Common use of Unauthorised Use of Intellectual Property Clause in Contracts

Unauthorised Use of Intellectual Property. a) The Service Provider agrees to notify TNPA in writing of any conflicting uses of, and applications of registrations of Patents, Designs and Trade Marks or any act of infringement, unfair competition or passing off involving the Intellectual Property of TNPA of which the Service Provider acquires knowledge and TNPA shall have the right, as its own option, to proceed against any party infringing its Intellectual Property. b) It shall be within the sole and absolute discretion of TNPA to determine what steps shall be taken against the infringer and the Service Provider shall co-operate fully with TNPA, at TNPA’s cost, in whatever measure including legal action to bring any infringement of illegal use to an end. c) The Service Provider shall cooperate to provide TNPA promptly with all relevant ascertainable facts. d) If proceedings are commenced by TNPA alone, TNPA shall be responsible for all expenses but shall be entitled to all damages or other awards arising out of such proceedings. If proceedings are commenced by both Parties, both Parties will be responsible for the expenses and both Parties shall be entitled to damages or other awards arising out of proceedings.

Unauthorised Use of Intellectual Property. a) The Service Provider agrees to notify TNPA TPT in writing of any conflicting uses of, and applications of registrations of Patents, Designs and Trade Marks or any act of infringement, unfair competition or passing off involving the Intellectual Property of TNPA TPT of which the Service Provider acquires knowledge and TNPA TPT shall have the right, as its own option, to proceed against any party infringing its Intellectual Property. b) It shall be within the sole and absolute discretion of TNPA TPT to determine what steps shall be taken against the infringer and the Service Provider shall co-operate fully with TNPATPT, at TNPATPT’s cost, in whatever measure including legal action to bring any infringement of illegal use to an end. c) The Service Provider shall cooperate to provide TNPA TPT promptly with all relevant ascertainable facts. d) If proceedings are commenced by TNPA TPT alone, TNPA TPT shall be responsible for all expenses but shall be entitled to all damages or other awards arising out of such proceedings. If proceedings are commenced by both Parties, both Parties will be responsible for the expenses and both Parties shall be entitled to damages or other awards arising out of proceedings.