Common use of W ork Product Clause in Contracts

W ork Product. Any Deliverables, information, or results, specifications, proposals, including discoveries, inventions, copyright, design rights, patents, innovations, suggestions, know-how, idea, specifications and reports made by Supplier or its representatives, and all present and future intellectual property rights which result from, or are related to, information disclosed by Amgen or any Amgen Group member to Supplier or its representatives or which are developed as a result of, or in connection with Supplier’s Services or Deliverables under this Agreement (“Work Product”) shall be the exclusive property of Amgen or its designated member of the Amgen Group. Supplier hereby assigns or will assign to Amgen or its designated member of the Amgen Group upon the date of the Work Product’s creation all of Supplier’s right, title and interest in all Work Product including any present and future intellectual property rights, without retaining any rights whatsoever. If Supplier is not able to assign such intellectual property rights to Amgen for any legal or factual reason, Supplier hereby grants Amgen an exclusive, royalty-free, perpetual, worldwide unrestricted licence to reproduce, distribute, modify and otherwise utilize such intellectual property rights. No other intellectual property right is granted to either Party under this Agreement and the disclosure of any Confidential Information shall not result in any obligation to grant either Party any rights in or to the subject matter of the other Party. Any intellectual property rights existing prior to the date of this Agreement shall remain the property of the Party introducing the same.

W ork Product. Any Deliverables, information, or results, specifications, proposals, including discoveries, inventions, copyright, design rights, patents, innovations, suggestions, know-how, idea, specifications and reports made by Supplier or its representatives, and all present and future intellectual property rights which result from, or are related to, information disclosed by Amgen or any Amgen Group member to Supplier or its representatives or which are developed as a result of, or in connection with Supplier’s Services or Deliverables under this Agreement (“Work Product”) shall be the exclusive property of Amgen or its designated member of the Amgen Group. Supplier hereby assigns or will assign to Amgen or its designated member of the Amgen Group upon the date of the Work Product’s creation all of Supplier’s right, title and interest in all Work Product including any present and future intellectual property rights, without retaining any rights whatsoever. If Supplier is not able to assign such intellectual property rights to Amgen for any legal or factual reason, Supplier hereby grants Amgen an exclusive, royalty-free, perpetual, worldwide unrestricted licence to reproduce, distribute, modify and otherwise utilize such intellectual property rights. No other intellectual property right is granted to either Party under this Agreement and the disclosure of any Confidential Information shall not result in any obligation to grant either Party any rights in or to the subject matter of the other Party. Any intellectual property rights existing prior to the date of this Agreement shall remain the property of the Party introducing the same. 7.1 K ein Verstoß gegen Rechte Dritter. Waren, Dienstleistungen und geschuldete Leistungen dürfen nicht gegen Rechte an geistigem Eigentum oder sonstige Rechte Dritter verstoßen oder zur Zahlung von Lizenzgebühren führen, sofern dies nicht im Auftrag vereinbart wurde. 7.2