Registration and Approvals. Attached hereto as Appendix B is a list of the registrations and pending applications for registration for the Trademark and Patent Rights in the Territory. Orphan Medical shall file applications and maintain trademark registrations (including for the Trademark and any alternative trademarks pursuant to Section 10.3) and patent registrations (including for the Patent Rights) in each country in the Territory including without limitation the registrations and pending applications for the Trademark and Patent Rights in each country listed in Appendix B as shall be reasonably useful or necessary to protect Celltech’s rights under this Agreement; provided, however, that if Orphan Medical shall fail to file a useful or necessary application or maintain a useful or necessary registration for any trademarks, alternative trademarks or patents in a country in the Territory, or to maintain the Trademark and Patent Rights registrations in each country listed in Appendix B, Celltech shall have the right to file such applications and maintain such registrations in each such country in the Territory for such trademarks, alternative trademarks or patents at the expense and in the name and on behalf of Orphan Medical (or in Celltech’s own name if that is not permitted in the applicable country). Such registration and use of the Trademark and Patent Rights shall inure to the benefit of and be on behalf of Orphan Medical. On any termination of this Agreement pursuant to Article XIV hereof, Celltech shall promptly assign to Orphan Medical registrations and any applications for registration of trademarks, alternative trademarks or patents for the Product in the Territory filed in its name pursuant to this Section 10.4.
Appears in 3 contracts
Samples: License and Distribution Agreement, License and Distribution Agreement (Celltech Group PLC), License and Distribution Agreement (Orphan Medical Inc)
Registration and Approvals. Attached hereto as Appendix B is a list of the registrations and pending applications for registration for the Trademark and Patent Rights in the Territory. Orphan Medical shall file applications and maintain trademark registrations (including for the Trademark and any alternative trademarks pursuant to Section 10.3) and patent registrations (including for the Patent Rights) in each country in the Territory including without limitation the registrations and pending applications for the Trademark and Patent Rights in each country listed in Appendix B as shall be reasonably useful or necessary to protect Celltech’s 's rights under this Agreement; provided, however, that if Orphan Medical shall fail to file a useful or necessary application or maintain a useful or necessary registration for any trademarks, alternative trademarks or patents in a country in the Territory, or to maintain the Trademark and Patent Rights registrations in each country listed in Appendix B, Celltech shall have the right to file such applications and maintain such registrations in each such country in the Territory for such trademarks, alternative trademarks or patents at the expense and in the name and on behalf of Orphan Medical (or in Celltech’s 's own name if that is not permitted in the applicable country). Such registration and use of the Trademark and Patent Rights shall inure to the benefit of and be on behalf of Orphan Medical. On any termination of this Agreement pursuant to Article XIV hereof, Celltech shall promptly assign to Orphan Medical registrations and any applications for registration of trademarks, alternative trademarks or patents for the Product in the Territory filed in its name pursuant to this Section 10.4.
Appears in 3 contracts
Samples: License and Distribution Agreement (Orphan Medical Inc), Quality Agreement (Orphan Medical Inc), License and Distribution Agreement (Orphan Medical Inc)