Generic Competitors definition

Generic Competitors means, with respect to the Licensed Product being sold in any country, [***].
Sample 1Sample 2
Generic Competitors means, with respect to the Product being sold in a country, one or more Generic Drugs therefor, where a “Generic Drug” is a generic pharmaceutical product (a) sold under a Marketing Approval granted by a Regulatory Authority to a Third Party (who is not a Sublicensee of Licensee or otherwise has been authorized by Licensee to sell such product), (b) that contains the same Compound as the relevant Product (whether or not in the same formulation or a similar formulation as the Product), and (c) is approved in reliance on a prior Marketing Approval of the Product granted to by the applicable Regulatory Authority, including for the avoidance of doubt the Marketing Approval to be transferred from Licensor to Licensee in accordance with Article 4.6(a). For purposes of the foregoing, different salts, esters, ethers, isomers, mixtures of isomers, complexes or derivatives of the Compound shall be considered to be the same Compound, unless they differ significantly in properties with regard to safety and/or efficacy from such Compound.
Sample 1
Generic Competitors means, with respect to any Licensed Product being sold in the Territory, one or more Generic Drugs, where a Generic Drug is, with respect to any Licensed Product, a generic pharmaceutical product (a) sold under a marketing authorization granted by a Governmental Authority to a Third Party (who is not a licensee or sublicensee of Knight or otherwise authorized by Knight to sell such product), (b) that contains the same Compound or Compounds as the relevant Licensed Product as its active pharmaceutical ingredient(s) and (c) is approved in reliance on a prior Regulatory Approval of a Licensed Product granted to Licensor, Knight or an Affiliate or sublicensee of Licensor or Knight by the applicable Governmental Authority. [***] percent ([***]%) or more market share means that the sales of all such Generic Drugs in the Territory equal or exceed, on a unit volume basis, [***] percent ([***]%) of the total combined unit sales of the Licensed Product and all such Generic Drugs in any Calendar Quarter.
Sample 1

Examples of Generic Competitors in a sentence

  • The royalty reduction provided in this Section 9.5(c)(ii) shall only remain in effect for so long as the Generic Competitor(s) exceeds the market share threshold set forth above in the relevant calendar quarter.

  • Trade Comm’n, FTC Staff Issues FY 2017 Report on Branded Drug Firms’ Patent Settlements with Generic Competitors (Dec.

  • By introducing their generic products into the distribution channel, and representing their products as less-expensive and equivalent alternatives to the Debtor’s product, the Generic Competitors deprived the Debtor of product sales and injured its business.

  • See Press Release, FTC, FTC Staff Issues FY 2016 Report on Branded Drug Firms’ Patent Settlements with Generic Competitors (May 23, 2019), http://bit.ly/2I1Rwof.

  • We use three complementary measures of competition: Generic Competitors is the number of different manufacturers of a given molecule, including parallel imports;17 Number of other molecules in the 3-digit anatomical therapeutic category (ATC) measures therapeutic substitutes;18 Products of other molecules in the 4-digit ATC class measures the intensity of generic competition within the class of narrowly defined therapeutic substitutes.

  • If during the Royalty Term, the Generic Competitors have achieved a Generic Market Share of more than [***]% within the Licensee Territory, in lieu of the royalty rate specified in Article 6.4(a) above, the royalty rate applicable to Annual Royalty Bearing Net Sales of the Product shall be reduced to [***] percent ([***]%), irrespective of the level of Net Sales.

  • Trade Comm’n, FTC Study: In FY 2012, Branded Drug Firms Significantly Increased the Use of Potential Pay-for-Delay Settlements to Keep Generic Competitors off the Market (Jan.

  • For example, Pepsi and Maaza (fruit drink). Generic Competitors - Such type of competitors are those who market different products, but provide the same utility or benefit.

  • Butler, REMS–Restricted Drug Distribution Programs and the Antitrust Economics of Refusals to Deal with Potential Generic Competitors, 67 FLA.

  • Press Release, FTC, FTC Staff Issues FY 2016 Report on Branded Drug Firms’ Patent Settlements with Generic Competitors (May 23, 2019), https://www.ftc.gov/news-events/press-releases/2019/05/ftc-staff-issues-fy- 2016-report-branded-drug-firms-patent.

Related to Generic Competitors

  • Generic Competition has the meaning set forth in Section 7.4.3.

  • Competitors means any Person who is not an Affiliate of a Loan Party and who engages (or whose Affiliate engages), as its primary business, in the same or similar business as a material business of the Loan Parties.

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Direct Competitor means any individual, partnership, corporation, limited liability company, association, or other group, however organized, who competes with the Company in the full service restaurant business.

  • Competitive Products shall include any product or service that directly or indirectly competes with, is substantially similar to, or serves as a reasonable substitute for, any product or service in research, development or design, or manufactured, produced, sold or distributed by the Company;

  • Competing Product means [***].

  • Company Competitor means any competitor of the Borrower and/or any of its subsidiaries.

  • Generic Equivalent or "generically equivalent" means a drug that has an identical amount of the same active chemical ingredients in the same dosage form, that meets applicable standards of strength, quality and purity according to the United States pharmacopeia or other nationally recognized compendium and that, if administered in the same amounts, will provide comparable therapeutic effects. Generic equivalent or generically equivalent does not include a drug that is listed by the federal food and drug administration as having unresolved bioequivalence concerns according to the administration's most recent publication of approved drug products with therapeutic equivalence evaluations.

  • Competing Product or Service means any product or service that is sold in competition with, or is being developed and that will compete with, a product or service developed, manufactured, or sold by Fiserv. For purposes of this Section 5, Competing Products or Services as to you are limited to products and/or services with respect to which you participated in the development, planning, testing, sale, marketing or evaluation on behalf of Fiserv during any part of your employment with Fiserv, or after the termination of your employment, during any part of the 24 months preceding the termination of your employment with Fiserv, or for which you supervised one or more Fiserv employees, units, divisions or departments in doing so.

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Competitor means any individual, corporation, partnership or other entity that engages in (or that owns a significant interest in any corporation, partnership or other entity that engages in) any business conducted by the Company or any of its Affiliates.

  • Generic Product means a product which (a) contains as its active pharmaceutical ingredient a compound that is (or is substantially the same as) the Licensed Compound, and (b) has been placed on the market pursuant to a validly granted marketing authorization.

  • Generic String means a string consisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or things, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others.

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • Competitive Products or Services means, as of any time, those products or services of the type that any of the Bank Entities is providing, or is actively preparing to provide, to its customers.

  • Anti-competitive practice means any collusion, bid rigging or anti- competitive arrangement, or any other practice coming under the purview of the Competition Act, 2002, between two or more bidders, with or without the knowledge of the Bank, that may impair the transparency, fairness and the progress of the procurement process or to establish bid prices at artificial, non- competitive levels;

  • Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.

  • Competitive Business Activity means:

  • Competing Program has the meaning set forth in Section 8.5.

  • Competitive Activities means any business activities in which the Company or any other member of the Company Group engage (or have committed plans to engage) during the Term of Employment, or, following termination of Employee’s employment hereunder, was engaged in business (or had committed plans to engage) at the time of such termination of employment.

  • Competitive Business means any person or entity that engages in any business activity that competes with the Company’s business in any way, in any geographic area in which the Company engages in business, including, without limitation, any state in the United States in which the Company sells or offers to sell its products from time to time.

  • Least developed country end product means an article that—

  • Nondesignated country end product means any end product that is not a U.S.-made end product or a designated country end product.

  • Generic name means a short title which is descriptive of the premium and benefit patterns of a policy or a rider.

  • Therapeutic equivalent means that a Covered Drug can be expected to produce essentially the same therapeutic outcome and toxicity.

  • Competitive contracting means the method described in sections 45 through 49 of P.L.1999, c.440 (C.18A:18A-4.1 through C.18A:18A-4.5) of contracting for specialized goods and services in which formal proposals are solicited from vendors; formal proposals are evaluated by the purchasing agent or counsel or School Business Administrator; and the Board awards a contract to a vendor or vendors from among the formal proposals received.