Misappropriation means that the Employee (i) uses Confidential Information (as defined below) for the benefit of anyone other than the Employers or an Affiliate, as the case may be, or discloses the Confidential Information to anyone not authorized by the Employers or an Affiliate, as the case may be, to receive such information; (ii) upon termination of employment, makes any summaries of, takes any notes with respect to or memorizes any Confidential Information or takes any Confidential Information or reproductions thereof from the facilities of the Employers or an Affiliate or (iii) upon termination of employment or upon the request of the Employers or an Affiliate, fails to return all Confidential Information then in the Employee’s possession. For the avoidance of doubt, “Misappropriation” does not include disclosure of Confidential Information to a governmental regulatory agency, such as the U.S. Securities and Exchange Commission, provided that the Employee informs the agency that the Employers and/or Affiliates deem the information to be confidential. “Confidential Information” shall mean any confidential and proprietary drawings, reports, sales and training manuals, customer lists, computer programs and other material embodying trade secrets or confidential technical, business, or financial information of the Employers or an Affiliate.
Misappropriation means depriving, defrauding, or otherwise obtaining the real or personal property of a resident by any means prohibited by the Revised Code, including violations of Chapter 2911. or 2913. of the Revised Code.
Misappropriation means misappropriation of Research Funds such as fraudulent use of Research Funds, wasting Research Funds, and abusing Research Funds. Spending the Research Funds for a purpose other than the Collaborative Research is included in Misappropriation.
Examples of Misappropriation in a sentence
JST's determination of a Misappropriation or Misconduct by the Research Institute or any researcher or personnel of the Research Institute pursuant to the foregoing sentence shall be final and binding on the Research Institute and any such researcher or personnel, regardless of the views or opinions of the Research Institute or any such researcher or personnel.
If the Misappropriation or Misconduct is determined, JST shall have a right to suspend or terminate the Collaborative Research, order the Research Institute to return all or part of the Research Funds, and to announce the details of such Misappropriation or Misconduct officially.
The Research Institute shall prevent and take measures against improper conduct such as Misappropriation and Misconduct, including the use of Research Funds for a purpose other than the Collaborative Research and acquisition of the Research Funds through fraudulent means.
Furthermore, the Research Institute agrees and acknowledges that the Research Institute and its researchers involved in Misappropriation or Misconduct shall not be allowed to participate in JST's programs and other public research programs of Japan for a period JST determines.
In case JST has a suspicion in its sole and absolute discretion about a certain action or inaction by the Research Institute or any researcher or personnel participating in the Collaborative Research and employed by the Research Institute constitutes Misappropriation or Misconduct, JST shall have a right in its sole and absolute discretion to take action(s) against the Research Institute such as conducting necessary interviews of the Research Institute’s personnel and inspections.
More Definitions of Misappropriation
Misappropriation means either of the following:
Misappropriation means depriving, defrauding, or otherwise obtaining the real or personal property of an individual by any means prohibited by the Revised Code, including Chapters 2911. and 2913. of the Revised Code.
Misappropriation means acquisition, disclosure, or use of a trade secret of another without express or implied authority or consent, unless such trade secret was arrived at by independent development, reverse engineering, or was obtained from another person with a right to disclose the trade secret.
Misappropriation means that the Employee (i) uses Confidential Information (as defined below) for the benefit of anyone other than the Employers or an Affiliate, as the case may be, or discloses the Confidential Information to anyone not authorized by the Employers or an Affiliate, as the case may be, to receive such information; (ii) upon termination of employment, makes any summaries of, takes any notes with respect to or memorizes any Confidential Information or takes any Confidential Information or reproductions thereof from the facilities of the Employers or an Affiliate or (iii) upon termination of employment or upon the request of the Employers or an Affiliate, fails to return all Confidential Information then in the Employee’s possession. For the avoidance of doubt, “Misappropriation” does not include disclosure of Confidential Information in the reporting of any allegations of unlawful conduct to any governmental official for investigation, including by filing a charge or complaint with any federal, state or local governmental agency or commission, such as the U.S. Securities and Exchange Commission, or by participating in any such agency or commission’s investigation without notice to the Employer, or to an attorney, provided that the Employee informs the official, agency, commission or attorney that the Employers and/or Affiliates deem the information to be confidential. The Employee may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made: (a) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and provided that such disclosure is solely for the purpose of reporting or investigating a suspected violation of the law, or (b) in a complaint or other document filed in a lawsuit or other proceeding, provided that such filing is made under seal. Additionally, in the event the Employee files a lawsuit against the Employer for retaliation by the Employer against the Employee for reporting a suspected violation of law, the Employee has the right to provide trade secret information to their attorney and use the trade secret information in the court proceeding, although the Employee must file any document containing the trade secret under seal and may not disclose the trade secret, except pursuant to court order.
Misappropriation means any of the following:
Misappropriation means any acquisition, appropriation or utilization of GRTK by unfair or illicit means. Misappropriation may also include deriving commercial benefit from the acquisition, appropriation or utilisation of GRTK when the Party using that GRTK knows, or should know, that it was acquired or appropriated by unfair means and other activities contrary to honest practices that gain inequitable benefit from GRTK. This section lays out what the commitment of each party entails. In short, it is not only compliance for itself but also the effort to protect against such misuse by others. This, obviously, to the extent a party can protect. C Subject to compliance with its obligation referred to in section B of this article, each Party shall, in respect of the intellectual property protection of GRTK, accord, within its territory, (i) to individuals who are nationals of, or are domiciled in the territory of the other Party, and (ii) to legal entities which or individuals who, in the territory of the other Party have a real and effective establishment for the creation, production and transaction of GRTK, the same treatment that it accords to its own nationals. This section ensures each party treats the two groups mentioned identically to parties under its own jurisdiction, effectively maintaining a level playing field. D Any access to and use of GRTK by a Party under the implementation of this Agreement shall require a prior consent from the other Party. The This section sets out the requirement for explicit approval for use of GRTK from the other party and Parties shall ensure that the local communities concerned shall be informed beforehand of the access and be informed of the results of the cooperative and/or collaborative activities using such GRTK. ensures that the GRTK holders, as a third party, are informed before and after the use of the GRTK E The benefits of protection of GRTK to which its holders are entitled include the fair and equitable sharing of benefits arising out of the commercial or industrial use of that GRTK. This section sets out the GRTK holders have a right to compensation. F When Licensee utilises GRTK for commercial purpose, it shall, on behalf of local communities concerned, be entitled to use the intellectual property right(s), where appropriate, and sharing of the associated benefits. This section ensures that Licensee is able to obtain intellectual property rights, however that it does so on behalf of local communities and provided that it sh...
Misappropriation means doing any of the following: