Scientific Publications. 10.5.1 BioAtla shall not, and shall ensure that its Affiliates and (sub)licensees do not, make oral or written publications or other disclosures regarding the Licensed Antibody or the Program Products without Context’s prior written consent. 10.5.2 The Party desiring to present or publish any Confidential Information of the other Party (the “Publishing Party”) shall provide the other Party with (i) a copy of any proposed publication at least [***] days (or [***] days in the case of a manuscript) prior to submission for publication; and (ii) notice of a presentation at least [***] days prior to the date of such presentation and a copy of the proposed presentation at least [***] days prior to the date of such presentation, in each case of (i) and (ii), so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to continue to maintain the Parties’ Confidential Information. If such other Party notifies (in a “Publishing Notice”) the Publishing Party in writing, prior to such [***]-day period’s expiry in the case of a publication (or [***]-day period’s expiry in the case of a manuscript), or within [***] days prior to the date of such presentation after timely receipt of the copy of the proposed presentation, as applicable, that such publication, manuscript, or presentation, in its reasonable judgment, (1) contains an invention, solely or jointly conceived or reduced to practice by the other Party, for which the other Party reasonably desires to obtain Patent protection or (2) contains any Confidential Information of such other Party or of both Parties that such other Party does not wish to be included in the proposed publication or presentation, then the Publishing Party shall (A) prevent or delay such publication, manuscript, or presentation for a mutually agreeable period of time, which in any event will not be less than [***] days or such other period needed to seek Patent protection for any such potential inventions identified in such Publishing Notice, and (B) remove such Confidential Information specifically identified by such other Party in the Publishing Notice prior to any public release of such publication, manuscript, or presentation, so long as such other Party’s request to remove such Confidential Information from the applicable publication, manuscript, or presentation is reasonable. EXECUTION VERSION
Appears in 2 contracts
Samples: Global Transaction Agreement (BioAtla, Inc.), License Agreement (BioAtla, Inc.)
Scientific Publications. 10.5.1 BioAtla shall notNotwithstanding Section 11.4, and shall ensure that in the event a Party wishes to publish in a peer review journal or present at a scientific conference (a) Information relating to or arising from this Agreement (including relating to or arising from activities performed by a Third Party subcontractor on behalf of a Party, [***]) consistent with the then-current Publication Plan, if any, or if no Publication Plan is in effect, as otherwise approved by the JRC, with respect to research publications, or the JDC, with respect to Development publications, or (b) Information solely made, collected or otherwise generated by or on behalf of it or its Affiliates and (sub)licensees do not[***] prior to the Effective Date, make oral or written publications or other disclosures regarding the Licensed Antibody or the Program Products without Context’s prior written consent.
10.5.2 The such Party desiring shall provide to present or publish any Confidential Information of the other Party (the “Publishing Party”) shall provide the other Party with (i) a copy of any proposed publication or presentation (including, without limitation, abstracts and manuscripts) at least [***] days (or [***] days in the case for posters, slides and written descriptions of a manuscriptoral presentations only) prior to submission for publication; publications under clause (a) and (ii) notice of a presentation at least [***] days for publications under clause (b) prior to the date of such presentation and a copy of the proposed presentation at least [***] days prior to submission for publication or the date of such presentation, whichever is earlier, of any of such submitted materials. The other Party shall review such submitted materials and respond to the submitting Party as soon as reasonably possible, but in each any case of (i) and (ii), so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to continue to maintain the Parties’ Confidential Information. If such other Party notifies (in a “Publishing Notice”) the Publishing Party in writing, prior to such [***]-day period’s expiry in the case of a publication (or [***]-day period’s expiry in the case of a manuscript), or within [***] days prior for the proposed publication or presentation (including but not limited to abstracts and manuscripts) and [***] days for posters, slides and written descriptions or oral presentations only, of receipt thereof for publications under clause (a) and (ii) within [***] days for the proposed publications under clause (b). At the option of the reviewing Party, the submitting Party shall (1) take into due consideration any comments made by the reviewing Party, (2) delete from such proposed publication or presentation any Confidential Information of the reviewing Party and [***]; and (3) delay the date of such submission for publication or the date of such presentation after timely receipt of the copy of the proposed presentation, as applicable, that such publication, manuscript, or presentation, in its reasonable judgment, (1) contains an invention, solely or jointly conceived or reduced to practice by the other Party, for which the other Party reasonably desires to obtain Patent protection or (2) contains any Confidential Information of such other Party or of both Parties that such other Party does not wish to be included in the proposed publication or presentation, then the Publishing Party shall (A) prevent or delay such publication, manuscript, or presentation for a mutually agreeable period of time, which time sufficiently long (but in any no event will not be less longer than [***] days or such other period needed for publications under clause (a) and [***] days for publications under clause (b)) to permit the reviewing Party to seek Patent protection for any appropriate patent protection. In the event the reviewing Party does not respond within the period specified above, the submitting Party will be free to make such potential inventions identified in such Publishing Notice, and (B) remove such Confidential Information specifically identified by such other Party in the Publishing Notice prior to any public release of such publication, manuscript, proposed publication or presentation, so long as such other Party’s request to remove such Confidential Information from the applicable publication, manuscript, or presentation is reasonable. EXECUTION VERSION.
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Samples: Collaboration Agreement (BioNTech SE), Collaboration Agreement (BioNTech SE)
Scientific Publications. 10.5.1 BioAtla shall not, and shall ensure that its Affiliates and (sub)licensees do not, make oral or written publications or other disclosures regarding the Licensed Antibody or the Program Products without Context’s prior written consent.
10.5.2 The Party desiring to present or publish any Confidential Information of the other Party (the “Publishing Party”) shall provide the other Party with (i) a copy of any proposed publication at least [***] days (or [***] days in the case of a manuscript) prior to submission for publication; and (ii) notice of a presentation at least [***] days prior to the date of such presentation and a copy of the proposed presentation at least [***] days prior to the date of such presentation, in each case of (i) and (ii), so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to continue to maintain the Parties’ Confidential Information. If such other Party notifies (in a “Publishing Notice”) the Publishing Party in writing, prior to such [***]-day period’s expiry in the case of a publication (or [***]-day period’s expiry in the case of a manuscript), or within [***] days prior to the date of such presentation after timely receipt of the copy of the proposed presentation, as applicable, that such publication, manuscript, or presentation, in its reasonable judgment, (1) contains an invention, solely or jointly conceived or reduced to practice by the other Party, for which the other Party reasonably desires to obtain Patent protection or (2) contains any Confidential Information of such other Party or of both Parties that such other Party does not wish to be included in the proposed publication or presentation, then the Publishing Party shall (A) prevent or delay such publication, manuscript, or presentation for a mutually agreeable period of time, which in any event will not be less than [***] days or such other period needed to seek Patent protection for any such potential inventions identified in such Publishing Notice, and (B) remove such Confidential Information specifically identified by such other Party in the Publishing Notice prior to any public release of such publication, manuscript, or presentation, so long as such other Party’s request to remove such Confidential Information from the applicable publication, manuscript, or presentation is reasonable. EXECUTION VERSION.
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