Directly Competing Product means one or more compounds, products, or combination products, other than the Licensed Product, [***].
Directly Competing Product means, with respect to a Licensed Product, a product that is the subject of a Competing Program and that (a) [*]; (b) [*]; (c) [*]; and (d) [*].
Directly Competing Product means an oil, gas, power or metal product, which is available for trading on a Competing Trading System and which is defined in all material respects in substantially the same terms as (i) an Eligible Derivative Product which is available for trading through the Trading System at that time, or (ii) a New Product described in a New Product Notice which has been served on LCH in accordance with the provisions of sub-paragraph 7.2 above and which has a New Product Commencement Date agreed with LCH being no later than six (6) calendar months from the date of the New Product Notice, each such Eligible Derivative Product or New Product being referred to hereinafter as “the Comparable ICE Product”; and
Examples of Directly Competing Product in a sentence
In the event that a Directly Competing Product is sold by a third party in a particular country and such Directly Competing Product attains in such country a market share of more than ** of aggregate gross dollar sales of each Product in a calendar year then the applicable royalty rate in such country shall be reduced by **.
For clarity, the royalty rate payable to SurModics will not be reduced by more than ** and shall only be reduced with respect to the Product to which such Directly Competing Product relates.
During the Term, MEDINET shall not (and shall ensure that its Affiliates and Sublicensees shall not) Commercialize any Directly Competing Product.
Subject to Sections 2.7(b) and (c), during the Term, neither Party shall be free to [ * ] a Directly Competing Product.
Subject to Sections 2.7(b) and (c), during the Term, neither Party shall be free to [ * ] and/or [ * ] ([ * ] or [ * ], and either [ * ] or [ * ] a [ * ]) a Directly Competing Product.
More Definitions of Directly Competing Product
Directly Competing Product means a [ * ] that: (a) is not a Licensed Compound or a Reverted Product; and (b) [ * ], in each case of subsections (i) – (iii), with [ * ]: (i) [ * ]; (ii) [ * ]; or (iii) [ * ].
Directly Competing Product means a [ * ] that: (a) is not a Licensed Compound or a Reverted Product; and (b) [ * ] and [ * ] at [ * ] of the [ * ] of [ * ], in each case of subsections (i) – (iii), with a [ * ] (“[ * ]”) of [ * ] than or equal to [ * ] ([ * ]): (i) [ * ] and [ * ]; (ii) [ * ] and [ * ]; or (iii) [ * ] and [ * ].
Directly Competing Product means a pharmaceutical and therapeutic equivalent pharmaceutical microparticle product incorporating an Active Agent. In this context, equivalence means that the dose, dosage form, dosing frequency, route of administration, strength, and concentration are similar to the Product and the therapeutic indications are the same.
Directly Competing Product means any Cellular and Tissue-based Product (other than a Product that is the subject of the licenses and sublicenses from Histogenics to MEDINET in this Agreement) for use in the Field. For clarity, ****, would not be considered to be Directly Competing Products under this Agreement.
Directly Competing Product means a pharmaceutical product which contains the Compound (or a compound which is substantially the same as the Compound (including a chiral isomer of the Compound)) as its active pharmaceutical ingredient.
Directly Competing Product means a product that is substitutable for the Licensed Product and has the same mode of action being modulation of Utrophin expression.
Directly Competing Product means a product that is either (A) approved by the EMA or a respective national Regulatory Authority and labeled to prevent or treat the Primary Indication Disease with such approval based on primary endpoints comparable to those of the Licensed Product, including the main primary endpoint of delaying FAP-related surgical events, or (B) a generic product, approved by the EMA or a pertinent National Authority under the Directive 2001/83/EC, Article 10, or a comparable national regulation, to the Licensed Product, meaning that such generic product contains the same active ingredients and is bioequivalent to such Licensed Product; provided, however, that such product is not (i) registered as, nor primarily used as, an adjunct therapy to a Licensed Product, nor (ii) any Licensed Formulation, including an Interchangeable Formulation, for which an MA is obtained or that is Commercialized by or on behalf of CPP or its licensees within the Licensed Territory outside the Licensed Field in accordance with SECTION 2.6 (Right of First Negotiation for Fields of Use Outside the Licensed Field), it being understood that the sole basis for a royalty reduction in connection with such activity by or on behalf of CPP or its licensees is set forth in Subsections 2.6.3 (Distinct and Interchangeable Formulations) and 2.6.4 (Pediatric Cancers).