Party, or an amendment to the publication through which commercially sensitive Background Intellectual Property is disguised to the satisfaction of the reviewing Party. The reviewing Party may also request the delay of the publication if in the reviewing Party’s opinion the delay is necessary in order to seek patent or similar protection to Arising Intellectual Property owned by the reviewing Party. Any delay imposed on publication shall not last longer than is reasonably necessary for review the reviewing Party to obtain the required protection; and comment as to matters relating to its patents and Confidential Informationshall not exceed six (6) months from the date of receipt of the proposed publication by the reviewing Party. ChemoCentryx shall respond Notification of the requirement for delay in writing promptly and in no event later than publication must be received by the publishing Party within thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) publication by the relevant reviewing Party, failing which the publishing Party shall be free to assume that the reviewing Party has no objection to the proposed publication. Each Party agrees that any publication deadline, with either approval in an academic journal shall give due acknowledgement to the financial and/or intellectual contribution of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalothers in accordance with standard scientific practice. In the event of concern, GSK agrees Clause 6 does not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as submission of the case may be) has the right to do soThesis, which is governed by Clause 7.
Appears in 1 contract
Samples: Collaborative Agreement
Publications. Neither Party or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK LICENSOR agrees not to submit such publish, present or otherwise disclose any Proprietary Information of LICENSEE. LICENSEE shall be furnished copies of any proposed disclosure, publication or presentation (including any modifications thereof which LICENSEE has not yet reviewed) containing or referring to make any LICENSED TECHNOLOGY or LICENSED PATENT RIGHTS at least [* * *] before submission of such proposed disclosure, publication or presentation. With regard specifically to modification(s) to a disclosure, publication or presentation that contains LICENSEE has already reviewed prior to such information until ChemoCentryx is given modification(s), LICENSOR agrees that any Proprietary Information of LICENSEE which has been identified in writing by LICENSEE shall be deleted from the disclosure, publication or presentation and LICENSOR shall send LICENSEE a reasonable statement verifying that this has been done along with a final copy including the revision. In no event shall LICENSEE’s review of any modification to a disclosure, publication or presentation exceed the original [* * *] review period unless LICENSEE requests delay for patent protection. During its review period(s), LICENSEE shall have the right to review the material for Proprietary Information of LICENSEE and to assess the patentability of any invention described in the material. If LICENSEE decides that a patent application should be filed, the disclosure, publication or presentation shall be delayed an additional [* * *] or a shorter period of time (if LICENSEE consents in writing, whichever is sooner. At LICENSEE’s written request, Proprietary Information of LICENSEE shall be deleted. For the avoidance of doubt, proposed disclosures from LICENSOR to VCU shall be deemed and treated as proposed disclosures for the purposes hereof. Although LICENSEE shall have the option not to exceed sixty (60) days) to seek patent protection for include its name on any material in such publication or presentation, at LICENSEE’s request, any disclosure, publication or presentation which it believes is patentable made by LICENSOR and relating to LICENSED TECHNOLOGY or to resolve any other issues. This Section 9.6 LICENSED PATENT RIGHTS shall cease to apply acknowledge LICENSEE’s contribution thereto in accordance with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do socustomary scientific practice.
Appears in 1 contract
Publications. Neither Party or CytoDyn, in its Affiliates shall sole discretion, may publish or publicly disclose results of all non-clinical studies conducted with respect to any Licensed Product and in its reasonable discretion may publish Clinical Trials conducted with respect to any Licensed Product; provided that the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject CytoDyn’s Phase III Clinical Trial with respect to the prior review by ChemoCentryx Licensed Product in the Initial Indication meets all legal and industry standards for patentability publication, CytoDyn shall publish such results on the xxxxxxxxxxxxxx.xxx website and protection of its Confidential Information. GSK CytoDyn shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development Vyera with notification of any such publications. Should Vyera propose to make any publication relating to the Licensed Product, for CytoDyn shall have the right to review and comment as all proposed publications prior to matters relating submission of such publication. Vyera shall provide CytoDyn with a copy of the applicable proposed abstract, manuscript, or presentation no less than thirty (30) days (fifteen (15) days in the case of abstracts) prior to its patents and Confidential Informationintended submission for publication. ChemoCentryx CytoDyn shall respond in writing promptly and in no event later than thirty (30) days (fifteen (15) days in the case of abstracts) after receipt of the proposed material, material with any concerns regarding patentability or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval protection of the proposed material any Confidential Information or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalother comments that it may have. In the event of concernconcern over patent protection of any intellectual property right, GSK Vyera agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx CytoDyn is given a reasonable period of time (not to exceed time, and in no event more than sixty (60) days) , to seek patent protection in accordance with the terms of this Agreement, for any material in such publication or presentation which it believes is patentable or patentable. Subject to resolve Section 10.3, any Confidential Information shall, if requested by CytoDyn, be removed by Vyera. Vyera will reasonably consider other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations comments made by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soCytoDyn.
Appears in 1 contract
Samples: Commercialization and License Agreement (CytoDyn Inc.)
Publications. Neither Party or its Affiliates shall publish or publicly disclose present the results of any of the research and/or development activities conducted studies carried out under the Research Program or under any Early Development Program, this Agreement without the opportunity for prior written consent of review by the other Party. Subject to Section 13.2, except that after each Party agrees to provide the end of other Party the Research Term, the foregoing shall not apply opportunity to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations (including verbal presentations) which cover the results of clinical development of relate to any Licensed ProductProduct at least [*] prior to their intended submission for publication and agrees, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed materialupon request, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit any such publication abstract or manuscript for publication, or to make such presentation that contains such information presentation, until ChemoCentryx the other Party is given a reasonable period of time (not to exceed sixty (60) days) to seek secure patent protection for any material in such publication or presentation which it believes is patentable to be patentable. Both Parties understand that a reasonable commercial strategy may require delay of publication or to resolve any other issuespresentation of information or filing of patent applications. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject The Parties agree to review and consider delay of publication or presentation and filing of patent applications under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has certain circumstances. The Steering Committee will review such requests and recommend subsequent action. Neither Party shall have the right to do sopublish or present Confidential Information of the other Party, and each Party shall remove the Confidential Information of the other Party from any proposed publication or presentation upon request by such other Party. Nothing contained in this Section 12.2 shall prohibit the inclusion of information necessary to file a patent application with a government authority, except for Confidential Information of the non-filing Party, provided the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application. Notwithstanding the foregoing, the Parties recognize that independent investigators have been engaged, and will be engaged in the future, to conduct clinical trials of Licensed Products. Independent investigators that have been engaged by a Party or both Parties prior to or on the Effective Date may release information regarding such studies in a manner consistent with academic standards within the scope of such investigator's agreement with the relevant Party. Independent investigators that are engaged by a Party or both Parties after the Effective Date are understood to operate in an academic environment and shall be allowed to release information regarding such studies in a manner consistent with academic standards; provided, however, that the Party in privity with such investigators shall discourage such disclosures if detrimental to the collaboration.
Appears in 1 contract
Samples: Marketing, Distribution and Development Agreement (Gilead Sciences Inc)
Publications. Neither During the Term of this Agreement, the following restrictions shall apply with respect to disclosure by any Party of Confidential Information relating to the Product in any publication or presentation:
(a) Both Parties acknowledge that it is their policy for the studies and results thereof to be registered and published in accordance with their internal guidelines. GlycArt, in accordance with its Affiliates internal policies and procedures, shall have the right to publish all studies, clinical trials and results thereof on the clinical trial registries which are maintained by or publicly disclose on behalf of GlycArt. ICT shall not publish any studies, clinical trials or results thereof on its clinical trial registry, provided however, that GlycArt’s clinical trial registry can be accessed via a link from ICT’s clinical trial registry.
(b) A Party (“Publishing Party”) shall provide the results other Party with a copy of any proposed publication or presentation at least thirty (30) days (or at least 10 days in the case of oral presentations) prior to submission for publication so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to continue to maintain the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of Confidential Information disclosed by the other Party, except that after Party to the end Publishing Party in accordance with the requirements of the Research Term, the foregoing this Agreement. The incorporation of such recommended changes shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compoundsbe unreasonably refused; and If such other Party notifies (“Notice”) the Publishing Party in writing, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than within thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval copy of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation (or at least fifteen (15) days in the case of oral presentations), that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation in its reasonable judgment (i) contains an invention, solely or jointly conceived and/or reduced to practice by the other Party, for which it believes is patentable the other Party reasonably desires to obtain patent protection or (ii) could be expected to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon have a material adverse effect on the commercial launch value of any Confidential Information disclosed by the other Party to the Publishing Party, the Publishing Party shall prevent such Licensed Productpublication or delay such publication for a mutually agreeable period of time. FurthermoreIn the case of inventions, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials a delay shall be subject for a period reasonably sufficient to review under this Section 9.6 to permit the extent that GSK or ChemoCentryx timely preparation and filing of a patent application(s) on such invention, and in no event less than ninety (as 90) days from the case may be) has date of the right to do soNotice.
Appears in 1 contract
Samples: License Agreement (ImmunoCellular Therapeutics, Ltd.)
Publications. (a) Neither Party or its Affiliates shall publish or publicly disclose present the results of any of the research and/or development activities conducted under the Research Program with respect to a Collaboration Compound or under any Early Development Programof development studies carried out thereon until after completion of Phase I clinical development with respect thereto. Subject to the foregoing and the restrictions provided below, without either Party may publish or present the prior written consent of the other Party, except that after the end results of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work studies carried out on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such resultsCollaboration Compound, subject to the prior review by ChemoCentryx the other Party for patentability and protection of its Confidential Information. GSK Each Party shall provide to ChemoCentryx at GSK’s earliest practical the other Party the opportunity to review any proposed abstracts, manuscripts or summaries of presentations which cover the results of the Research or of pre-Phase III clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Informationsuch Collaboration Compound. ChemoCentryx Such other Party shall respond in writing promptly and in no event later than thirty sixty (3060) days after its receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, material with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK the submitting Party agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx the other Party is given a reasonable period of time (not to exceed sixty ninety (6090) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 8.3(a) shall cease to apply with respect to any Licensed Product Collaboration Compound upon the commercial launch of a Collaboration Product containing such Licensed ProductCollaboration Compound as an active ingredient.
(b) Each Party also agrees to delete from any such proposed publication any Confidential Information of the other Party upon its reasonable request. FurthermoreNotwithstanding the foregoing, with respect BMS shall not publish any Confidential Information comprising or pertaining to Arris Delta Technology or Delta Compounds without the prior written approval of Arris.
(c) In any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review publication permitted under this Section 9.6 to 8.3, each Party shall acknowledge its collaboration with the extent that GSK or ChemoCentryx (as the case may be) has the right to do soother Party under this Agreement.
Appears in 1 contract
Samples: Collaborative Research and License Agreement (Axys Pharmecueticals Inc)
Publications. Neither Party LICENSOR agrees not to publish, present or its Affiliates otherwise disclose any Proprietary Information of LICENSEE. LICENSEE shall publish or publicly disclose the results be furnished copies of any of the research and/or development activities conducted under the Research Program proposed disclosure, publication or under presentation (including any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall modifications thereof which LICENSEE has not apply to ChemoCentryx for results that do not relate yet reviewed) containing or referring to any Collaboration Compounds, LICENSED TECHNOLOGY or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx LICENSED PATENT RIGHTS at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than least thirty (30) days after receipt before submission of the such proposed materialdisclosure, publication or within presentation. With regard specifically to modification(s) to a disclosure, publication or presentation that LICENSEE has already reviewed prior to such reasonably shorter period as is required (and promptly communicated modification(s), LICENSOR agrees that any Proprietary Information of LICENSEE which has been identified in writing by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising LICENSEE shall be deleted from the proposaldisclosure, publication or presentation and LICENSOR shall send LICENSEE a statement verifying that this has been done along with a final copy including the revision. In the no event shall LICENSEE’s review of concernany modification to a disclosure, GSK agrees not to submit such publication or presentation exceed the original 30 day review period unless LICENSEE requests delay for patent protection. During its review period(s), LICENSEE shall have the right to make such review the material for Proprietary Information of LICENSEE and to assess the patentability of any invention described in the material. If LICENSEE decides that a patent application should be filed, the disclosure, publication or presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed shall be delayed an additional sixty (60) days) days or a shorter period of time if LICENSEE consents in writing, whichever is sooner. At LICENSEE’s written request, Proprietary Information of LICENSEE shall be deleted. For the avoidance of doubt, proposed disclosures from LICENSOR to seek patent protection VCU shall be deemed and treated as proposed disclosures for the purposes hereof. Although LICENSEE shall have the option not to include its name on any material in such publication or presentation, at LICENSEE’s request, any disclosure, publication or presentation which it believes is patentable made by LICENSOR and relating to LICENSED TECHNOLOGY or to resolve any other issues. This Section 9.6 LICENSED PATENT RIGHTS shall cease to apply acknowledge LICENSEE’s contribution thereto in accordance with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do socustomary scientific practice.
Appears in 1 contract
Publications. Neither Aurinia shall prepare, and present to the Local JCCs for joint review and discussion in accordance with Section 3.4, a global publication strategy pursuant to which the Parties may publish Data or other key results achieved in connection with Development of the Compound and Products, with the goal of protecting the Parties’ ability to obtain Patents with respect to such activities, as applicable, and to position the Products for Regulatory Approval and successful Commercialization in the Parties’ respective Territories. Aurinia may update the global publication strategy from time to time and will submit updates and amendments to the global publication strategy to the Local JCCs for joint review and discussion in accordance with Section 3.4. The Parties may publish such Data and other key results consistent with such global publication strategy in accordance with the terms of this Section 13.4. If either Party or its Affiliates shall Representatives wishes to publish or publicly disclose present to any Third Party research results, Data, or other clinical information or key results, in each case related to the results of any Compound or the Products, then such Party will deliver to the other Party a copy of the research and/or development proposed written publication or an outline of an oral presentation as soon as practicable prior to submission for publication or presentation. The reviewing Party will have the right to (i) propose modifications to the publication or presentation for Patent reasons, trade secret reasons, confidentiality reasons, or business reasons, including reasons relating to the pricing or reimbursement of a Product, and the publishing Party shall remove all Confidential Information of the reviewing Party if requested by the reviewing Party, or (ii) request a reasonable delay in publication or presentation in order to protect patentable information. If the reviewing Party requests a delay to protect patentable information, then the publishing Party will delay submission or presentation for a period not to exceed ninety (90) days to enable Patent applications protecting each Party’s rights in such information to be filed in accordance with the terms of this Agreement. If the reviewing Party reasonably requests modifications to the publication or presentation to prevent disclosure of trade secret or proprietary business information, then the publishing Party will edit such publication to prevent the disclosure of such information prior to submission of the publication or presentation. For as long as the JCC remains in place, the JCC shall be responsible for overseeing and facilitating the Parties’ communications and activities conducted with respect to publications and presentations under this Section 13.4. Notwithstanding the Research Program foregoing, except as required by Applicable Law or under a Securities Authority, Otsuka shall not publish, consent to the publication, or disseminate any Early publication regarding the Development Programof the Compound and Products, including publication of data and key results, without the prior written consent of the other PartyAurinia, except that after the end of the Research Term, the foregoing which consent shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sounreasonably withheld.
Appears in 1 contract
Samples: Collaboration and License Agreement (Aurinia Pharmaceuticals Inc.)
Publications. Neither Party 11.3.1 Prior to public disclosure or its Affiliates shall publish or publicly disclose submission for publication of a proposed publication describing the results of any Development activities for the Licensed Product conducted under this Agreement, DS shall provide Kite with a copy of the research and/or development activities conducted under proposed publication and shall allow Kite a reasonable time period (but no less than […***…] from the Research Program date of confirmed receipt) in which to determine whether the proposed publication contains subject matter for which patent protection should be sought (prior to publication of such proposed publication) for the purpose of protecting an invention, or under any Early Development Program, without whether the prior written consent proposed publication contains the Confidential Information of Kite. Following the expiration of the other Partyapplicable time period for review, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) DS shall be free to publish submit such proposed publication for publication or publicly otherwise disclose to the public such scientific or clinical results, subject to the procedures set forth in Section 11.3.2.
11.3.2 If Kite believes that the subject matter of the proposed publication or other disclosure contains Confidential Information of Kite or a patentable Invention, then prior review to the expiration of the applicable time period for review, Kite shall notify DS in writing. Upon receipt of such written notice from Kite, DS shall remove Kite’s Confidential Information from such proposed publication or disclosure, and shall delay public disclosure of such information or submission of the proposed publication for an additional period of […***…] (or such other time period mutually agreed by ChemoCentryx for patentability the Parties in writing) to permit preparation and protection filing of its Confidential Information. GSK shall provide a patent application on the disclosed subject matter.
11.3.3 Prior to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries public disclosure of presentations which cover a publication describing the results of clinical development of any Development activities for any Licensed ProductProduct conducted outside of the Territory, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx Kite shall respond in writing promptly and in no event later than thirty (30) days after receipt provide DS with a copy of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sopublication.
Appears in 1 contract
Samples: Collaboration and License Agreement (Kite Pharma, Inc.)
Publications. Neither Party or The Parties recognize the desirability of publishing and publicly disclosing the results of and information regarding activities under this Agreement. Accordingly, Disc shall be free to publicly disclose the results and information regarding its Affiliates activities under this Agreement, including the Disc Regulatory Results, subject to prior review by Mabwell as provided in Section 8.5(a), and Mabwell shall publish or be free to publicly disclose the results of any of and information regarding its activities under this Agreement, including the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such resultsMabwell Regulatory Results, subject to the prior review by ChemoCentryx for patentability Disc as provided in 8.5(b).
(a) Prior to publishing or disclosing any results of and protection of information regarding its Confidential Information. GSK activities under this Agreement, including the Disc Regulatory Results, Disc shall provide to ChemoCentryx at GSK’s earliest practical opportunity any Mabwell with drafts of proposed abstracts, manuscripts manuscripts, or summaries of presentations which cover the results of clinical development of at least [***] prior to any Licensed Product, for review and comment as to matters relating to its patents and Confidential Informationproposed publication or disclosure date. ChemoCentryx Mabwell shall respond in writing promptly through its designated representative and in any event no event later than thirty (30) days [***] after receipt of the such proposed material, publication or within presentation or such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadlineor presentation. Disc shall remove any Confidential Information of Mabwell identified by Mabwell in such proposed publication or presentation and shall give due regard to comments furnished by Mabwell, with either approval of the proposed material or a specific statement of concern, based upon either the need such comments not to seek patent protection or concern regarding competitive disadvantage arising from the proposalbe unreasonably rejected. In the event of concernaddition, GSK Disc agrees not to submit delay such publication or presentation to make such presentation that contains such information until ChemoCentryx is given allow a reasonable period of time (not to exceed sixty [***]) for Mabwell to file for Patent protection with respect to any patentable information or inventions Controlled by Mabwell and identified by Mabwell in such proposed publication or presentation.
(60b) days) Prior to seek patent protection for publishing or disclosing any material results of and information regarding its activities under this Agreement, including the Mabwell Regulatory Results, Mabwell shall provide Disc with drafts of proposed abstracts, manuscripts, or summaries of presentations at least [***] prior to any proposed publication or disclosure date. Disc shall respond promptly through its designated representative and in any event no later than [***] after receipt of such proposed publication or presentation or such shorter period as may be required by the publication or presentation. Mabwell shall remove any Confidential Information of Disc identified by Disc in such proposed publication or presentation and shall give due regard to comments furnished by Disc, such comments not to be unreasonably rejected. In addition, Mabwell agrees to delay such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease allow a reasonable period (not to apply exceed [***]) for Disc to file for Patent protection with respect to any Licensed Product upon the commercial launch of patentable information or inventions Controlled by Disc and identified by Disc in such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts publication or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sopresentation.
Appears in 1 contract
Publications. Neither The Parties acknowledge that scientific publications and presentations must be strictly monitored to prevent any adverse effect from premature publication or dissemination of results of the activities hereunder. Each Party or its Affiliates (in such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or publicly disclose the present, or permit to be published or presented, any results of any the Development, Manufacture, use or Commercialization of a Licensed Product to the research and/or development activities conducted under extent such results refer to, derive from or otherwise relate to the Research Program or under any Early Development ProgramLicensed Intellectual Property (the “Covered Results”), without the prior written consent review by and approval of the other Party, except that after the end of the Research TermParty (in such capacity, the foregoing “Non-Disclosing Party”), which approval shall not apply be unreasonably withheld; provided that it shall not be deemed unreasonable for ImmunoGen to ChemoCentryx for results that do not relate withhold its consent to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required request by CytomX to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject disseminate Covered Results prior to the prior review publication or dissemination of such Covered Results by ChemoCentryx for patentability and protection of its Confidential InformationImmunoGen. GSK The Publishing Party shall provide submit to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, Non-Disclosing Party for review and comment as approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to matters ImmunoGen only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of CytomX (including, without limitation, any non-public Licensed Intellectual Property). In addition, each Party shall submit to the other Party for review and approval any proposed publication or public presentation relating to its patents data generated under the Research Program. In both instances, such review and approval will be conducted for the purposes of preserving the value of the Licensed Intellectual Property and determining whether any portion of the proposed publication or presentation containing the Non-Disclosing Party’s Confidential InformationInformation should be modified or deleted. ChemoCentryx Written copies of such proposed publication or presentation required to be submitted hereunder shall respond in writing promptly and in be submitted to the Non-Disclosing Party no event later than thirty (30) days before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within fifteen (15) days after its receipt of such written copy, and the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval Publishing Party shall delete any Confidential Information of the proposed material or a specific statement of concern, based Non-Disclosing Party upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalrequest. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed The Review Period may be extended for an additional sixty (60) daysdays in the event the Non-Disclosing Party can, within fifteen (15) to seek days of receipt of the written copy, demonstrate reasonable need for such extension, including for the preparation and filing of patent protection for applications. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations governed by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so6.3.2.
Appears in 1 contract
Samples: Research Collaboration Agreement (CytomX Therapeutics, Inc.)
Publications. Neither Party
15.1 So as not to jeopardise any Programme Patent filing or its Affiliates exploitation activity being undertaken, PTC shall publish (and shall procure that any member of the PTC Group or publicly disclose Licencee shall) provide the results Trust with copies of any proposed publication or presentation which relates to a Programme Invention or Programme Intellectual Property in advance of the research and/or development activities conducted under the Research Program submission of such proposed publication or under any Early Development Programpresentation to a journal, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, editor or to GSK for results that relate directly to any of the Product Candidates or Licensed Productspublication. The Parties recognize that it may be useful Trust shall have at least [**] Business Days from and including the date of receipt from PTC of any proposed publication or required presentation to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject object to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters same because there is patentable subject matter relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent Programme Invention that needs protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit because such publication or would materially jeopardise any Exploitation activity. The Trust will not seek to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in withhold consent where such publication or presentation which will not prejudice the protection or Exploitation of the Programme Intellectual Property and/or the Products.
15.2 In the event that the Trust objects to any such publication or presentation on the basis that it believes is would disclose patentable information, PTC shall refrain (and shall procure that members of the PTC Group, any licensees, the Principal Investigator and the Staff also refrain), from making such publication or presentation for a period of [**] days from date of receipt of such objection in order for PTC to resolve any other issues. This Section 9.6 shall cease to apply file the relevant patent application(s) with respect to any Licensed Product upon the commercial launch patentable subject matter contained in the proposed publication or presentation. Following the expiry of such Licensed Product. Furthermore[**] day period or, with respect to if earlier, publication of any proposed abstractspatent filed by PTC, manuscripts or summaries of presentations by investigators or other Third Parties, such materials PTC shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has have the right to do sopublish and reproduce any such publication freely with due acknowledgement of the source.
15.3 A copy of the final manuscript of all research publications that relate to the Programme must be made available from PubMed Central (or UK PubMed Central) as soon as possible and in any event no later than [**] months after publication.
Appears in 1 contract
Samples: Agreement for the Provision of Funding (PTC Therapeutics, Inc.)
Publications. Neither Party BMS shall have the right to publish manuscripts, abstracts, presentations or its Affiliates other articles in scientific journals or at scientific conferences relating to any Licensed Target, Licensed Compound or Licensed Product without obtaining the prior written consent of Avidity; provided, however, that (a) if a Avidity employee is also named as an author or (b) if such manuscripts, abstracts, presentations or other articles contain information relating to Avidity AOC Platform Technology, then Avidity shall have the right to review and comment upon each such manuscript, abstract, presentation or other article in which and BMS shall consider such comments in good faith. Avidity may not publish manuscripts, abstracts, presentations or publicly disclose the results of other articles in scientific journals or at scientific conferences related to any of the research and/or development activities conducted under the Research Program Licensed Target, Licensed Compound or under any Early Development ProgramLicensed Product, without the prior written consent of BMS. If BMS desires to make a publication pursuant to this Section 8.9 for which Avidity has the other Partyright to comment, except that after the end BMS shall provide a copy of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compoundsproposed publication (including abstracts, or presentation to GSK a journal, editor, meeting, seminar or other third party) to Avidity for results that relate directly at least [***] prior to any submission of such proposed manuscript for publication; the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required object being to publish or publicly disclose prevent either the results endangerment of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to applications for the prior review by ChemoCentryx for patentability and protection of its property rights by premature publications detrimental to their novelty or the disclosure of Confidential Information. GSK shall provide If, during the [***] specified above Avidity notifies BMS that a proposed publication contains patentable subject matter directed to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstractsAvidity Platform Inventions that requires protection, manuscripts or summaries of presentations which cover Avidity may by written notice delay the results of clinical development of any Licensed Product, publication for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) [***] from the date of such written notice to seek appropriate patent protection for any material subject matter in such publication or presentation which that it reasonably believes is patentable or may be patentable. BMS shall delete from the proposed publication prior to resolve any other issues. This Section 9.6 shall cease submission all Confidential Information of Avidity that Avidity identifies in good faith and requests to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sodeleted.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Avidity Biosciences, Inc.)
Publications. Neither Except as provided in this Agreement, neither Party or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Programthis Agreement, without the prior written consent of the other Party, except that after the end expiration of the Research Termall Options, the foregoing shall not apply to ChemoCentryx Anacor for results that do not relate to any Collaboration Anacor Development Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed ProductsGSK Development Compounds. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) only shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx Anacor for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx Anacor at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx Anacor shall respond in writing promptly and in no event later than thirty (30) days [***] after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryxAnacor) by the relevant publication deadline, with either approval of [***] THE SYMBOL [***] IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTION. comments on the proposed material material, which GSK will consider in good faith but have no obligation to accept, or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalprotection. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx Anacor is given a reasonable period of time (not to exceed sixty (60) days[***]) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch First Commercial Sale of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx Anacor (as the case may be) has the right to do so.
Appears in 1 contract
Samples: Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc)
Publications. Neither Party or its Affiliates shall NT Pharma may publish or publicly disclose present data or results relating to Product in scientific journals with primary circulation in the results of any of Territory or at scientific conferences in the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such resultsTerritory, subject to the prior review review, comment and approval by ChemoCentryx for patentability and protection of its Confidential InformationPfenex as set forth in this Section 8.6, such approval not to be unreasonably withheld, delayed or conditioned. GSK NT Pharma shall provide Pfenex with the opportunity to ChemoCentryx at GSK’s earliest practical opportunity review any proposed abstractsabstract, manuscripts manuscript or summaries of presentations presentation which cover the results of clinical development of any Licensed Product, for review and comment as to matters discloses information relating to its patents and Confidential Information. ChemoCentryx shall respond Product by delivering a copy thereof to Pfenex no less than sixty (60) days (for publication in writing promptly and in no event later than scientific journals) or thirty (30) days after (for presentation at scientific conferences) before its intended submission for publication or presentation. Pfenex shall have thirty (30) days (for publication in scientific journals) or ten (10) days (for presentation at scientific conferences) from its receipt of any such abstract, manuscript or presentation in which to notify NT Pharma in writing of its approval or any specific objections to the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposaldisclosure. In the event of concernthat Pfenex objects to the disclosure in writing within such thirty (30) or ten (10) day period, GSK NT Pharma agrees not to submit such the publication or abstract or make the presentation containing the objected-to make such presentation that contains such information until ChemoCentryx is given the Parties have agreed to the content of the proposed disclosure, and if the Parties are unable to agree, the matter shall be referred to the Executive Steering Committee. NT Pharma shall delete from the proposed disclosure any Confidential Information of Pfenex upon the request of Pfenex. NT Pharma shall delay any proposed disclosure to allow Pfenex sufficient time for the drafting and filing of a reasonable period of time (not patent application directed to exceed sixty (60) days) to seek patent protection for any material patentable subject matter identified by Pfenex in such publication proposed disclosure. Once any such abstract or manuscript is accepted for publication, NT Pharma shall provide Pfenex with a copy of the final version of the manuscript or abstract. The Parties further agree that for the presentation at scientific conferences, if the abstract, manuscript or presentation which intended for a forthcoming scientific conference does not go beyond that previously approved by Pfenex, then it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject exempted from further approval by Pfenex as provided under this paragraph. NT Pharma shall not be obligated to review prepare any translations under this Section 9.6 8.6 but shall provide to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soPfenex any translations prepared by NT Pharma.
Appears in 1 contract
Publications. Neither Party or its Affiliates The Parties recognize the desirability of publishing and publicly disclosing the results of, and information regarding, activities under this Agreement. Accordingly, (a) prior to the Option Effective Date, ACI and (b) from and after the Option Effective Date, Takeda, in each case ((a) and (b)), shall publish or be free to publicly disclose the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Productsof, and GSK information regarding, activities under this Agreement, including research, development and commercial information (and its Affiliates and Sublicenseesincluding with respect to regulatory matters) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx the other Party of any disclosure of such Party’s Confidential Information for issues of patentability and protection of its such Confidential Information, in a manner consistent with Applicable Law and industry practices, as provided in this Section 10.8; provided that if Takeda reasonably believes that a publication of ACI could cause competitive harm or have a detrimental effect on the value of the Licensed Compounds or Licensed Products or on the overall Patent portfolio for the Licensed Compounds or Licensed Products, Takeda shall notify ACI of such belief in writing, and such publication shall be subject to Takeda’s prior written consent. GSK Accordingly, prior to publishing or disclosing the other Party’s Confidential Information (or, in the case of ACI, publishing or disclosing information regarding the Licensed Compounds or Licensed Products), the publishing Party shall provide the other Party with drafts of such proposed publications and disclosures at least [***] prior to ChemoCentryx at GSK’s earliest practical opportunity any submission for publication or presentation (except with respect to drafts of proposed abstracts, manuscripts posters or summaries of presentations presentations, which cover the results of clinical development of any Licensed Product, shall be provided at least [***] prior to submission for review and comment as to matters relating to its patents and Confidential Informationpublication or presentation). ChemoCentryx The publishing Party shall respond in writing promptly through its designated representative and in any event no event later than thirty (30) days [***] after the receipt of the such proposed material, publication or within presentation or such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make presentation. If the other Party requests a delay in publication or presentation, the publishing Party shall delay such submission or presentation that contains such information until ChemoCentryx is given for a reasonable period of time (not to exceed sixty (60) days[***]) to seek patent permit filings for Patent protection for and to otherwise address issues of Confidential Information or related competitive harm. For clarity, from and after the Option Effective Date, ACI shall not, and shall cause each of its Affiliates and its and their respective licensors and (sub)licensees not to, make any material in such publication publications or presentation which it believes is patentable public disclosures regarding the Licensed Compounds or to resolve Licensed Products or any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch Confidential Information of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soTakeda without Takeda’s prior written consent.
Appears in 1 contract
Publications. Neither Party (a) Viracta shall have the right to review and comment on any material proposed for disclosure or its Affiliates shall publish or publicly disclose the publication by Salubris regarding results of and other information regarding Salubris’ Development activities during the Term with respect to the Product, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication, or presentation of any such material is made, Salubris shall deliver a complete copy of the research and/or development activities conducted under material proposed for disclosure to Viracta at least [***] for oral presentations or abstracts or [***] for manuscripts prior to submitting the Research Program material to a publisher or under initiating any Early Development Programother disclosure, without or as close to these time frames as reasonably possible. Viracta shall review any such material and give its comments to Salubris within [***] for oral presentations or abstracts or [***] for manuscripts after the prior written consent receipt of such material, provided that Viracta shall make reasonable efforts to review such materials and abstracts and return such items as soon as practicable to Salubris with appropriate comments, if any. Subject to Section 13.4(b), following the expiration of the other Partyapplicable time period for review, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) Salubris shall be free to publish submit such proposed manuscript for publication or publicly disclose such resultspresentation materials for public disclosure, subject and does not need to the prior review by ChemoCentryx follow this process for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts subsequent publications or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, same data or other information.
(b) If Viracta notifies Salubris within such reasonably shorter the applicable time period as is required set forth in subsection (and promptly communicated by GSK to ChemoCentryxa) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit above that such publication or presentation, in Viracta’s reasonable judgment:
(i) contains an invention for which Viracta desires to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek obtain patent protection for any material in protection, Salubris shall delay such publication or presentation which it believes is patentable for a period of up to [***] days (or such other time period agreed by the Parties in writing) to resolve permit the preparation and filing of a patent application for such invention, or
(ii) contains any other issues. This Section 9.6 shall cease Confidential Information of Viracta, or could be expected to apply with respect to any Licensed Product upon have an adverse effect on the commercial launch value of any Confidential Information disclosed by Viracta to Salubris, the Parties shall attempt to agree on revisions to the applicable disclosure so as to preserve both the commercial value of such Licensed Product. FurthermoreConfidential Information and the scientific merit of such disclosure, with respect to any proposed abstracts, manuscripts and no publication or summaries of presentations by investigators or other Third Parties, such materials presentation shall be made by Salubris until the Parties agree on such revisions or the subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do somatter identified by Viracta is removed.
Appears in 1 contract
Samples: Exclusive Collaboration and License Agreement (Sunesis Pharmaceuticals Inc)
Publications. Neither Party 11.3.1 Prior to public disclosure or its Affiliates shall publish or publicly disclose submission for publication of a proposed publication describing the results of any scientific or clinical activity relating to, in the case of Teijin, a Licensed Product, or in the case of Versartis, Joint Development Work, the Japanese Ongoing Studies, or any Development activity under Sections 4.3 or 4.4, the Party disclosing or submitting such proposed publication (the “Submitting Party”) shall send the other party (the “Responding Party”) a copy of the research and/or development activities conducted under proposed publication to be submitted and shall allow the Research Program Responding Party a reasonable time period (but no less than [ * ] days from the date of confirmed receipt) in which to determine whether the proposed publication contains subject matter for which patent protection should be sought (prior to publication of such proposed publication) for the purpose of protecting an invention, or under any Early Development Program, without whether the prior written consent proposed publication contains the Confidential Information of the Responding Party. Following the expiration of the applicable time period for review, the Submitting Party shall be free to submit such proposed publication for publication or otherwise disclose to the public such scientific or clinical results, subject to the procedures set forth in Section 11.3.2.
11.3.2 If the Responding Party believes that the subject matter of the proposed publication or other disclosure contains Confidential Information or a patentable invention of the Responding Party, except that after then prior to the end expiration of the Research Termapplicable time period for review, the foregoing Responding Party shall not apply to ChemoCentryx notify the Submitting Party in writing of its determination that such proposed publication or other disclosure, as applicable, contains such information or subject matter for results that do not relate to any Collaboration Compoundswhich patent protection should be sought. Upon receipt of such written notice from the Responding Party, the Submitting Party shall delay public disclosure of such information or to GSK for results that relate directly to any submission of the Product Candidates proposed publication for an additional period of [ * ] days (or Licensed Productssuch other time period mutually agreed by the Parties in writing) to permit preparation and filing of a patent application on the disclosed subject matter. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) Submitting Party shall thereafter be free to publish or publicly disclose such resultsinformation, subject to except that the prior review by ChemoCentryx for patentability and protection of its Submitting Party may not disclose any Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt Information of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval Responding Party in violation of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so11.1.
Appears in 1 contract
Samples: Exclusive License and Supply Agreement (Versartis, Inc.)
Publications. Neither During the Term, each Party shall submit to the other Party (the “Non-Disclosing Party”) for review and approval any proposed academic, scientific and medical publication or its Affiliates public presentation which contains the Non-Disclosing Party’s Confidential Information. In addition, Company shall publish submit to Pfizer for review and approval any proposed publication or publicly disclose public presentation relating to this Agreement. In both instances, such review and approval will be conducted for the results purposes of any preserving the value of the research and/or development activities conducted under Company Intellectual Property and the Research Program or under rights granted to Pfizer hereunder and determining whether any Early Development Program, without the prior written consent portion of the other proposed publication or presentation containing the Non-Disclosing Party’s Confidential Information should be modified or deleted. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to the Non-Disclosing Party no later than [***] before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within [***] of its receipt of such written copy. The Review Period may be extended for an additional [***] in the event the Non-Disclosing Party can, except that after the end within [***] of receipt of the Research Termwritten copy, demonstrate reasonable need for such extension including for the foregoing preparation and filing of patent applications. Company and Pfizer will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publication governed by this Section 6.5.2, including International Committee of Medical Journal Editors standards regarding authorship and contributions. For the sake of clarity, Pfizer’s obligation to submit any publication to Company for review and approval under this Section 6.5.2 shall not apply to ChemoCentryx for results that do any publication which does not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its contain Company’s Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential InformationCERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soA COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934.
Appears in 1 contract
Samples: License Agreement (Repligen Corp)
Publications. Neither The Parties acknowledge that scientific publications and presentations must be strictly monitored to prevent any adverse effect from premature publication or dissemination of results of the activities hereunder. Each Party or its Affiliates (in such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or publicly disclose the present, or permit to be published or presented, any results of any the Development, Manufacture, use or Commercialization of a Licensed Product to the research and/or development activities conducted under extent such results refer to, derive from or otherwise relate to the Research Program or under any Early Development ProgramLicensed Intellectual Property (the “Covered Results”), without the prior written consent review by and approval of the other Party, except that after the end of the Research TermParty (in such capacity, the foregoing “Non-Disclosing Party”), which approval shall not apply be unreasonably withheld; provided that it shall not be deemed unreasonable for CytomX to ChemoCentryx for results that do not relate withhold its consent to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required request by ImmunoGen to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject disseminate Covered Results prior to the prior review publication or dissemination of such Covered Results by ChemoCentryx for patentability and protection of its Confidential Information. GSK CytomX. The Publishing Party shall provide submit to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, Non-Disclosing Party for review and comment as approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to matters CytomX only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of ImmunoGen (including, without limitation, any non-public Licensed Intellectual Property). In addition, each Party shall submit to the other Party for review and approval any proposed publication or public presentation relating to its patents data generated under the Research Program. In both instances, such review and approval will be conducted for the purposes of preserving the value of the Licensed Intellectual Property and determining whether any portion of the proposed publication or presentation containing the Non-Disclosing Party’s Confidential InformationInformation should be modified or deleted. ChemoCentryx Written copies of such proposed publication or presentation required to be submitted hereunder shall respond in writing promptly and in be submitted to the Non-Disclosing Party no event later than thirty (30) days before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within fifteen (15) days after its receipt of such written copy, and the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval Publishing Party shall delete any Confidential Information of the proposed material or a specific statement of concern, based Non-Disclosing Party upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalrequest. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed The Review Period may be extended for an additional sixty (60) daysdays in the event the Non-Disclosing Party can, within fifteen (15) to seek days of receipt of the written copy, demonstrate reasonable need for such extension, including for the preparation and filing of patent protection for applications. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations governed by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so6.3.2.
Appears in 1 contract
Samples: Research Collaboration Agreement (CytomX Therapeutics, Inc.)
Publications. Neither Subject to the restrictions provided below, the JSC shall determine the publication strategy for the Territory. In the event either Party or its Affiliates shall is permitted by the JSC to publish or publicly disclose present the results of any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work carried out on Licensed ProductsProduct, and GSK (and its Affiliates and Sublicensees) such publication or presentation shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx the other Party for patentability and protection of its such other Party’s Confidential Information. GSK Each Party shall provide to ChemoCentryx at GSK’s earliest practical the other Party the opportunity to review any proposed abstracts, manuscripts or summaries of presentations which that cover the results of clinical development Development of any Licensed the Product, . Each Party shall designate a person or persons who shall be responsible for review and comment as to matters relating to its patents and reviewing such publications. Such designated *Confidential InformationTreatment Requested. ChemoCentryx Omitted portions filed separately with the Commission. person shall respond in writing promptly and in no event later than thirty (30) []* days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, material with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK the submitting Party agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx the other Party is given a reasonable period of time (not to exceed sixty (60) []* days) to seek patent protection for any material in such publication or presentation which that it believes is patentable or to resolve any other issues, and the submitting Party shall remove from such proposed publication any Confidential Information of the other Party as requested by such other Party. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with With respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, including Related Parties such materials shall be subject to review under this Section 9.6 9.5 to the extent that GSK Alnylam or ChemoCentryx (Cubist, as the case may be) , has the right to do so.
Appears in 1 contract
Samples: License and Collaboration Agreement (Cubist Pharmaceuticals Inc)
Publications. Neither Party or its Affiliates PARTY shall publish or publicly disclose present the results of any of the research and/or research, development activities conducted under the Research Program or under any Early Development Program, other information relating to any PRODUCT without securing the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concernDEVELOPMENT COMMITTEE, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concernincluding but not limited to, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply data presented with respect to any Licensed Product upon the commercial launch PRODUCT at key medical meetings, releases developed by either PARTY in conjunction with key medical institutions, and other releases used in support of such Licensed Productbrand positioning and educational campaigns related to any PRODUCT. FurthermoreThe PARTY desiring to publish any abstract, manuscript or presentation with respect to any PRODUCT shall submit such document for review to the DEVELOPMENT COMMITTEE sufficiently in advance of the proposed abstractsdate of submission of the publication so that, manuscripts or summaries of presentations by investigators or other Third Partieswhere reasonable under the circumstances, such materials DEVELOPMENT COMMITTEE has at least forty-five (45) days to review the proposed publication. The DEVELOPMENT COMMITTEE will use its best efforts to expedite the review of any publications that are time sensitive. Either PARTY shall be subject entitled to use the data provided by the other hereunder for the purposes of creating marketing and promotional material for use by XXXXXX in the TERRITORY and by MEDIMMUNE outside of the TERRITORY; provided, however, that, any such material shall be submitted to the DEVELOPMENT COMMITTEE for review under and approval prior to its use or publication. Notwithstanding anything in this Section 9.6 6.10 to the extent contrary, neither PARTY shall be required to seek the approval of the other PARTY for the publication of the results of research, development or any other information relating to any PRODUCTS that GSK has been submitted to any THIRD PARTY for publication on or ChemoCentryx prior to the EFFECTIVE DATE; provided, however, that XXXXXX shall provide MEDIMMUNE with copies of all such publications (as or pending publications) within forty-five (45) days after the case may be) has EFFECTIVE DATE. Both PARTIES shall maintain the right confidentiality of the results and data provided to do sothe other PARTY hereunder in accordance with Section 8.5.
Appears in 1 contract
Publications. Neither Party or its Affiliates shall publish or publicly disclose the results of any of the research and/or development activities conducted under During the Research Program Term, Ligand and Lilly each acknowledge the other party's interest in publishing certain information gathered during the collaboration to obtain recognition within the scientific community and to advance the state of scientific knowledge. Each party also recognizes the mutual interest in obtaining valid patent protection and protecting business interests. The Steering Committee, or under any Early Development Programits designee, without will establish procedures for review of publications that will address the process, timing and criteria for decision while taking into account both Ligand's and Lilly's policies for publication review and approval. The Steering Committee, or its designee (the "Publication Subcommittee"), shall consider each such proposed publication that arises during the Research Program Term by reviewing an advance draft of all written publications and an abstract of all oral presentations, which shall be submitted not later than 45 days prior to the first submission for publication in the case of written consent publications and 45 days prior to submission of the other Party, except that after abstract to the end organizers of the Research Termforum at which the oral presentation is to be made. If, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any within 30 days of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the advance copy of a party's proposed materialwritten publication or abstract of a proposed oral presentation, the Steering Committee or its Publication Subcommittee informs such party that its proposed publication or presentation could be expected to have a material adverse effect on any Ligand Patents, Ligand Technology, Lilly Patents, Lilly Technology, Joint Patents or Joint Technology developed or acquired during the Research Program Term, then such party shall delay such proposed publication or presentation for a period of up to 90 days or, if longer, a commercially reasonable period of time, to enable modifications to the publication or presentation for patent, trade secret, or within commercial reasons or to allow for patent(s) preparation and filing of the information involved, if such reasonably shorter period as is required (and promptly communicated by GSK information pertains to ChemoCentryx) a patentable invention. If any material changes are made to the advance copy prior to publication or presentation, the final version shall be submitted for review by the relevant Steering Committee or the Publication Subcommittee, which shall then have a period of 10 business days to review the final version. If, within 30 days of receipt of an advance copy or within 10 business days of receipt of the final version of a party's proposed publication deadlineor presentation, the Steering Committee or the Publication Subcommittee has failed to act with either respect to such party's proposed publication or presentation, then such proposed publication or presentation shall be regarded as approved by the Steering Committee and may be published or presented. The disclosure of information that has been previously approved or is not Confidential Information shall not require the review and approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review Steering Committee under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so10.5.
Appears in 1 contract
Samples: Collaboration Agreement (Ligand Pharmaceuticals Inc)
Publications. Neither (a) If either Party or its Affiliates shall seeks to publish or publicly disclose any Information relating to the results of any of the research and/or development activities work conducted under this Agreement, which utilizes data generated from the Research Program or under any Early Development Program, without the prior written consent and/or includes Confidential Information of the other Party, except that after Party or relates in any way to an Active Compound (prior to the first anniversary of the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds), or to GSK for results that relate directly to any a Selected Compound or Collaboration Product (after the first anniversary of the Product Candidates end of the Research Term), that Party will provide the other Party the material proposed for disclosure or Licensed Productspublication, such as by oral presentation, manuscript or abstract, and the other Party will have the right to review and comment on all such material. The Parties recognize will reasonably agree on the content of any such publication, except that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) J&J shall be free to publish the results of and/or Information concerning development of a Development Compound in Phase IIb Trials or publicly disclose such results, later stage trials subject to subclause (b) below.
(b) If J&J seeks to publish any Information relating to the results of work conducted under this Agreement concerning development of a Development Compound in Phase IIb Trials or later stage trials or commercialization of a Collaboration Product, which Information or publication includes Confidential Information of Arena, J&J will deliver a complete copy to Arena at least 45 days prior to submitting the material to a publisher or initiating any other disclosure. Arena will review by ChemoCentryx for patentability any such material and protection give its comments to J&J as soon as practicable and will give written notice whether it authorizes the disclosure of its Confidential InformationInformation or requests deletion of Arena Confidential Information and/or other comments regarding the disclosure. GSK shall provide J&J will comply with any request of Arena to ChemoCentryx delete references to Arena’s Confidential Information and will reasonably consider any other comments.
(c) J&J agrees, at GSKArena’s earliest practical opportunity request, to delay any proposed submission for publication or other public disclosure regarding results of work conducted under this Agreement, which utilizes data generated from the Research Program or relates in any way to an Active Compound, a Collaboration Compound or a Collaboration Product, and other information regarding the Research Program, including oral presentations and abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not up to exceed sixty (60) days) to seek an additional 90 days for the purpose of preparing and filing appropriate patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soapplications.
Appears in 1 contract
Samples: Collaboration and License Agreement (Arena Pharmaceuticals Inc)
Publications. Neither Party Verastem shall have the right to publicly present or its Affiliates publish any Clinical Trial data, non-clinical data or any associated results or conclusions generated pursuant to this Agreement (each such presentation or publication, a “Publication”), provided that (a) such Publication shall publish or publicly disclose not include any Confidential Information of Licensee without Licensee’s prior written consent and (b) Verastem shall notify Licensee at least [* * *] days prior to making such Publication and permit Licensee to request a delay in such Publication so that Licensee may file for patent protection as necessary. Licensee shall not have the results of right to issue any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without Publication except with the prior written consent approval of Verastem, such approval not to be unreasonably withheld, conditioned or delayed, and in accordance with Verastem's Global Strategy. If Licensee desires to publicly present or publish a Publication in accordance with the foregoing sentence, then Licensee shall provide Verastem (including the Alliance Manager and all Verastem members of the other PartyJCC) with a copy of such proposed Publication at least [* * *] days prior to the earlier of its presentation or intended submission for publication, except that after or if Licensee has fewer than [* * *] days before submitting such proposed Publication for the end reasons of authors, Licensee shall provide Verastem (including the Alliance Manager and all Verastem members of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any JCC) with a copy of the Product Candidates or Licensed Productssuch proposed Publication as soon as reasonably practicable. The Parties recognize Licensee agrees that it may be useful will not submit or required present any Publication until Verastem has approved such Publication in writing. Licensee shall incorporate any reasonable written comments received from Verastem, including (a) the deletion of any Confidential Information of Verastem that Verastem identifies for deletion in Verastem’s written comments, and (b) the deletion of any Clinical Trial data, results, conclusions or other related information which Verastem determines, in its sole discretion, to conflict with Verastem’s Global Strategy with respect to the Licensed Product. If permitted to publish or publicly disclose present any Publication pursuant to this Section 8.4 Licensee shall provide Verastem a copy of the results Publication at the time of development work on Licensed Productsthe submission for publication or presentation. Licensee agrees to acknowledge the contributions of Verastem, and GSK (the employees of Verastem, in all Publications as scientifically appropriate. Licensee shall require its Affiliates, Sublicensees and its Affiliates Subcontractors to comply with the obligations of this Section 8.4 as if they were Licensee, and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx liable for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sotheir non-compliance.
Appears in 1 contract
Samples: License and Collaboration Agreement (Verastem, Inc.)
Publications. Neither Party Company shall have the right to publicly present or publish information relating to the Compounds or Products, including all Know-How generated by or on behalf of Company hereunder (including from any Clinical Studies conducted by Company) with respect to any Product (each such proposed presentation or publication, a “Company Publication”) in accordance with this Section 8.2. Company shall provide the MRKDG Alliance Manager with a copy of each proposed Company Publication at least [*] prior to the earlier of its Affiliates presentation or intended submission for publication; provided that in the case of abstracts, this period shall publish be at least [*] (such applicable period, the “Review Period”). Company agrees that it will not submit or present any such Company Publication (i) until MRKDG has provided comments in writing or by e-mail or telefax during such Review Period on the material in such Company Publication or (ii) until the applicable Review Period has elapsed without comments from MRKDG, in which case Company may proceed and the Company Publication will be considered approved in its entirety. If Company receives comments from MRKDG during the applicable Review Period, it shall consider the comments of MRKDG in good faith, but will retain the sole authority to submit the manuscript for such Company Publication, provided that Company agrees to (A) delete any Confidential Information of MRKDG that MRKDG identifies for deletion in its comments (except for information has already been publicly disclose disclosed either prior to the results Effective Date or after the Effective Date through no fault of any Company or otherwise not in violation of the research and/or development activities conducted under the Research Program or under any Early Development Programthis Agreement), without the prior written consent and (B) delay such Company Publication for a period of the other Party, except that up to an additional [*] after the end of the Research Term, the foregoing shall not apply applicable Review Period to ChemoCentryx for results that do not relate enable MRKDG to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, draft and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply file Patent Rights with respect to any Licensed Product upon subject matter to be made public in such Company Publication and to which MRKDG has the commercial launch applicable intellectual property rights to file such Patent Rights. MRKDG and MRKDG’s licensees and contractors shall have the right to publish the results of the Existing Clinical Studies; provided, however, that MRKDG shall submit such Licensed Productpublications to Company in advance and shall take into account, or use Commercially Reasonable Efforts to cause its licensee or contractor, as applicable, to take into account, comments made by Company. FurthermoreSubject to the foregoing, with respect to any proposed abstracts, manuscripts MRKDG Know-How that is specific to a Compound or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 Product (to the extent that GSK such MRKDG Know-How has not been previously publicly presented or ChemoCentryx published either (i) prior to the Effective Date or (ii) after the Effective Date in compliance with this Agreement), except as the case may be) has the right required by Applicable Law, MRKDG shall not publicly present or publish such MRKDG Know-How unless such presentation or publication is approved by Company in writing, such approval not to do sobe unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Samples: License Agreement (Day One Biopharmaceuticals Holding Co LLC)
Publications. Neither Party Except with respect to any Clinical Trials or other studies set forth in the Development Plan (including the MARIO Study) and any activity under any commitment or agreement set forth on Schedule 9.2(x), Scynexis shall have the right to make publications regarding any Exploitation of any Compound or any Products conducted by or on behalf of Scynexis (or its Affiliates Affiliates, licensees or sublicensees, as applicable), including publications with respect to any investigator sponsored studies conducted by any Third Party that have been authorized by Xxxxxxxx or any of its Affiliates, in each case, subject to prior review by GSK; provided that (a) Scynexis shall publish submit such publication to GSK at least [***] ([***]) in advance of the intended submission for publication or publicly disclose presentation of such publication for GSK’s review; (b) to the results extent GSK notifies Scynexis of any specific, reasonable objections to such publication, based on concern regarding the specific disclosure of any Confidential Information of GSK (or any of its Affiliates or Sublicensees), as applicable, Scynexis will delete any such Confidential Information and, acting reasonably and in good faith, consider any other such objections, including whether it is necessary or advisable to delete any other information from such proposed publication; and (c) upon GSK’s reasonable request, Scynexis shall delay any such publication or presentation for up to [***] ([***]) as needed to prepare and file any such patent applications to preserve the patentability of any Confidential Information of GSK (or any of its Affiliates or Sublicensees). Once any such publication is accepted for publication, Scynexis shall provide GSK with a copy of the research and/or development activities final version of such publication. Subject to Section 14.7, notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt, GSK shall have the right to make any publications regarding any Exploitation of any Compound or any Product conducted under the Research Program by or under on behalf of GSK (or its Affiliates, licensees or Sublicensees, as applicable) as it chooses, in its sole discretion, including any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate publications relating to any Collaboration Compounds, Clinical Trials or to GSK for results that relate directly to any of other studies set forth in the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose Development Plan (including the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such resultsMARIO Study), subject to the prior review by ChemoCentryx Xxxxxxxx; provided that the rights of GSK and the obligations of Scynexis, in each case, in clauses (a), (b) and (c) shall apply mutatis mutandis, respectively, to Scynexis for patentability such rights and protection of its Confidential Information. to GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, obligations with respect to any proposed abstracts, manuscripts publication by GSK regarding the Exploitation of any Compound or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soany Product.
Appears in 1 contract
Publications. Neither Party or its Affiliates shall publish or publicly University agrees not to disclose the results of Research Results to any of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, third party except that after the end in accordance with this Section 7.2 and Section 4.3 of the Research TermAgreement. University and its employees will be free to publicly disclose (through journals, lectures, or otherwise) the Research Results, provided that the University shall have provided a copy of the proposed disclosure to Company at least ninety (90) days prior to the submission of any written publication or any oral public disclosure (the "Review Period") to allow Company to review and suggest revisions to the disclosure, and to determine whether any Invention or its Confidential Information would be disclosed. If Company reasonably determines that the proposed disclosure would reveal an Invention or Company Confidential Information, then Company shall notify University of such determination and its basis prior to the expiration of the Review 11 158 Period. With respect to disclosure of an Invention, the foregoing University agrees not to submit the written publication or presentation of the oral public disclosure, or otherwise disclose the Research Results in any manner that would compromise Company's ability to obtain valid Patent Rights covering such Invention. University shall not apply disclose Research Results and/or an Invention until one of the following events occurs: (i) Company and University agree that no patentable Invention exists; (ii) University or Company files a patent application claiming the relevant Invention pursuant to ChemoCentryx for results Article 6; or (iii) Company and University, jointly agree upon revisions that do not relate prevent disclosure of any Invention. With respect to disclosure of Company Confidential Information, upon receipt of notice by Company, the University agrees to delete such information from any Collaboration Compoundsproposed disclosure. The foregoing notwithstanding, in the event that Sponsor and/or its sublicensee notifies Principal Investigator and/or University that a proposed publication of Research Results contains information which is of substantial commercial importance to Sponsor and/or its sublicensee, Principal Investigator and University shall delay the proposed publication, or any other form of public disclosure of such information by Principal Investigator and/or University, for a period not to GSK for results that relate directly to any exceed eighteen (18) months from the filing date of the Product Candidates first patent application covering the information contained in the proposed publication. In the event that Principal Investigator and/or Institution notifies Sponsor of evidence that an independent third party is preparing to publish, or Licensed Productsotherwise publicly disclose, essentially the same information as that contained in a proposed publication by Principal Investigator and/or University which has been delayed by Sponsor, Sponsor will seriously consider a request by Principal Investigator and/or University to allow such delayed publication to occur on an expedited bases, provided that absent written approval from Sponsor no such expedited publication shall occur. The Parties recognize that it may be useful or required to publish or publicly disclose For the results avoidance of development work on Licensed Productsdoubt, and GSK (and its Affiliates and Sublicensees) shall the Principal Investigator and/or University will be free to publish or publicly disclose such results, on the samples and data collected and generated outside this Agreement under MRC funding according to MRC policy. Such publication shall not be subject to the prior review by ChemoCentryx for patentability and protection terms of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soagreement.
Appears in 1 contract
Samples: Collaboration and License Agreement (Genome Therapeutics Corp)
Publications. Neither Party or its Affiliates shall publish or publicly disclose Dong-A may develop policies and procedures (the “Publication Policies”) for any publication with respect to the results of any Clinical Trials for a Licensed Product in the applicable Field in the Territory, including disclosure applicable to clinical trial registries, which policies and procedures shall be consistent with the Dong-A’s own policies and procedures for publication and disclosure of the research and/or development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on human clinical trials consistently applied. All abstracts, manuscripts and presentations (including information to be presented verbally) that disclose results of Clinical Trials for a Licensed Products, and GSK (and its Affiliates and Sublicensees) Product in the applicable Field in the Territory shall be free reviewed and approved by Dong-A consistent with any Publication Policies of Dong-A. In addition to publish and not in lieu or publicly disclose such resultslimitation of the foregoing, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK NeuroBo shall provide to ChemoCentryx at GSKDong-A (through the JDC) the opportunity to review each of NeuroBo’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover (including information to be presented verbally) in the results of clinical development of Territory that relate to any Development activities or otherwise with respect to the Licensed ProductProducts for use in the applicable Field in the Territory, for review and comment as to matters relating at least [**] days prior to its patents intended presentation or submission for publication, and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed materialNeuroBo agrees, or upon written request from Dong-A given within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline[**] day period, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such abstract or manuscript for publication or to make such presentation that contains such information until ChemoCentryx Dong-A is given a reasonable period up to [**] days from the date of time (not to exceed sixty (60) days) such written request to seek appropriate patent protection for any material in such publication or presentation which that it reasonably believes may be patentable. Once an abstract, manuscript or presentation has been reviewed and approved by Dxxx-X, the exact same abstract, manuscript or presentation does not have to be provided again to Dong-A for review for a later submission for publication; provided that once the abstract or manuscript is patentable accepted for publication or to resolve any other issues. This Section 9.6 the presentation is finalized, NeuroBo shall cease to apply provide Dong-A with respect to any Licensed Product upon a copy of the commercial launch final version of such Licensed Productabstract, manuscript or presentation. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials Dong-A also shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has have the right to do sorequire that any of its Confidential Information (but not the results of the Clinical Studies for a Licensed Product in the applicable Field in the Territory that have been approved for disclosure pursuant to the Publication Policies) that is disclosed in any such proposed publication or presentation be deleted prior to such publication or presentation. In any permitted publication or presentation by NeuroBo, Dong-A’s contribution shall be duly recognized, and co-authorship shall be determined in accordance with customary standards.
Appears in 1 contract
Publications. Neither Party or its Affiliates The Parties recognize the desirability of publishing and publicly disclosing the results of and information regarding, activities under this Agreement. Accordingly, Licensee shall publish or be free to publicly disclose the results of any of the research and/or development and information regarding, activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such resultsthis Agreement, subject to the prior review by ChemoCentryx AstraZeneca of any disclosure of AstraZeneca’s Confidential Information for issues of patentability and protection of its such Confidential Information, in a manner consistent with Applicable Law and industry practices, as CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE DERMAVANT SCIENCES LTD. GSK HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO DERMAVANT SCIENCES LTD. IF PUBLICLY DISCLOSED. provided in this Section 6.5 (Publications). Accordingly, prior to publishing or disclosing any Confidential Information of AstraZeneca, Licensee shall provide to ChemoCentryx at GSK’s earliest practical opportunity any AstraZeneca with drafts of proposed abstracts, manuscripts or summaries of presentations which that cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and such Confidential Information. ChemoCentryx AstraZeneca shall respond in writing promptly through its designated representative and in any event no event later than thirty (30) days [***] after receipt of the such proposed material, publication or within presentation or such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or presentation. Licensee agrees to allow a specific statement of concern, based upon either the need reasonable period (not to seek exceed [***]) to permit filings for patent protection and to otherwise address issues of Confidential Information or concern regarding related competitive disadvantage arising from harm to the proposalreasonable satisfaction of AstraZeneca. In addition, Licensee shall give due regard to comments furnished by AstraZeneca and such comments shall not be unreasonably rejected. In the event of concernthat AstraZeneca desires to publish AstraZeneca Know-How, GSK agrees AstraZeneca shall not submit any publications relating to the AstraZeneca Know-How without Licensee’s prior written consent not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sounreasonable withheld.
Appears in 1 contract
Publications. Neither Party or its Affiliates shall publish or publicly disclose Actinium acknowledges that it is Site's policy that the results of any the Study must be publishable and the Investigator and others employed by Site or who are engaged in the Study be permitted to present at symposia, national or regional professional meetings and to publish in journals, theses or dissertations or otherwise in their sole discretion, the methods and results of the research and/or development activities conducted under the Research Program Study. The parties recognize that because this is a multi-center Study, there is a need for a coordinated approach to any publication or under any Early Development Program, without the prior written consent public disclosure of the other Partydata or results of this Study. To that end, except that after there will be no publication or public disclosure of such data or results by the end Site or Investigator until a multi-center publication is submitted for publication or presentation by Actinium, or its designee. However, if no multi-site publication is submitted by Actinium or its designee within twelve (12) months of the Research Termcompletion, abandonment or termination of the Study from all sites or after Actinium confirms there will be no multi-center Study publication, whichever occurs first, the foregoing Site and the Investigator shall not apply be free to ChemoCentryx publish for non-commercial purposes the Study results that do not relate to any Collaboration Compounds, from their Site as follows. If the Site or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required Investigator wishes to publish or publicly disclose Study data and results the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity Site will submit any proposed abstracts, manuscripts manuscript or summaries of presentations which cover the results of clinical development of any Licensed Product, publication to Actinium for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than at least thirty (30) days after prior to its submission for publication or other disclosure. The Site will review and consider in good faith comments received from Actinium during such thirty (30) day period. If requested to do so by Actinium, Site agrees to remove Confidential Information provided by Actinium prior to submitting the manuscript or publication, excluding Study data and results. Actinium will make every reasonable attempt to notify the Site within said thirty (30) days of receipt of the proposed material, or within such reasonably shorter period as publication whether it is required (and promptly communicated by GSK desirable to ChemoCentryx) by the relevant publication deadline, with either approval of file a patent application on any inventions contained in the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalpublication. In the event of concernActinium decides to pursue patent protection, GSK agrees not to submit such Actinium shall request that the Site defer publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed for an additional sixty (60) days) days to seek permit the filing of any desired patent protection application and Site shall honor such request. As part of the Site's compliance with guidelines to facilitate publication of reports resulting from the Study (for any material in such publication example, the International Committee of Medical Journal Editors or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 World Health Organization guidelines), Site shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has have the right to do soregister the Study, if Actinium does not so register, and make publicly available the information registered about the Study, and such information shall not be deemed Confidential Information.
Appears in 1 contract
Publications. Neither Party or Provention and its Affiliates shall have the right to publish or publicly disclose the results of their development activities, including clinical trials, with respect to the Products in the Field. Vactech shall have the right to review and comment on any material proposed for disclosure or publication by Provention or its Affiliate, such as by oral presentation, manuscript or abstract that includes Confidential Information of Vactech. Before any such material is submitted for publication or disclosure (other than oral presentation materials and abstracts, which are addressed below), Provention shall deliver a complete copy to Vactech at least 30 days prior to submitting the material to a publisher or initiating such other disclosure, and Vactech shall review any such material and give its comments to Provention within 10 days of the research delivery of such material to Vactech which comments shall be considered by Provention in good faith. With respect to oral presentation materials and abstracts, Provention shall deliver a complete copy to Vactech at least 10 business days prior to the anticipated date of the presentation, and Vactech shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to Provention with appropriate comments, if any, but in no event later than 5 business days from the date of delivery to Vactech which comments shall be considered by Provention in good faith. Provention shall comply, or cause its Affiliate to comply (as applicable), with Vactech’s requests to delete references to Vactech’s Confidential Information in any such material and, if applicable, agrees to delay any submission for publication or other public disclosure for a period of up to an additional 60 days for the purpose of preparing and filing appropriate patent applications. Vactech shall not publish or otherwise disseminate, including, but not limited to, in articles, posters, oral presentations or other formats, any information relating to Candidates and/or development activities conducted under the Research Program or under any Early Development Program, Products without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed ProductsProvention. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so.CONFIDENTIAL
Appears in 1 contract
Publications. Neither The Parties acknowledge that scientific publications and presentations must be strictly monitored to prevent any adverse effect from premature publication or dissemination of results of the activities hereunder. Each Party or its Affiliates (in such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or publicly disclose the present, or permit to be published or presented, any results of any the Development, Manufacture, use or Commercialization of a Licensed Product to the research and/or development activities conducted under extent such results refer to, derive from or otherwise relate to the Research Program or under any Early Development ProgramLicensed Intellectual Property (the “Covered Results”), without the prior written consent review by and approval of the other Party, except that after the end of the Research TermParty (in such capacity, the foregoing “Non‑Disclosing Party”), which approval shall not apply be unreasonably withheld; provided that it shall not be deemed unreasonable for CytomX to ChemoCentryx for results that do not relate withhold its consent to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required request by ImmunoGen to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject disseminate Covered Results prior to the prior review publication or dissemination of such Covered Results by ChemoCentryx for patentability and protection of its Confidential Information. GSK CytomX. The Publishing Party shall provide submit to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, Non-Disclosing Party for review and comment as approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to matters CytomX only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of ImmunoGen [***] Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (including, without limitation, any nonpublic Licensed Intellectual Property). In addition, each Party shall submit to the other Party for review and approval any proposed publication or public presentation relating to its patents data generated under the Research Program. In both instances, such review and approval will be conducted for the purposes of preserving the value of the Licensed Intellectual Property and determining whether any portion of the proposed publication or presentation containing the Non-Disclosing Party’s Confidential InformationInformation should be modified or deleted. ChemoCentryx Written copies of such proposed publication or presentation required to be submitted hereunder shall respond in writing promptly and in be submitted to the Non-Disclosing Party no event later than thirty (30) days before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within fifteen (15) days after its receipt of such written copy, and the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval Publishing Party shall delete any Confidential Information of the proposed material or a specific statement of concern, based Non-Disclosing Party upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposalrequest. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed The Review Period may be extended for an additional sixty (60) daysdays in the event the Non-Disclosing Party can, within fifteen (15) to seek days of receipt of the written copy, demonstrate reasonable need for such extension, including for the preparation and filing of patent protection for applications. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations governed by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so6.3.2.
Appears in 1 contract
Publications. Neither Party (a) Subject to Mirati’s review and approval as set forth below, BeiGene shall have the right to publish Clinical Data pertaining to the Compound or its Affiliates any Licensed Product and generated by or on behalf of BeiGene in the Licensed Territory pursuant to this Agreement and subject to this Section 11.3(a). Mirati shall publish have the right to review, comment on, and approve any material proposed for disclosure or publicly disclose the publication by BeiGene regarding any such Clinical Data and/or results of any of the research and/or development and other information regarding BeiGene’s Development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject with respect to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts Compound or summaries of presentations which cover the results of clinical development of any Licensed Product, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication or presentation of the same is made, BeiGene shall deliver a complete copy to Mirati at least […***…] days prior to submitting the material to a publisher or initiating any other disclosure. Mirati shall review any such material and comment give its comments to BeiGene within […***…] days of receipt of such material. With respect to oral presentation materials and abstracts, Mirati shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and BeiGene with appropriate comments, if any, but in no event later than thirty […***…] days from receipt. BeiGene shall comply with Mirati’s request to delete references to its Confidential Information in any such material and agrees to delay any submission for publication or other public disclosure for a period of up to an additional […***…] days for the purpose of preparing and filing appropriate patent applications.
(30b) days after receipt Subject to BeiGene’s review and approval as set forth below, Mirati shall have the right to publish preclinical data and Clinical Data pertaining to the Compound or any Licensed Product that is generated by or on behalf of BeiGene or any of its Affiliates or Sublicensees pursuant to this Agreement and subject to this Section 11.3(b). BeiGene shall have the right to review, comment on, and approve any material proposed materialfor disclosure or publication 41 *** Confidential Treatment Requested by Mirati regarding any such preclinical and Clinical Data, whether by oral presentation, manuscript, or within abstract. Before any such reasonably shorter period as material is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection submitted for any material in such publication or presentation which it believes of the same is patentable made, Mirati shall deliver a complete copy to BeiGene at least […***…] days prior to submitting the material to a publisher or to resolve initiating any other issuesdisclosure. This Section 9.6 BeiGene shall cease review any such material and give its comments to apply with Mirati within […***…] days of receipt of such material. With respect to oral presentation materials and abstracts, BeiGene shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to Mirati with appropriate comments, if any, but in no event later than […***…] days from receipt. Mirati shall comply with BeiGene’s request to delete references to its Confidential Information in any such material and agrees to delay any submission for publication or other public disclosure for a period of up to an additional […***…] days for the purpose of preparing and filing appropriate patent applications. In addition, Mirati shall keep BeiGene reasonably informed of any proposed publication of preclinical data and Clinical Data pertaining to the Compound or any Licensed Product upon and generated by or on behalf of Mirati and allow BeiGene the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject reasonable opportunity to review under this Section 9.6 to the extent that GSK and discuss any material proposed for disclosure or ChemoCentryx (as the case may be) has the right to do sopublication by Mirati regarding any such preclinical data and Clinical Data, whether by oral presentation, manuscript, or abstract.
Appears in 1 contract
Samples: Collaboration and License Agreement (Mirati Therapeutics, Inc.)
Publications. Neither Party or LICENSEE and its Affiliates shall have the right to publish or publicly disclose the results of their Development activities, including but not limited to non-clinical information and clinical trials, with respect to the Licensed Product(s) in the Field. LICENSOR shall have the right to review and comment on any material proposed for disclosure or publication by LICENSEE or its Affiliate, such as by manuscript or abstract, that relates to the Development, manufacture or Commercialization of Licensed Product(s) and/or that includes Confidential Information of LICENSOR. Before any such material is submitted for publication or disclosure (other than abstracts, which are addressed below), LICENSEE shall deliver a complete copy to LICENSOR at least 30 days prior to submitting the material to a publisher or initiating such other disclosure, and LICENSOR shall review any such material and give its comments to LICENSEE within 15 days of the research and/or development activities conducted under delivery of such material to LICENSOR, which comments shall be considered by LICENSEE in good faith. With respect to abstracts, LICENSEE shall deliver a complete copy to LICENSOR at least 10 days prior to the Research anticipated date of the presentation, and LICENSOR shall make reasonable efforts to expedite review of such abstracts, and shall return such items as soon as practicable to LICENSEE with appropriate comments, if any, but in no event later than 5 calendar days from the date of delivery to LICENSOR which comments shall be considered by LICENSEE in good faith. LICENSEE shall comply, or shall cause its Affiliates to comply (as applicable), with LICENSOR’s requests to delete references to LICENSOR’s Confidential Information in any such material and agrees to delay any submission for publication or other public disclosure for a period of up to an additional 60 days for the purpose of preparing and filing appropriate patent applications. LICENSOR shall not publish any information relating to Licensed Product, Licensed Patent Rights, or InflamaCORE Program or under any Early Development Program, Technology without the prior written consent of the other Party, LICENSEE (such consent not to be unreasonably withheld or delayed) except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (in collaboration with LICENSEE and its Affiliates and Sublicensees) shall be free to publish or publicly disclose Affiliates. For any such resultsdesired publication, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK LICENSOR shall provide to ChemoCentryx LICENSEE a complete manuscript or abstract at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, least 60 days prior to its target submission date for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond approval or rejection by LICENSEE; provided, however, that for purposes of this Article 6, no submission of a grant application in writing promptly and in no event later than thirty (30) days after receipt respect of any research outside of the proposed materialField will be deemed a publication requiring advance submission to, or within prior written consent from, LICENSEE; but provided, further, that in cases where such reasonably shorter period as is required (and promptly communicated by GSK research relates principally to ChemoCentryxthe study of Inflammasomes or components thereof, and/or the mechanism(s) by the relevant publication deadlinewhich Licensed Product(s) works, with either approval LICENSEE will be provided both (1) pre-submission copies of all such grant applications and (2) confidential copies of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soresults thereof when obtained.
Appears in 1 contract
Samples: License Agreement (Larkspur Health Acquisition Corp.)
Publications. Neither Party or its Affiliates shall publish or publicly disclose The Parties recognize the desirability of publishing the results of any of the research and/or development Development activities conducted under the Research Program or under any Early Development Programthis Agreement. Accordingly, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing Licensee shall not apply be permitted to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose in scientific or medical journals, reference publications or scientific or medical presentations the results of development work on Licensed ProductsDevelopment activities performed by Licensee or Licensor under this Agreement in accordance with this Section 7.5. Prior to making any such publication or disclosure, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK Licensee shall provide to ChemoCentryx at GSK’s earliest practical opportunity any Licensor with drafts of such proposed publication or disclosure, including as applicable proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Informationpresentations. ChemoCentryx Licensor shall respond in writing promptly through its designated representative and in any event no event later than thirty (30) days after receipt of the such proposed material, publication or within presentation or such reasonably shorter period as is may be required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadlineor presentation. Licensee agrees to allow a reasonable additional period to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of Licensor in a manner consistent with Applicable Law and industry practices. In addition, with either approval Licensee shall give due regard to comments furnished by Licensor and such comments shall not be unreasonably rejected; provided, however, that if any such abstract, manuscript or summary of presentations contains any AstraZeneca Product Reference that (a) is not supported by the approved labeling for the AstraZeneca Product or presents an unbalanced view of the proposed material AstraZeneca Product considering the approved labeling for the AstraZeneca Product as a whole or a specific statement (b) contains projections of concernthe market potential of the AstraZeneca Product, based upon either Licensee shall correct or remove such AstraZeneca Product Reference or such projections, as applicable. Notwithstanding the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concernforegoing, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect subject to any Licensed Product upon the commercial launch copyrights or intellectual property rights of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials Licensee’s publications may include reprints of scientific or medical journal articles or reference publications regarding the AstraZeneca Product that, in each case, follow FDA’s “Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices” guidance or an equivalent regulatory guidance in the Territory. The terms of this Section 7.5 shall be subject applicable to review under this Section 9.6 to the extent that GSK any Sublicensee of Licensee or ChemoCentryx (as the case may be) has the right to do soany of its Affiliates.
Appears in 1 contract
Publications. Neither Party or its Affiliates shall publish or publicly disclose present the results of any studies carried out during the Collaborative Research Period and the BMS Independent Activity Period (including results of the research and/or development activities conducted under the Research Program or under any Early Development Program, studies carried out with Non-LXR Modulators) without the opportunity for prior written consent review by the other Party; provided, however, that BMS may publish or present the results of studies with respect to Collaboration Compounds that have received approval as an ECN without prior review by Exelixis. Subject to Section 9.3, each Party agrees to provide the other Party the opportunity to review any proposed disclosure which contains Confidential Information of the other PartyParty and would or may constitute an oral, except that after written or electronic public disclosure if made (including the end full content of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations presentations) which cover the results of clinical development of any Licensed Productrelate to [ * ], for review and comment as to matters relating or which otherwise may [ * ], at least [ * ] prior to its patents intended submission for publication and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed materialagrees, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadlineupon request, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit any such abstract or manuscript for publication or to make such presentation that contains such information until ChemoCentryx the other Party is given a reasonable period of time (not to exceed sixty (60) days) to seek secure patent protection for any material in such publication or presentation which it believes to be patentable. Both Parties understand that a reasonable commercial strategy may require delay of publication of information or filing of patent applications. The Parties agree to review and consider delay of publication and filing of patent applications under certain circumstances. The JRC shall review such requests and recommend subsequent action. Neither Party shall have the right to publish or present Confidential Information of the other Party which is patentable or subject to resolve any other issuesSection 9.1. This Nothing contained in this Section 9.6 shall cease prohibit the inclusion of Confidential Information of the non-filing Party [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. necessary for a patent application, provided the non-filing Party is given a reasonable opportunity to apply with respect review the extent and necessity for its Confidential Information to any Licensed Product upon the commercial launch be included prior to submission of such Licensed Productpatent application. Furthermore, with respect Any disputes between the Parties regarding delaying a publication or presentation to any proposed abstracts, manuscripts or summaries permit the filing of presentations by investigators or other Third Parties, such materials a patent application shall be subject to review under this Section 9.6 referred to the extent that GSK or ChemoCentryx (as the case may be) has the right to do soJRC.
Appears in 1 contract
Publications. Neither During the Term, each Party (as the “Requesting Party”) will submit to the other Party (as the “Reviewing Party”) for review and approval any proposed academic, scientific and medical publication or its Affiliates shall publish public presentation related to any Licensed Product or publicly disclose the results of any of the research and/or development activities conducted under this Agreement, in each case, to the Research Program or under any Early Development Program, without the prior written consent extent it includes Information of the other Party. In each such instance, except that after such review and approval will be conducted for the end purposes of preserving the value of the Research TermReviewing Party’s technology, the foregoing shall rights granted under this Agreement and determining whether any portion of the proposed publication or presentation containing the Reviewing Party’s Information should be modified or deleted. Written copies of such proposed publication or presentation required to be submitted hereunder will be submitted to the Reviewing Party no later than 15 Business Days before submission for publication or presentation (or five Business Days in advance in the case of an abstract). The Reviewing Party will provide its comments with respect to such publications and presentations within 10 Business Days of its receipt of such written copy (or five Business Days in the case of an abstract). The review period may be extended for an additional 30 days if the Reviewing Party reasonably requests such extension including for the preparation and filing of patent applications. Notwithstanding anything to the contrary, the Reviewing Party may require, in its reasonable discretion, that the Requesting Party redact the Reviewing Party’s Information from any such proposed publication or presentation. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publication. Notwithstanding the foregoing, a Licensee’s obligation to submit any publication to the Company for review and approval under this Section 9.4 will not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review publication made by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply Licensee with respect to Licensed Products that does not contain Information or disclose any Licensed Product upon non-public information of the commercial launch Company; provided, that where reasonably possible, Licensee will provide Company with an advance copy of such Licensed Productpublication if such publication is reasonably likely to have a material adverse effect on the value of Company’s technology. FurthermoreFor clarity, with respect neither Party is obligated hereunder to any submit proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 publications to the extent that GSK or ChemoCentryx (other Party for all proposed publications relating to work conducted outside of the scope of this Agreement. [***] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as the case may be) has the right to do soamended.
Appears in 1 contract
Publications. Neither Party Following the Amended Effective Date, Arrowhead shall not have the right to make any publications regarding the Development or its Affiliates shall Commercialization of any Licensed Construct or Licensed Product in the Territory, including to publish or publicly disclose the any results of any of the research and/or development Clinical Trial or other Development activities conducted under the Research Program or under any Early Development Program, without the prior written consent of the other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Construct or Licensed Product, in each case, without the prior approval of GSK. Notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt, GSK shall have the right to make any publications regarding the Development or Commercialization of any Licensed Construct or Licensed Product upon in the commercial launch Territory as it chooses, in its sole discretion, without the approval of Arrowhead, including any Confidential Information as reasonably required for GSK’ s compliance with its then- current policy on the registration and reporting of results of pharmaceutical company- sponsored Clinical Trials including disclosures made by GSK on xxxxxxxxxxxxxx.xxx; provided that (a) GSK shall submit such publication to Arrowhead at least [***] Business Days in advance of the intended submission for publication or presentation of such Licensed Product. Furthermorepublication for Arrowhead’s review; (b) to the extent Arrowhead notifies GSK of any specific, reasonable objections to such publication within [***] Business Days following GSK submitting such publication to Arrowhead for review pursuant to the foregoing clause (a), based on concern regarding the specific disclosure of any Confidential Information of Arrowhead (or any of its Affiliates), as applicable, GSK will delete any such Confidential Information and, acting reasonably and in good faith, consider any other such objections, including whether it is necessary or advisable to delete any other information from such proposed publication; and (c) upon Arrowhead’s request, GSK shall delay any such publication or presentation as needed to preserve the patentability of any Confidential Information of Arrowhead (or any of its Affiliates); provided, further, that Arrowhead may elect, by delivery of written notice to GSK, to extend such publication review period for up to an additional [***] Business Days solely to the extent necessary to permit the preparation and filing of any such patent applications with respect to any proposed abstractssuch Confidential Information of Arrowhead (or its Affiliates), manuscripts or summaries as applicable. Arrowhead agrees to provide, and to cause its applicable subcontractors to provide, to GSK such assistance as reasonably requested in connection with fulfilling the requirements of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sopolicy.
Appears in 1 contract
Samples: License Agreement (Arrowhead Pharmaceuticals, Inc.)
Publications. Neither Party A. A "publication" shall be deemed to mean any written, oral or its Affiliates other public disclosure of research results, including the public use or sale of an invention based on the research results, if that event could bar the availability of protection in foreign jurisdictions or trigger the one-year grace period in the U.S. within which a U.S. patent application must be filed, and “publish” shall have a corresponding meaning.
B. UNIVERSITY shall provide each MEMBER a confidential copy of any presentation or manuscript containing results of CONSORTIUM RESEARCH that it intends to disclose or publish (whether by teaching or publicly disclose otherwise) at least four (4) weeks prior to the time of presentation or submission to any journal or other publication, including conference abstract collections. If within such period MEMBER requests redaction of any references to or data regarding MEMBER’S proprietary information or other MEMBER confidential information within such presentation or manuscript, UNIVERSITY shall redact such references, data and confidential information prior to presentation or submission. Subject to the foregoing and Section 3, UNIVERSITY shall be free to use the results of any CONSORTIUM RESEARCH for its own teaching and educational purposes without payment of royalties or other fees provided that it does nothing which could bar the research and/or development activities conducted under availability of patent protection in respect of a MEMBER’S invention or joint invention. UNIVERSITY is free to publish at its own discretion the Research Program or under any Early Development Programresults of CONSORTIUM RESEARCH except those that would constitute an enabling disclosure of a MEMBER’S invention on which a patent application has not been filed. In such cases, the UNIVERSITY may not publish without the prior written consent of the other Party, except that MEMBER concerned after having reviewed the end full text proposed to be published. UNIVERSITY shall provide each MEMBER a confidential copy of any manuscript generated as a result of CONSORTIUM RESEARCH at the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate time of submission to any Collaboration Compoundsjournal or other publication, or to GSK for results that relate directly to any including conference abstract collections.
C. Under no circumstances will publication of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Producta student's thesis, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later which funds are derived from the CONSORTIUM, be delayed for longer than thirty ninety (3090) days after receipt conferral of the proposed materialhis or her degree; however, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK such thesis contains references to or ChemoCentryx data regarding MEMBER’S proprietary information or other MEMBER confidential information, UNIVERSITY shall provide MEMBER with a confidential copy of such thesis and MEMBER may request to (as the case may beand UNIVERSITY shall) has the right redact such references, data and confidential information prior to do sopublication.
Appears in 1 contract
Samples: Membership Agreement
Publications. Neither The JMAC (and prior to the establishment of the JMAC, the JRC (for Research-related publications) or the JDC (for Development-related publications)) (each of the JRC, JDC and the JMAC, the “Responsible Committee”) shall establish publication review and approval procedures for this Collaboration consistent with the publication policies of both Parties. The Parties shall review and approve any publication by either Party or its Affiliates shall publish or publicly disclose (sub)licensees relating to the Compounds or Collaboration Products, including scientific, health economic or pharmacoeconomic publications, in accordance with such procedures, considering Astellas’ and Cytokinetics’ interest in publishing the results of any the work in the Research, Development, and Medical Affairs Activities in order to obtain recognition within the scientific or other applicable community and to advance the state of knowledge in the research and/or development activities conducted under field, the Research Program need to protect Confidential Information and the Parties’ mutual interest in obtaining valid patent protection, protecting reasonable business interests and trade secret information, and having an integrated approach to developing one or under any Early Development Program, without the prior written consent of the other Partymore Collaboration Products for one or more Indications. Consequently, except that after the end of the Research Termfor disclosures permitted pursuant to Sections 13.3 and 13.5, the foregoing shall [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not apply to ChemoCentryx for results that do not relate to any Collaboration Compoundsmaterial and (ii) would likely cause competitive harm if publicly disclosed. each Party and their Affiliates, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, employee(s) and GSK (and its Affiliates and Sublicenseesconsultant(s) shall be free to publish or publicly disclose such results, subject deliver to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, Responsible Committee for review and comment as a copy of any proposed publication or presentation that pertains to matters relating any Compound or Collaboration Product, pursuant to its patents a procedure to be established by the Responsible Committee (but excluding general corporate publications and presentations), any such comments to be provided within [ * ] days of receipt. The Responsible Committee shall have the right to require modifications of the publication or presentation: (a) to protect each Parties’ respective Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty ; (30b) for trade secret reasons or business reasons; and/or (c) to delay such submission for an additional [ * ] days after receipt of the proposed material, or within such as may be reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) necessary to seek patent protection for any material the information disclosed in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do sosubmission.
Appears in 1 contract
Samples: License and Collaboration Agreement (Cytokinetics Inc)