Common use of Scientific Publications Clause in Contracts

Scientific Publications. During the Research Program Term, neither Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise).

Appears in 5 contracts

Samples: Collaboration and License Agreement (Editas Medicine, Inc.), Collaboration and License Agreement (Editas Medicine, Inc.), Collaboration and License Agreement (Editas Medicine, Inc.)

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Scientific Publications. During The parties agree, as a general principle, that it is desirable to publish the Research Program Term, neither Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement without the opportunity for prior review and comment research conducted by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstractparties hereto under this Agreement, manuscript or scientific presentation (including any verbal presentation) and agree that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall both parties will have the right to publish such results. The following restrictions shall apply with respect to the disclosure in scientific journals or present publications by the parties hereto regarding any scientific work under this Agreement (but not any Independent Discovery or other research performed by the parties): (a) the party publishing, or proposing to publish, such results (the "Publishing Party") shall provide the other party (the "Non-Publishing Party") with an advance copy of any proposed submission of a publication arising from such scientific work, not less than thirty (30) days prior to submission or disclosure of such publication, and the Non-Publishing Party shall have a reasonable opportunity to recommend any changes it reasonably believes are necessary to preserve its Patent Rights or Know-How or to protect its Confidential Information hereunder, and the incorporation of such recommended changes shall not be unreasonably refused; and (b) if the Non- Publishing Party informs the Publishing Party, within thirty (30) days of receipt of an advance copy of a proposed publication hereunder, that such publication includes Confidential Information of the other Non-Publishing Party the publication of which, in the Non-Publishing Party's sole judgment, could be expected to have a material adverse effect on any of its Patent Rights or Know-How, or on the Non-Publishing Party's business affairs, the Publishing Party shall delete such Confidential Information of the Non-Publishing Party from such publication and, in the case of inventions made solely by the Publishing Party or jointly by the Publishing Party and the Non-Publishing Party, except as provided in Section 9.2. After delay publication thereof for an a time period (not to exceed ninety (90) days) sufficient for the Research Program Term, each Party preparation and its Affiliates may publish filing of a patent application or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary application for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission certificate of such patent application invention thereon, in accordance with Section 8.2Article 6 of this Agreement. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant The parties agree to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party confer regarding authorship of such disclosure and will use publications, which shall be determined in accordance with the standards for authorship customary for peer-reviewed journals. For purposes of this Section, the parties agree that publication of Confidential Information covered by a filed patent shall not be required to be deleted solely due to a patent application not having reached its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise)18 month publication date.

Appears in 3 contracts

Samples: Research License and Option Agreement (Abgenix Inc), Research License and Option Agreement (Abgenix Inc), Research License and Option Agreement (Abgenix Inc)

Scientific Publications. During the Research Program Term, neither Neither Party shall first publish or first present in a public forum the scientific or technical results of any activity activities performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party, except that (a) OSI may freely publish OSI scientific or technical results related to Collaboration Compounds, Collaboration Antibodies or Royalty-Bearing Products, and (b) AVEO may freely publish AVEO scientific or technical results related to any rights granted to OSI pursuant to Article X herein; provided that, AVEO may not publish the Bioinformatics Tools Source Code in its entirety, or any portion of the Bioinformatics Tools Source Code that would enable the public to substantially replicate the AVEO Bioinformatics Tools. Each Subject to the foregoing exception, each Party agrees to provide the other Party with the opportunity to review any proposed abstractabstracts, manuscript manuscripts or scientific presentation presentations (including any verbal presentationpresentations) that relates which relate to its activities performed pursuant to this Agreement during the Research Program Term, or any Collaboration Target at least [**] thirty (30) days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secretsfirst. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 5.3 shall prohibit the inclusion of information necessary for a patent application; , provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings and to request deletion of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise)Confidential Information.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Aveo Pharmaceuticals Inc), Collaboration and License Agreement (Aveo Pharmaceuticals Inc)

Scientific Publications. During (a) Prior to a Party or its Affiliates publishing, publicly presenting and/or submitting for written or oral publication a manuscript, abstract or the Research Program Term, neither Party shall first publish like relating to the Licensed Compounds or first present in a public forum the scientific or technical results of any activity performed Licensed IP that has not previously published pursuant to this Agreement without Section 8.4 the opportunity for prior review and comment by the other Party proposing (or whose Affiliate is proposing) (“Publishing Party. Each Party agrees to ”) shall provide the other Party with a copy of the opportunity manuscript, abstract or other proposed publication relating to review any proposed abstract, manuscript the Licensed Compounds or scientific presentation Licensed IP (including any verbal presentationa “Publication”) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [***] days prior to its intended submission for publication thereof to a publisher or to any third party, provided that in the case of abstracts and agreesoral presentations, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to if [***] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Termprior notice is not reasonably practicable, or not to publish at all if necessary to preserve trade secretsthen as much prior notice as is reasonably practicable. The Parties agree to review and decide whether Publishing Party shall consider in good faith any reasonable recommendation of the non-Publishing Party to delay publication such proposed Publication. The Publishing Party shall not disclose in any Publication the confidential information of such the non-Publishing Party without the non-Publishing Party’s prior written consent; provided, however, that nothing in this Section 8.4(a) shall limit the right of the Publishing Party to publicly disclose any information, including confidential information of the non- Publishing Party, pertaining to permit filing safety of patent applications. Neither the Licensed Product that the Publishing Party believes in good faith it is obligated or appropriate to disclose and provided further that the Publishing Party shall have the right to publish disclose in its Publications the Know-How licensed to it hereunder to the extent that such Know-How is reasonably necessary to provide context to the data that has been generated by the Publishing Party and that is the subject of such publication. (b) With respect to future potential publications or present public presentations by a Licensee (or a Related Party) or by Licensor (or an Associated Party) of data or results of Clinical Trials of a Licensed Product to be submitted by or on behalf of such Person(s), or any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Termacademic investigators cooperating with any such Person(s), each Party shall (a) provide the JSC every [***] with a publication strategy plan and its Affiliates may publish (b) a copy of abstracts or present resultsother summary information regarding said publications or public presentations. The non-Publishing Party shall have the right to make comments and suggest changes to any such plan, data publications or scientific findings public presentations to ensure appropriate protection of any patentable inventions, and the Publishing Party shall consider in good faith any reasonable comments and suggested changes of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Publishing Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise).

Appears in 2 contracts

Samples: License and Collaboration Agreement (Cullinan Oncology, LLC), License and Collaboration Agreement (Cullinan Oncology, LLC)

Scientific Publications. During Each Party recognizes that the Research Program Termpublication of scientific papers regarding results of, neither Party shall first publish or first present in a public forum and other Information regarding, activities under this Agreement, including oral presentations and abstracts, may be beneficial to both Parties; provided, that such publications are subject to reasonable controls to protect Confidential Information. In particular, it is the scientific or technical results intent of the Parties to maintain the confidentiality of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other PartyConfidential Information included in any invention disclosures or draft Patent application until such Patent application has been filed. Each Party agrees to provide the other Party with the opportunity to review any proposed abstractAccordingly, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither each Party shall have the right to publish review and approve any paper proposed for publication by the other Party, including any oral presentation or present any abstract, that contains Clinical Data or pertains to results of Clinical Studies, or other studies with respect to the Licensed Compounds or Licensed Products or that includes Confidential Information of the other Party. Before any such paper is submitted for publication or an oral presentation is made, except as provided in Section 9.2the publishing or presenting Party shall deliver a then-current copy of the paper or materials for oral presentation to the other Party at least […***…] prior to submitting the paper to a publisher or making the presentation. After The other Party shall review any such paper and give its comments to the Research Program Term, each publishing Party and its Affiliates may publish or present results, data or scientific findings within […***…] of any the delivery of their activities without the prior review of such paper to the other Party. If approval is not given or deemed given, provided that such publication either Party may refer the matter to the JDC for resolution together with the reasons for withholding approval. Notwithstanding the foregoing, the publishing or presentation does not disclose any of presenting Party shall comply with the other Party’s request to delete references to such other Party’s Confidential InformationInformation in any such paper and will withhold publication of any such paper or any presentation of same for an additional […***…] in order to permit the Parties to obtain Patent protection if either Party deems it necessary. Nothing contained Any publication shall include recognition of the contributions of the other Party according to standard practice for assigning scientific credit, either through authorship or acknowledgement, as may be appropriate. Each Party shall use Commercially Reasonable Efforts to cause investigators and institutions participating in Clinical Studies with which it contracts, to agree to terms substantially similar to those set forth in this Section 9.3 9.6, which efforts shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of satisfy such patent application in accordance with Section 8.2. Nothing contained in Party’s obligations under this Section 9.3 9.6 with respect to such investigators and institutions. Notwithstanding the foregoing, upon AbbVie proceeding with the In-Licensing (i) the first paragraph shall prohibit either Party from disclosing the resultsno longer be effective, data (ii) Ablynx shall not publish, present, or scientific findings of any activity performed by the other Party or otherwise disclose, and shall cause its Affiliates pursuant and Third Party Providers and its and their employees and agents not to this Agreement disclose any material specifically related to the Exploitation of the applicable Licensed Compound or Licensed Product in the applicable indication without prior review and the prior written consent of AbbVie, and (iii) AbbVie, its Sublicensees and its and their respective Affiliates shall have the other Partyright to publish, where requiredpresent, as reasonably determined by the disclosing Party’s legal counselor otherwise disclose, by applicable law; provided that if a Party is required by law to make any such disclosure, material related to the extent it may legally do soExploitation of the applicable Licensed Compound or Licensed Product in the applicable indication; provided, it will give reasonable advance notice that (i) such disclosure is subject to the other Party provisions of such disclosure Sections 9.1 through 9.3 with respect to Ablynx’s Confidential Information, and will (ii) AbbVie shall not use its reasonable efforts to secure confidential treatment the name of such information Ablynx (or insignia, or any contraction, abbreviation or adaptation thereof) without Ablynx’s prior to its disclosure (whether through protective orders or otherwise)written consent. CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[...***...]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.

Appears in 2 contracts

Samples: Exclusive License Agreement (Ablynx NV), Exclusive License Agreement (Ablynx NV)

Scientific Publications. During (a) Biogen Idec shall have the Research Program Term, neither Party shall first publish right to make disclosures pertaining to the Development of Products in scientific journals or first present in a public forum the scientific or technical results other publications. Following Sobi’s exercise of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first Opt-In Right with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Terma Product, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither each Party shall have the right to publish make disclosures pertaining to the Development or present Post Opt-In Development of such Product in scientific journals or other publications to the extent permitted by the JSC; provided, however, that neither Party may make disclosures in scientific journals or other publications that are based on, or contain, any Confidential data or other Information of that is solely owned by the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party. If so permitted, where requiredthe publishing Party shall provide the other Party (the “non-publishing Party”) with an advance copy of the proposed publication, as and the non-publishing Party shall then have fifteen (15) business days in which to recommend any changes it reasonably determined by believes are necessary to preserve any Patent Rights or Information belonging in whole or in part to the disclosing non-publishing Party. If the non-publishing Party informs the publishing Party that such publication, in the non-publishing Party’s legal counselreasonable judgment, by could be expected to have a material adverse effect on any Patent Rights or Information belonging in whole or in part to the non-publishing Party, the publishing Party shall delay or prevent such publication. In the case of Patent Rights, the delay shall be sufficiently long to permit the timely preparation and filing of a patent application. In the case of Information, the Information shall be deleted from the publication, except where such Information is required to be published under applicable law; provided that . (b) With respect to pre-clinical discovery and research activities on Compound Constructs as permitted in Section 3.1(c), prior to the expiration of the Opt-In Period for the correlative Lead Product, and if a Sobi has exercised its Opt-In Right under Section 4.1(a), thereafter, each Party is required by law must comply with the guidelines set forth in Section 3.6(a) with respect to make any disclosures pertaining to the pre-clinical discovery and research of such disclosure, Compound Constructs in scientific journals or other publications to the extent it may legally do so, it will give reasonable advance notice to permitted by the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise)JSC.

Appears in 2 contracts

Samples: Development and Commercialization Agreement (Bioverativ Inc.), Development and Commercialization Agreement (Bioverativ Inc.)

Scientific Publications. During the Research Program Term, neither Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [***] ([***]) days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [***] ([***]) months to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.28.3. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities performed after the Research Term without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. After the Research Term, neither Party nor its Affiliates may publish or present any of the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of such other Party. Nothing contained in this Section 9.3 8.4 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance application. For clarity, any publication under this Section 8.4 shall be consistent with Section 8.2uniQure’s internal publication strategy, which shall be made available to 4DMT upon request. Nothing contained in this Section 9.3 8.4 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable lawLaw; provided that if a Party is required by law Law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise).

Appears in 2 contracts

Samples: Collaboration and License Agreement (4D Molecular Therapeutics Inc.), Collaboration and License Agreement (uniQure N.V.)

Scientific Publications. During Prior to public disclosure or submission for publication of a manuscript describing the Research Program Term, neither Party shall first publish or first present in a public forum the scientific or technical results of any scientific activity performed pursuant to this Agreement without or collaboration between PDL and Roche in the opportunity for prior review and comment by Field, the party disclosing or submitting such a manuscript (“Disclosing Party”) shall send the other party (“Responding Party”) by expedited delivery a copy of the manuscript to be submitted and shall allow the Responding Party a reasonable time period (not to exceed forty-five (45) days from the date of confirmed receipt) in which to determine whether the manuscript contains subject matter of which patent protection should be sought (prior to publication of such manuscript) for the purpose of protecting an invention, or whether the manuscript contains confidential information belonging to the Responding Party. Each After the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript, the Disclosing Party agrees shall be free to provide the other Party with the opportunity to review any proposed abstract, submit such manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agreespublish or otherwise disclose to the public such research results. Should the Responding Party believe the subject matter of the manuscript contains confidential information or a patentable invention of substantial commercial value to the Responding Party, upon requestthen prior to the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript by the Responding Party, not to submit any the Responding Party shall notify the Disclosing Party in writing of its determination that such abstract manuscript contains such information or manuscript subject matter for publication until the other Party is given a reasonable period of time up to [**] to secure which patent protection for any material in should be sought. On receipt of such publication that it believes to be patentable. Both Parties understand that a reasonable commercial strategy may require written notice from the Responding Party, the Disclosing Party shall delay of publication of information or filing of patent applications first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication public disclosure of such information or submission of the manuscript for an additional period of sixty (60) days to permit preparation and filing of a patent applicationsapplication on the disclosed subject matter. Neither The Disclosing Party shall have the right thereafter be free to publish or present any Confidential Information of the other Partydisclose such information, except as provided in Section 9.2. After that the Research Program Term, each Disclosing Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any confidential information of the other Party’s Confidential InformationResponding Party in violation of Sections 14.1 and 14.2 hereof. Nothing contained in this Section 9.3 Determination of authorship for any paper or patent shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2accepted scientific practice. Nothing contained in Should any questions on authorship arise, this Section 9.3 shall prohibit either Party from disclosing will be determined by good faith consultation between the results, data or scientific findings respective heads of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent research for each of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise)parties.

Appears in 2 contracts

Samples: Worldwide Agreement (Protein Design Labs Inc/De), Worldwide Agreement (Protein Design Labs Inc/De)

Scientific Publications. During the Research Program Term, neither Party NOVACEA shall first not publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement of its development activities for the Licensed Product or Improvements within the Field, including, but not limited to, on-line publications of information regarding results of Clinical Trials conducted by NOVACEA, its Affiliates or permitted sublicensees, without the opportunity for prior review by XXXXXX XXXXX and comment by the other Partywithout XXXXXX XXXXX’x prior written consent (not to be unreasonably withheld or delayed). Each Party Subject to Article 14 hereof, NOVACEA agrees to provide the other Party with XXXXXX XXXXX the opportunity to review any proposed abstractabstracts, manuscript manuscripts or scientific presentation presentations (including any verbal presentationpresentations) that relates which relate to its activities performed pursuant to this Agreement during the Research Program TermLicensed Product or Improvements at least ten (10) (and where practicable, at least [**] thirty (30)) days prior to its their intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party XXXXXX XXXXX is given a reasonable period of time up to [**] to secure patent protection a Patent for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 5.6 shall prohibit the inclusion of information if necessary for a patent application; , except for Confidential Information of the non-filing Party, provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application application. Notwithstanding the foregoing, the Parties recognize that independent investigators may be engaged in accordance the future to conduct pre-clinical trials, Clinical Trials and compendia clinical studies of the Licensed Product or Improvements. The Parties recognize that such investigators operate in an academic environment and may release information regarding such studies in a manner consistent with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either academic standards; nevertheless, each Party from disclosing will use Diligent Efforts to prevent publication by an independent investigator prior to the results, data or scientific findings filing of any activity performed relevant patent applications and to prevent disclosure by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent an independent investigator of Confidential Information of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise).

Appears in 2 contracts

Samples: Patent and Know How License Agreement (Novacea Inc), Patent and Know How License Agreement (Novacea Inc)

Scientific Publications. During the Research Program Term[***], neither Party shall first publish nor any of its Affiliates, sublicensees (including Sublicensees), employees or first present in a public forum the consultants may make any oral or written scientific publications, including any abstracts, manuscripts, posters, slide presentations or technical results other materials, of any activity performed pursuant activities or results relating to this Agreement without the opportunity for prior review and comment by the other Party. Each a TARP8 Compound unless such Party agrees to provide the other Party complies with the opportunity procedures and terms of this Section 8.6 (Scientific Publications), and, subject to review any proposed abstractapplicable terms of this ARTICLE 8 (Confidentiality and Publication), manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other neither Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present include any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and or its Affiliates may publish or present results, data or scientific findings of in any of their activities publication without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in prior written consent unless such Party complies with the procedures and terms of this Section 9.3 shall prohibit the inclusion of information necessary for 8.6 (Scientific Publications). The publishing Party will deliver a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings complete draft of any activity performed by proposed publication to the other Party at least [***] before submitting the material to a publisher or initiating any other release. The other Party will review any such material and give its Affiliates pursuant comments to the publishing Party within [***] after the delivery of such draft to such other party, and if no comments are provided within such [***], then it shall be deemed that the reviewing Party has no comment with respect to such draft publication. Upon reasonable request by the reviewing Party, the publishing Party shall (a) delete from any such proposed publication material, before its submission or release, any references to the reviewing Party or any of its Confidential Information; or (b) delay any submission or release for a period of up to an additional [***] to permit the reviewing Party to prepare and file, or have prepared and filed, any patent applications for any inventions as contemplated under this Agreement Agreement. The publishing Party will ascribe authorship of any proposed publication using accepted standards used in peer-reviewed, academic journals at the time of the proposed publication. Notwithstanding the foregoing, on and after the Option Exercise Date, Xxxxxxx shall not publish any results relating to a TARP8 Compound or TARP8 Product without prior review and the prior written consent of Licensee, provided, however, that Xxxxxxx may publish on the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided results of on-label studies with a TARP8 Product that if a Party is required by law to make any such disclosure, has received Marketing Approval. Notwithstanding anything herein to the extent it may legally do socontrary, it this Section 8.6 (Scientific Publications) will give reasonable advance notice not apply to the publications by Xxxxxxx related to any Xxxxxxx Reserved Compound (and not to any other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwiseTARP8 Compound).

Appears in 2 contracts

Samples: Option and License Agreement (Rapport Therapeutics, Inc.), Option and License Agreement (Rapport Therapeutics, Inc.)

Scientific Publications. During the Research Program TermOption Term for a particular Target, (a) neither Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to activities carried out under this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed such Target, and (b) to the extent any clinical site or investigator has any right to publish, present or otherwise publicly disclose any data or results obtained pursuant from any clinical trial conducted hereunder, the Party contracting with such clinical site and/or investigator shall require same to this Agreement during (i) provide each Party with a copy of each proposed publication, presentation or other disclosure and (ii) grant each Party the Research Program Termright to review, comment on, require the deletion of its Confidential Information from and delay, for the purpose of filing intellectual property applications, submission of each such publication, presentation or not to publish at all if necessary to preserve trade secretsother disclosure or presentation. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Thereafter, each Party shall have the right to publish on the particular Target(s) to which it has or present retains rights hereunder (i.e., Celgene shall have the right to publish on the Targets to which Collaboration Compounds and Collaboration Back-Up Compounds are directed, and Array shall have the right to publish on the other Targets), but not the other Targets, provided, however, that each Party shall submit any proposed publication containing the disclosing Party’s Confidential Information to the other Party at least thirty (30) days in advance to allow that Party to review such planned public disclosure. The reviewing Party will promptly review such proposed publication and make any objections that it may have to the publication of Confidential Information of the other Party, except as reviewing Party contained therein. The publishing Party shall consider in good faith any comments provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party during such thirty (30) day period. Should the reviewing Party make an objection to the publication of any such Confidential Information, then the Parties shall discuss the advantages and disadvantages of publishing or its Affiliates pursuant disclosing such information. Notwithstanding the foregoing, each Party shall have the right to this Agreement without prior review and prior written consent publicly disclose any information, including Confidential Information, pertaining to safety or efficacy of the other a Compound and/or any Licensed Product that such Party, where required, as reasonably determined by in the disclosing Party’s reasonable opinion of its legal counsel, it is obligated or ethically bound to disclose. The contribution of each Party shall be noted in all publications or presentations by applicable law; provided that if a Party acknowledgment or co-authorship, whichever is required by law appropriate. This Section shall not be deemed to make any such disclosure, to limit the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise)Parties’ obligations under Section 10.1 above.

Appears in 2 contracts

Samples: Drug Discovery and Development Option and License Agreement (Array Biopharma Inc), Drug Discovery and Development Agreement (Array Biopharma Inc)

Scientific Publications. During Either Party may make oral or written publications (such as any abstracts, manuscripts, posters, slide presentations or other materials) of any activities or results relating to a Licensed Compound or Licensed Product, provided that (a) Xxxxxxx shall not have such right until after the Research Program TermOpt-In Effective Date, neither except with Protagonist’s prior written consent, which consent will not be unreasonably withheld, (b) the other Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present review and comment on a draft of any such material proposed for publication by such Party, including for purposes of ensuring that none of its Confidential Information is disclosed without its consent, and (c) such Party may not include any Confidential Information of the other Party, except as provided Party in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of without the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent, which consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if will not be unreasonably withheld. The publishing Party shall deliver a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice complete draft to the other Party at least [ * ] ([ * ] in the case of abstracts) prior to submitting the material to a publisher or initiating any other release. The non-publishing Party shall review any such material and give its comments to the publishing Party within [ * ] ([ * ] in the case of abstracts) after the delivery of such disclosure draft to the non-publishing Party, and will use its reasonable efforts to secure confidential treatment of the publishing Party shall consider such information comments in good faith. The publishing Party shall comply with the non-publishing Party’s request to: delete from any such proposed publication material prior to its disclosure (whether through protective orders submission or otherwise)release any references to the non-publishing Party or any of its Confidential Information; or delay any submission or release for a period of up to an additional [ * ] to permit the non-publishing Party to prepare and file, or have prepared and filed, any patent applications for any Collaboration Inventions as contemplated hereunder. For the avoidance of doubt, this Section 9.9 shall not apply to public [ * ] = 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 Act of 1934, as amended. disclosures required by Applicable Laws or the rules of the United States Securities and Exchange Commission or the Nasdaq Stock Market or similar security regulatory authorities or stock markets in other countries, as applicable, which are governed by Sections 9.4 and 9.5.

Appears in 2 contracts

Samples: License and Collaboration Agreement, License and Collaboration Agreement (Protagonist Therapeutics, Inc)

Scientific Publications. During Either Party may make oral or written publications (such as any abstracts, manuscripts, posters, slide presentations or other materials) of any activities or results relating to a Licensed Compound or Licensed Product, provided that (a) Xxxxxxx shall not have such right until the Research Program start of the License Term, neither except with Protagonist’s prior written consent, which consent will not be unreasonably withheld, (b) the other Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present review and comment on a draft of any such material proposed for publication by such Party, including for purposes of ensuring that none of its Confidential Information is disclosed without its consent, and (c) such Party may not include any Confidential Information of the other Party, except as provided Party in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of without the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent, which consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if will not be unreasonably withheld. The publishing Party shall deliver a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice complete draft to the other Party at least [*] ([*] in the case of abstracts) prior to submitting the material to a publisher or initiating any other release. The non-publishing Party shall review any such material and give its comments to the publishing Party within [*] ([*] in the case of abstracts) after the delivery of such disclosure draft to the non-publishing Party, and will use its reasonable efforts to secure confidential treatment of the publishing Party shall consider such information comments in good faith. The publishing Party shall comply with the non-publishing Party’s request to: delete from any such proposed publication material prior to its disclosure submission or release any references to the non-publishing Party or any of its Confidential Information; or delay any submission or release for a period of up to an additional [*] to permit the non-publishing Party to prepare and file, or have prepared and filed, any patent applications for any Collaboration Inventions as contemplated hereunder. For the avoidance of doubt, this Section 9.9 shall not apply to public disclosures required by Applicable Laws or the rules of the United States Securities and Exchange Commission or the Nasdaq Stock Market or similar security regulatory authorities or stock markets in other countries, as applicable, which are governed by Sections 9.4 and 9.5. -40- [*] = Certain confidential information contained in this document, marked by brackets, is omitted because it is both (whether through protective orders or otherwise)i) not material and (ii) would be competitively harmful if publicly disclosed.

Appears in 1 contract

Samples: License and Collaboration Agreement (Protagonist Therapeutics, Inc)

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Scientific Publications. During 11.4.1 The Parties, through the Research Program TermJSC or CRB (as applicable) shall (a) determine the strategy for, neither (b) develop a publication plan in relation to, and (c) coordinate, the publication and presentation of results of clinical trials of the Product and other Data generated in the conduct of the Development activities hereunder. 11.4.2 Each Party recognises that the publication of papers 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. 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 published. Accordingly each Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant submit to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript publication or public disclosure containing clinical or scientific presentation (including any verbal presentation) that relates results relating directly to its activities performed pursuant to this Agreement during Product within the Research Program Term, Field at least [**] days prior *]in advance (subject to its intended submission for publication and agrees, upon request, not a Party’s right to submit any such abstract or manuscript for publication until make disclosures described in Section 11.2.3) to allow the other Party is given to review such proposed publication or disclosure. The reviewing Party shall notify the requesting Party in writing during such [***]reviewing period if the reviewing Party wishes to (a) remove its Confidential Information from such proposed publication or presentation, in which event the requesting Party shall remove such Confidential Information from its proposed publication or presentation; or (b) request a reasonable delay in publication or presentation in order to protect patentable information, in which event the requesting Party shall delay the publication or presentation for a period of time up to no more than [***] to secure enable patent protection for any material in such publication that it believes applications to be patentable. Both Parties understand that a reasonable commercial strategy may require delay of publication of information or filing of patent applications first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application filed in accordance with Section 8.210.2 protecting inventions disclosed in such publication or presentation. Nothing contained If, during the [***] reviewing period, the reviewing Party notifies the requesting Party that it does not consent to the publication due to any good faith concerns that the publication would be contrary to Applicable Laws, detrimental to the Product in the Field or detrimental to the interests of the reviewing Party, the requesting Party shall not make the publication and the matter shall be referred to the JSC for resolution. For clarity, if the reviewing Party fails to notify the requesting Party during the [***]reviewing period as provided under this Section 9.3 11.4, the requesting Party shall prohibit either Party from disclosing be free to proceed with the results, data proposed publication or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise)presentation.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Mesoblast LTD)

Scientific Publications. During the Research Program Term, neither Party shall first publish or first present in a public forum the scientific or technical Each party recognizes that publications regarding results of any activity performed pursuant to clinical and non-clinical studies carried out under this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation information regarding Licensed Products (including any verbal presentation) that relates Expanded Licensed Product), including oral or poster presentations and abstracts (each of the foregoing, a “Publication”), may be beneficial to its activities performed pursuant both parties provided such Publications are subject to this Agreement during the Research Program Termreasonable controls to protect Confidential Information. Accordingly, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party party shall have the right to review and comment on any Publication prior to submission by the other party. Before a Publication is submitted for publication or disclosure (other than oral presentation materials and abstracts, which are addressed below), the party proposing publication shall deliver a complete copy to the other party at least 21 days prior to submitting the material to a publisher or initiating such other disclosure, and such other party shall review any such material and give its comments to the party proposing publication within 10 days of the delivery of such material to such other party. With respect to oral presentation materials and abstracts, the party proposing publication shall deliver a complete copy to the other party at least 14 days prior to the anticipated date of the presentation, and such other party shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to the party proposing publication with appropriate comments, if any, but in no event later than 10 days from the date of delivery to the non-publishing party. The party seeking to publish or present shall consider in good faith any comments thereto provided by the other party and shall comply with the other party’s request to remove any and all of such other party’s Confidential Information of in any such material. In addition, the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may party seeking to publish or present resultsagrees to delay any submission for publication or other public disclosure for a period of up to an additional 30 days, data or scientific findings of any of their activities without in the prior review of event that the other Partyparty can demonstrate a reasonable need for such delay for the purpose of preparing and filing appropriate patent applications. If the other party fails to provide its comments to the party seeking to publish or present within the applicable 10-day period, provided that such other party shall be deemed not to have any comments, and the party seeking to publish or present shall be free to submit for publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application present in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing 7.6 after the results21-day period or 14-day period, data as applicable, has elapsed (but without waiver of, or scientific findings prejudice to, any liability of any activity performed by the other Party or publishing party for breach of its Affiliates obligations pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwiseArticle 7).

Appears in 1 contract

Samples: Collaboration and License Agreement (Cidara Therapeutics, Inc.)

Scientific Publications. During Either Party may make oral or written publications (such as any abstracts, manuscripts, posters, slide presentations or other materials) of any activities or results relating to a Licensed Compound or Licensed Product, provided that (a) Xxxxxxx shall not have such right until the Research Program start of the License Term, neither except with Protagonist’s prior written consent, which consent will not be unreasonably withheld, (b) the other Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present review and comment on a draft of any such material proposed for publication by such Party, including for purposes of ensuring that none of its Confidential Information is disclosed without its consent, and (c) such Party may not include any Confidential Information of the other Party, except as provided Party in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of without the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent, which consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if will not be unreasonably withheld. The publishing Party shall deliver a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice complete draft to the other Party at least [ * ] ([ * ] days in the case of abstracts) prior to submitting the material to a publisher or initiating any other release. The non-publishing Party shall review any such material and give its comments to the publishing Party within [ * ] ([ * ] in the case of abstracts) after the delivery of such disclosure draft to the non-publishing Party, and will use its reasonable efforts to secure confidential treatment of the publishing Party shall consider such information comments in good faith. The publishing Party shall comply with the non-publishing Party’s request to: delete from any such proposed publication material prior to its disclosure (whether through protective orders submission or otherwise)release any references to the non-publishing Party or any of its Confidential Information; or delay any submission or release for a period of up to an additional [ * ] to permit the non-publishing Party to prepare and file, or have prepared and filed, any patent applications for any Collaboration Inventions as contemplated hereunder. For the avoidance of doubt, this Section 9.9 shall not apply to public disclosures required by Applicable Laws or the rules of the United States Securities and Exchange Commission or the Nasdaq Stock Market or similar security regulatory authorities or stock markets in other countries, as applicable, which are governed by Sections 9.4 and 9.5.

Appears in 1 contract

Samples: License and Collaboration Agreement (Protagonist Therapeutics, Inc)

Scientific Publications. During 10.4.1 The Parties, through the Research Program TermJSC or CRB (as applicable) shall (a) determine the strategy for, neither (b) develop a publication plan in relation to, and (c) coordinate, the publication and presentation of results of clinical trials of the Product and other Data generated in the conduct of the Development activities hereunder. 10.4.2 Each Party recognises that the publication of papers 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. 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 published. Accordingly each Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant submit to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript publication or public disclosure containing clinical or scientific presentation (including any verbal presentation) that relates results relating directly to its activities performed pursuant to this Agreement during Product within the Research Program Term, Field at least [***] days prior in advance (subject to its intended submission for publication and agrees, upon request, not a Party’s right to submit any such abstract or manuscript for publication until make disclosures described in Section 10.2.3) to allow the other Party is given to review such proposed publication or disclosure. The reviewing Party shall notify the requesting Party in writing during such [***] reviewing period if the reviewing Party wishes to (a) remove its Confidential Information from such proposed publication or presentation, in which event the requesting Party shall remove such Confidential Information from its proposed publication or presentation; or (b) request a reasonable delay in publication or presentation in order to protect patentable information, in which event the requesting Party shall delay the publication or presentation for a period of time up to no more than [***] to secure enable patent protection for any material in such publication that it believes applications to be patentable. Both Parties understand that a reasonable commercial strategy may require delay of publication of information or filing of patent applications first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application filed in accordance with Section 8.29.2 protecting inventions disclosed in such publication or presentation. Nothing contained If, during the [***] reviewing period, the reviewing Party notifies the requesting Party that it does not consent to the publication due to any good faith concerns that the publication would be contrary to Applicable Laws, detrimental to the Product in the Field or detrimental to the interests of the reviewing Party, the requesting Party shall not make the publication and the matter shall be referred to the JSC for resolution. For clarity, if the reviewing Party fails to notify the requesting Party during the [***] reviewing period as provided under this Section 9.3 10.4, the requesting Party shall prohibit either Party from disclosing be free to proceed with the results, data proposed publication or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise)presentation.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Mesoblast LTD)

Scientific Publications. During Each Party recognizes that the Research Program Termpublication, neither Party shall first publish such as by public oral presentation, manuscript or first present in a public forum abstract, of the scientific or technical results of any activity performed pursuant Development activities, including clinical trials, with respect to this Agreement without the opportunity for prior Compound or Products may be beneficial to both Parties provided such publications are subject to reasonable controls to protect Confidential Information of each Party. Accordingly, each Party will have the right to review and comment on any scientific material proposed for publication or public oral or visual presentation by the other Party that relates to data developed as part of the Development of the Compound or Products (whether in or outside the Territory and including investigator-initiated trial data) or includes Confidential Information of such Party. Each Before any such material is submitted for publication, each Party agrees will deliver a complete copy to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [***] days prior to its intended submission for publication and agrees, upon request, not submitting the material to submit a publisher or initiating any other disclosure. Such other Party will review any such abstract or manuscript for publication until material and give its comments to the Party within [***] of the delivery of such material to such other Party. With respect to public oral presentation materials and abstracts, each Party will make reasonable efforts to expedite review of such materials and abstracts, and will return such items as soon as practicable to the other Party is given a reasonable period of time up to with appropriate comments, if any, but in no event later than [***] from the date of delivery to secure patent protection for any material in such publication that it believes to be patentableParty. Both Parties understand that a reasonable commercial strategy may require delay of publication of information or filing of patent applications first Each Party will comply with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.2. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s request to delete references to such other Party’s Confidential InformationInformation in any such material. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that In addition, if any such publication contains patentable subject matter, then at the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing publishing Party’s legal counselrequest, the publishing Party will either delete the patentable subject matter from such publication or delay any submission for publication or other public disclosure for a period of up to an additional [***] so that appropriate patent applications may be prepared and filed. For clarity, these limitations, other than with respect to confidential data, do not apply to investor presentations or materials presented by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders Catalyst or otherwise)Santhera.

Appears in 1 contract

Samples: License and Collaboration Agreement (Catalyst Pharmaceuticals, Inc.)

Scientific Publications. During Each Party recognizes that the Research Program Termpublication of scientific papers regarding results of, neither Party shall first publish or first present in a public forum and other Information regarding, activities under this Agreement, including oral presentations and abstracts, may be beneficial to both Parties; provided, that such publications are subject to reasonable controls to protect Confidential Information. In particular, it is the scientific or technical results intent of the Parties to maintain the confidentiality of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other PartyConfidential Information included in any invention disclosures or draft Patent application until such Patent application has been filed. Each Party agrees to provide the other Party with the opportunity to review any proposed abstractAccordingly, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither each Party shall have the right to publish review and approve any paper proposed for publication by the other Party, including any oral presentation or present any abstract, that contains Clinical Data or pertains to results of Clinical Studies, or other studies with respect to the Licensed Compounds or Licensed Products or that includes Confidential Information of the other Party. Before any such paper is submitted for publication or an oral presentation is made, except as provided in Section 9.2the publishing or presenting Party shall deliver a then-current copy of the paper or materials for oral presentation to the other Party at least […***…] prior to submitting the paper to a publisher or making the presentation. After The other Party shall review any such paper and give its comments to the Research Program Term, each publishing Party and its Affiliates may publish or present results, data or scientific findings within […***…] of any the delivery of their activities without the prior review of such paper to the other Party. If approval is not given or deemed given, provided that such publication either Party may refer the matter to the JDC for resolution together with the reasons for withholding approval. Notwithstanding the foregoing, the publishing or presentation does not disclose any of presenting Party shall comply with the other Party’s request to delete references to such other Party’s Confidential InformationInformation in any such paper and will withhold publication of any such paper or any presentation of same for an additional […***…] in order to permit the Parties to obtain Patent protection if either Party deems it necessary. Nothing contained Any publication shall include recognition of the contributions of the other Party according to standard practice for assigning scientific credit, either through authorship or acknowledgement, as may be appropriate. Each Party shall use Commercially Reasonable Efforts to cause investigators and institutions participating in Clinical Studies with which it contracts, to agree to terms substantially similar to those set forth in this Section 9.3 9.6, which efforts shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of satisfy such patent application in accordance with Section 8.2. Nothing contained in Party’s obligations under this Section 9.3 9.6 with respect to such investigators and institutions. Notwithstanding the foregoing, upon AbbVie proceeding with the In-Licensing (i) the first paragraph shall prohibit either Party from disclosing the resultsno longer be effective, data (ii) Ablynx shall not publish, present, or scientific findings of any activity performed by the other Party or otherwise disclose, and shall cause its Affiliates pursuant and Third Party Providers and its and their employees and agents not to this Agreement disclose any material specifically related to the Exploitation of the applicable Licensed Compound or Licensed Product in the applicable indication without prior review and the prior written consent of AbbVie, and (iii) AbbVie, its Sublicensees and its and their respective Affiliates shall have the other Partyright to publish, where requiredpresent, as reasonably determined by the disclosing Party’s legal counselor otherwise disclose, by applicable law; provided that if a Party is required by law to make any such disclosure, material related to the extent it may legally do soExploitation of the applicable Licensed Compound or Licensed Product in the applicable CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[...***...]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, it will give reasonable advance notice AS AMENDED. indication; provided, that (i) such disclosure is subject to the other Party provisions of such disclosure Sections 9.1 through 9.3 with respect to Ablynx’s Confidential Information, and will (ii) AbbVie shall not use its reasonable efforts to secure confidential treatment the name of such information Ablynx (or insignia, or any contraction, abbreviation or adaptation thereof) without Ablynx’s prior to its disclosure (whether through protective orders or otherwise)written consent.

Appears in 1 contract

Samples: Exclusive License Agreement (Ablynx NV)

Scientific Publications. During the Research Program Term, neither Party shall first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement without the opportunity for prior review and comment by the other Party. Each Party agrees to provide the other Party with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication until the other Party is given a reasonable period of time up to [**] months to secure patent protection for any material in such publication that 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 first with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.28.3. After the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities performed after the Research Term without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. After the Research Term, neither Party nor its Affiliates may publish or present any of the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of such other Party. Nothing contained in this Section 9.3 8.4 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance application. For clarity, any publication under this Section 8.4 shall be consistent with Section 8.2uniQure’s internal publication strategy, which shall be made available to 4DMT upon request. Nothing contained in this Section 9.3 8.4 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable lawLaw; provided that if a Party is required by law Law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwise).

Appears in 1 contract

Samples: Collaboration and License Agreement (uniQure B.V.)

Scientific Publications. During the Research Program Term, subject to Section 8.4 and Section 8.5, neither Party shall, and each Party shall cause its Affiliates not to, first publish or first present in a public forum the scientific or technical results of any activity performed pursuant to this Agreement (including any Program-Specific Information) without the opportunity for prior review and comment by the other PartyParty in accordance with this Section 8.6. Each Party (the “Publishing Party”) agrees to provide the other Party (the “Non-Publishing Party”) with the opportunity to review any proposed abstract, manuscript or scientific presentation (including any verbal presentation) that relates to its activities performed pursuant to this Agreement during the Research Program Term, at least [**] days prior to its intended submission for publication. The Non-Publishing Party shall respond in writing promptly and in no event later than [**] after receipt of the proposed publication (provided that the Non-Publishing Party shall use Commercially Reasonable Efforts to accommodate a shorter time period if notified by the Publishing Party and agreesrequired due to circumstances outside of the Publishing Party’s control), with one or more of the following: (a) comments on the proposed publication, which the Publishing Party shall consider in good faith; (b) a specific statement of concern, based upon requestthe need to seek Patent Rights protection or to block publication or public disclosure (including publications in journals, posters, presentations at conferences and abstracts submitted in advance of conferences) if the Non-Publishing Party reasonably determines that the proposed disclosure includes any intellectual property that should be maintained as a trade secret to protect Program-Specific Information, in which event the Publishing Party agrees not to submit any such abstract publication or manuscript make such presentation that contains such information for publication until the other Party is given a reasonable period of time up to time, and in no event more than [**] ], and the Parties agree to secure review and decide whether to seek patent protection for any material such intellectual property in such publication or presentation which may be patentable or to resolve any other issues; or (c) an identification of the Non-Publishing Party’s Confidential Information that it believes to be patentableis contained in the publication reviewed, which the Publishing Party shall remove, if requested by the Non-Publishing Party. Both Parties understand that a reasonable commercial strategy may require delay of publication of information information, or filing of patent applications first first, with respect to activities performed or results obtained pursuant to this Agreement during the Research Program Term, or not to publish at all if necessary to preserve trade secrets. The Parties agree to review and decide whether to delay publication of such information to permit filing of patent applications. Neither For the avoidance of doubt, in no event shall either Party shall have the right to publish or present any Confidential Information of the other Party, except as provided in Section 9.2. After 8.4 or with the Research Program Term, each Party and its Affiliates may publish or present results, data or scientific findings of any of their activities without the prior review of the other Party, provided that such publication or presentation does not disclose any of the other Party’s Confidential Information. Nothing contained in this Section 9.3 shall prohibit the inclusion of information necessary for a patent application; provided that the non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such patent application in accordance with Section 8.2. Nothing contained in this Section 9.3 shall prohibit either Party from disclosing the results, data or scientific findings of any activity performed by the other Party or its Affiliates pursuant to this Agreement without prior review and prior written consent of the other Party, where required, as reasonably determined by the disclosing Party’s legal counsel, by applicable law; provided that if a Party is required by law to make any such disclosure, to the extent it may legally do so, it will give reasonable advance notice to the other Party of such disclosure and will use (in its reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective orders or otherwisesole discretion).

Appears in 1 contract

Samples: Collaboration and License Agreement (Editas Medicine, Inc.)

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