Enhancing Third Party Intellectual Property definition

Enhancing Third Party Intellectual Property has the meaning given to such term in the Collaboration Agreement (it being understood and agreed that with respect to any product based on a Company Product that is not a Product, the same definition shall apply mutatis mutandis).
Enhancing Third Party Intellectual Property means, in the Territory, on a country-by-country basis, a valid patent or patent application in such country owned or otherwise Controlled by a Third Party, that covers an invention, which if utilized by the Parties under this Agreement would facilitate the Development, manufacture or Commercialization of Antegren, or, as applicable, other Licensed Product and/or could materially enhance the commercial value of any Licensed Product. For purposes of clarity, Enhancing Third Party Intellectual Property shall not include Blocking Third Party Intellectual Property.
Enhancing Third Party Intellectual Property. Enhancing Third Party Intellectual Property shall mean, with respect to any country in the Territory, on a country-by-country basis, a valid patent or patent application in such country owned or otherwise controlled by a Third Party that covers an invention, which if utilized by the Parties under this Agreement would facilitate the Research, Development and/or Manufacture of an R&D Candidate or Product, as the case may be, and/or if included in a Product would materially enhance the commercial value of such Product. For purposes of clarity, Enhancing Third Party Intellectual Property shall not include Blocking Third Party Intellectual Property.

Examples of Enhancing Third Party Intellectual Property in a sentence

  • Prior to entering into a license agreement with respect to such Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be, the Licensing Party shall submit the proposed license agreement to the JSC for approval.

  • The JPC shall then determine whether or not such Third Party intellectual property constitutes Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be.

  • If either Party believes that there exists Third Party intellectual property that constitutes Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be, it shall notify the JSC and the JPC.

  • If either Party believes that there exists Third Party intellectual property that constitutes Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be, it shall notify the JPC.

  • If the determination of the JPC is affirmative, the Joint Project Team or the Joint Commercialization team, as the case may be, shall determine whether, on what terms (economic or otherwise), and by which Party (the "Licensing Party") such Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be, shall be licensed for the purposes of this Agreement.

  • Any deduction the Company seeks from royalties accruing under this Royalty Agreement for non-monetary consideration paid for Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property shall be at such consideration’s fair monetary value as mutually determined by the Company and Lucky Sub-2 in good faith.

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  • The JPC shall then determine whether or not such Third Party Intellectual Property constitutes Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be.

  • If the JPC is unable to reach a determination under Section 11.9(a) with respect to whether Third Party intellectual property constitutes Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be, then such issue shall be presented to the JSC for determination.

  • If the determination of the JPC is affirmative, the JSC shall determine whether, on what terms (economic or otherwise), and by which Party (the "Licensing Party") such Blocking Third Party Intellectual Property or Enhancing Third Party Intellectual Property, as the case may be, shall be licensed for the purposes of this Agreement.


More Definitions of Enhancing Third Party Intellectual Property

Enhancing Third Party Intellectual Property means, with respect to any country in the Territory, Patent Rights in such country owned or controlled by a third party that cover either (a) the composition of matter of a Validated Marker that is not a Program Validated Marker, or (b) a method of using a Validated Marker which is not a Program Validated Marker that is independent of platform, but only if (x) such Validated Marker is included in a Program Product because such Validated Marker materially enhances the commercial value of such Program Product for use in the Field, and (y) the manufacture, use, offer for sale, sale, or import of such Program Product for use in the Field in such country would, in the absence of a license granted by such third party, infringe such Patent Rights, all as determined pursuant to Section 5.4, PROVIDED, HOWEVER, that Enabling Third Party Intellectual Property shall only include those Patent Rights to which a license is necessary to enable Becton Dickxxxxx xx develop and commercialize a Program Product that contains such Validated Marker and to enable MPMx to research and develop such Validated Marker for use in a Program Product.

Related to Enhancing Third Party Intellectual Property

  • Third Party Intellectual Property means the Intellectual Property Rights of a third party which Supplier uses or incorporates into the Work.

  • Third Party Intellectual Property Rights means any Intellectual Property owned by a third party.

  • Excluded Intellectual Property shall have the meaning set forth in Section 1.2(i).

  • Business Intellectual Property Rights means (a) the Intellectual Property Rights owned or licensed by the Group Companies and (b) any other Intellectual Property Rights owned or licensed by Seller or any of its other Subsidiaries and used solely in the conduct of the Business.

  • Business Intellectual Property means the Owned Intellectual Property and the Licensed Intellectual Property.

  • New Intellectual Property means any Intellectual Property that arises out of, or is created in the course of, the performance of the Contract.

  • Company Intellectual Property Rights means the Intellectual Property owned or used by the Company or any Company Subsidiary.

  • Joint Intellectual Property Rights means any work under the Subcontract, which:

  • Licensed Intellectual Property means all Intellectual Property in which the Company holds any rights or interests granted by other Persons, including Seller or any of its Affiliates.

  • Licensed Intellectual Property Rights means any Intellectual Property Rights owned by a third party that a Person has a right to use, exploit or practice by virtue of a license grant, immunity from Legal Action or otherwise.

  • Joint Intellectual Property means, collectively, Joint Know-How and Joint Patents.

  • Transferred Intellectual Property Rights means (a) the Transferred Patents, (b) the Transferred Copyrights, (c) the Transferred Internet Properties, (d) the Transferred Industrial Designs, (e) The Transferred Database Rights,(f) the Transferred Mask Work Rights, (g) the Transferred Trade Secrets, and (h) the Transferred Trademarks.

  • Intellectual Property Rights or IPR means copyright, rights related to or affording protection similar to copyright, rights in databases, patents and rights in inventions, semi-conductor topography rights, trade marks, rights in internet domain names and website addresses and other rights in trade or business names, designs, Know-How, trade secrets and other rights in Confidential Information; applications for registration, and the right to apply for registration, for any of the rights listed at (a) that are capable of being registered in any country or jurisdiction; and all other rights having equivalent or similar effect in any country or jurisdiction;

  • Pre-Existing Intellectual Property Rights means any Intellectual Property Rights vested in or licensed to the Client or the Contractor prior to or independently of the performance by the Client of the Contractor of their obligations under this Contract.

  • Company Intellectual Property means all Intellectual Property that is owned or held for use by the Company.

  • Intellectual Property Rights shall have the meaning ascribed to such term in Section 3.1(p).

  • Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

  • Intellectual Property the collective reference to all rights, priorities and privileges relating to intellectual property, whether arising under United States, multinational or foreign laws or otherwise, including copyrights, copyright licenses, patents, patent licenses, trademarks, trademark licenses, technology, know-how and processes, and all rights to xxx at law or in equity for any infringement or other impairment thereof, including the right to receive all proceeds and damages therefrom.

  • Owned Intellectual Property Rights means all Intellectual Property Rights owned or purported to be owned by the Company or any of its Subsidiaries.

  • Contractor Intellectual Property means any intellectual property owned by Contractor and developed independently from the Services.

  • Software Intellectual Property means:

  • Product Intellectual Property means all of the following related to a Divestiture Product (other than Product Licensed Intellectual Property):

  • Company Intellectual Property Agreements means any Contract governing any Company Intellectual Property to which the Company or any Subsidiary is a party or bound by, except for Contracts for Third-Party Intellectual Property that is generally, commercially available software and (A) is not material to the Company or any Subsidiary, (B) has not been modified or customized for the Company or any Subsidiary and (C) is licensed for an annual fee under $5,000.

  • Company Licensed Intellectual Property means Intellectual Property Rights owned by any Person (other than a Group Company) that is licensed to any Group Company.

  • Background Intellectual Property Rights means all Intellectual Property Rights owned, controlled, obtained, or licensed by a Party at any time prior to or after the term of this Agreement, or arising from development of Technology created independently of this Agreement.

  • Intellectual Property Rights (IPR) (11/18) means any patent rights, copyrights, trade secrets, trade names, service marks, trademarks, trade dress, moral rights, know-how and any other similar rights or intangible assets to which rights of ownership accrue, and all registrations, applications, disclosures, renewals, extensions, continuations, or reissues of the foregoing now or hereafter in force. “Key Personnel” (11/18) means the specific individuals identified in Section 3.11 to fill Key Positions.