Necessary IPRs definition

Necessary IPRs means those IPRs, including but not limited to claims of all patents and patent applications throughout the world, existing now or hereafter issued or filed, that a Member, as applicable, owns or otherwise has a right to license, and that: (a) cover or directly relate to one or more of the Proposed Specifications and/or the Adopted Specifications within the FRAND Scope, as applicable; and (b) would be infringed by an implementation of any Proposed Specifications and/or Adopted Specifications within the FRAND Scope, as applicable, where such infringement could not have been avoided by another commercially reasonable non-infringing implementation of such Proposed Specifications and/or Adopted Specifications, as applicable, and such infringement is necessary to meet the implementation requirements of the Proposed Specifications and/or Adopted Specifications, as applicable. Necessary IPRs shall not include any IPRs covering any enabling technologies that are used in the manufacture of products that comply with the Proposed Specifications and/or Adopted Specifications, but are not expressly designated in the Proposed Specifications and/or Adopted Specifications (e.g., semiconductor manufacturing technology, compiler technology, object oriented technology, basic operating system technology, etc.). If a Member asserts that any IPR is not a Necessary IPR on the basis that there is a commercially reasonable alternative to the infringing implementation of the Adopted Specification, such Member shall provide the Technical Working Group with sufficient documentation evidencing the availability of such a commercially reasonable alternative.
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Necessary IPRs means those IPRs, with the exclusion of Excluded IPRs, including but not limited to claims of all patents and patent applications throughout the world, existing now or hereafter issued or filed, that a Member, as applicable, owns or has a right to, and that: (a) cover or directly relate to one or more of the Proposed Specifications and/or the Adopted Specifications within the Royalty Free Scope, as applicable; and (b) would be infringed by an implementation of any Proposed Specifications and/or Adopted Specifications within the Royalty Free Scope, as applicable, where such infringement could not have been avoided by another commercially reasonable non-infringing implementation of such Proposed Specifications and/or Adopted Specifications, as applicable, and such infringement is necessary to meet the implementation requirements of the Proposed Specifications and/or Adopted Specifications, as applicable. Necessary IPRs shall not include any IPRs covering any enabling technologies that are used in the manufacture of products that comply with the Proposed Specifications and/or Adopted Specifications, but are not expressly designated in the Proposed Specifications and/or Adopted Specifications (e.g., semiconductor manufacturing technology, compiler technology, object oriented technology, basic operating system technology, etc.). If a Member asserts that any IPR is not a Necessary IPR on the basis that there is a commercially reasonable alternative to the infringing implementation of the Adopted Specification, such Member shall provide the Technical Working Group with sufficient documentation evidencing the availability of such a commercially reasonable alternative.
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Necessary IPRs means those IPRs (including, but not limited to, all patents and patent applications, database rights or copyrights) throughout the world, existing now or hereafter issued or filed, that would be necessarily infringed by an implementation of any Proposed Specifications, if approved as Adopted Specifications, and/or Adopted Specifications, as applicable, where such infringement could not have been avoided by another commercially reasonable non-infringing implementation of such Proposed Specificationsand/or Adopted Specifications, as applicable, and such infringement is necessary to meet the implementationrequirements of the Proposed Specifications and/or Adopted Specifications, as applicable. Necessary IPRs shall not include any intellectual property rights covering any enabling technologies that are used in the manufacture of products that comply with the Proposed Specifications and/or Adopted Specifications, but are not expressly designated in the Proposed Specifications and/or Adopted Specifications (e.g., semiconductor manufacturing technology, compiler technology, object oriented technology, basic operating system technology, etc.).
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Examples of Necessary IPRs in a sentence

  • Nothing contained in this IPR Policy will be construed as granting or conferring any rights by licence, expressly, impliedly or otherwise, concerning each Member’s Background other than Necessary IPRs, unless differently provided in this IPR Policy.

  • PRIME or Members may seek an assurance from non-Members as to whether they will agree to license their Necessary IPRs on a FRAND basis.

  • Each Member shall, in the form requested by the Association, as soon as Proposed Specifications have been disclosed, as a result of a Reasonable and Good Faith Inquiry disclose, within sixty (60) days of this disclosure, whether such Member or non Member has any Necessary IPRs (but only to the extent determined by such Reasonable and Good Faith Inquiry) with regard to Proposed Specifications submitted by a Member and/or any Adopted Specifications (the "Review Period").

  • If any Necessary IPRs of a Member are identified, the Member shall upon written request grant a FRAND license to such Necessary IPRs and any Necessary IPRs which would be identified thereafter, to the Members and non Members pursuant to Section 4 below but subject to the exceptions provided in Section 5 of this IPR Policy.

  • Necessary IPRs and (Joint) Foreground (co-)owned by the Association shall be automatically licensed to Members and non Members in accordance with Section 4.1 of the present IPR Policy(which shall apply mutatis mutandis), for the duration of the Necessary IPRs / IPRs on the Foreground.

  • The Members agree that any Necessary IPRs or (Joint) Foreground owned by the Association shall be automatically licensed by the Association to the Members and non Members in accordance with the provisions set out below.

  • Each Member shall, in the form requested by the Association, as soon as Proposed Specifications have been disclosed to him, as a result of a Reasonable and Good Faith Inquiry disclose, within thirty (30) days of this disclosure, whether such Member has any Necessary IPRs with regard to Proposed Specifications submitted by another Member and/or any Adopted Specifications (the "Review Period").

  • If any Necessary IPRs of a Member are identified, the Member shall upon written request xxxxx x XXXXX license to such Necessary IPRs and any Necessary IPRs which would be identified thereafter, to the Members and non Members pursuant to Section 4 below but subject to the exceptions provided in Section 5 of this IPR Policy.

  • Further, such RF Exclusion Notice shall not be effective to exclude Necessary IPRs in either (i) an Adopted Specification, adopted prior to the Technical Working Group’s receipt of such Exclusion Notice or (ii) a portion of a Proposed Specification for which a Review Period has been completed prior to the Executive Director’s receipt of such Exclusion Notice.

  • The DOT for the DMS Plant was calculated as described in Table 3.8 using historical downtime data (2011 to 2015).


More Definitions of Necessary IPRs

Necessary IPRs means those IPRs (including, but not limited to, all patents and patent applications, database rights or copyrights) throughout the world, existing now or hereafter issued or filed, that cover or directly relate to one or more of the Proposed Specifications, i.e., that would necessarily be infringed by implementation of one or more of the Specifications.
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Related to Necessary IPRs

  • Necessary Authorizations means all approvals and licenses from, and all filings and registrations with, any governmental or other regulatory authority, including, without limiting the foregoing, the Licenses and all approvals, licenses, filings and registrations under the Communications Act, necessary in order to enable the Borrower and its Subsidiaries to own, construct, maintain, and operate communications tower facilities and to invest in other Persons who own, construct, maintain, manage and operate communications tower facilities.

  • necessary skills means skills and experience, other than professional qualifications, specified by the Corporation as appropriate for members to have;

  • Necessary Action means, with respect to a specified result, all actions (to the extent such actions are permitted by applicable law and within such party’s control) necessary to cause such result, including (i) voting or providing a written consent or proxy with respect to shares of Common Stock, (ii) causing the adoption of stockholders’ resolutions and amendments to the organizational documents of the Company, (iii) executing agreements and instruments and (iv) making, or causing to be made, with governmental, administrative or regulatory authorities, all filings, registrations or similar actions that are required to achieve such result.

  • Third Party Components means software and interfaces, licensed by RIM from a third party for incorporation into a RIM software product, or for incorporation into firmware in the case of RIM hardware products, and distributed as an integral part of that RIM product under a RIM brand, but shall not include Third Party Software.

  • Necessary Claims means claims of any patent or patent application, other than design patents and design registrations, in any jurisdiction in the world: (a) for which a GAIN POC Member has the right, at any time when this Policy is effective, to grant licenses or rights of the nature granted herein without such grant resulting in payment of royalties or other consideration to third parties (except for payments to Related Entities or employees); and (b) that are necessarily infringed by Compliant Portions of a particular Implementation. A claim is necessarily infringed hereunder only when such infringement could not have been avoided by another commercially reasonable non- infringing implementation of Compliant Portion(s) of that particular Implementation based on the state of the art when the applicable Final Specification is/was deemed final (or when the Implementers Draft was approved, as applicable), in accordance with the applicable OpenID Process. “Necessary Claims” do not, however, include any claims of any patent or patent application that read on: (x) any enabling technologies that may be necessary to make or use any product or service (or portion of either) that complies with an Implementers Draft or Final Specification, but that are not themselves expressly set forth in such Implementers Draft or Final Specification; (y) the implementation of other published standards not developed by or for the OpenID Foundation; or (z) any portion(s) of any product or service (or any combination of such portion(s)) the sole purpose or function of which is not required to comply with an Implementers Draft or Final Specification.;

  • Necessary preconstruction approvals or permits means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.

  • Company IP Rights means all Intellectual Property owned, licensed, or controlled by the Company or its Subsidiaries that is necessary for or used in the operation of the business of the Company and its Subsidiaries as presently conducted.

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

  • IPRs means patents, inventions, trade marks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom) and the right to sue for passing off.

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

  • Licences means conditional use of another party’s intellectual property rights.

  • Company IP Licenses (other than “shrink wrap,” “click wrap,” and “off the shelf” software agreements and other agreements for Software commercially available on reasonable terms to the public generally with license, maintenance, support and other fees of less than $5,000 per year (collectively, “Off-the-Shelf Software Agreements”), which are not required to be listed, although such licenses are “Company IP Licenses” as that term is used herein), under which a Target Company is a licensee or otherwise is authorized to use or practice any Intellectual Property, and describes (A) the applicable Intellectual Property licensed, sublicensed or used and (B) any royalties, license fees or other compensation due from a Target Company, if any. Each Target Company owns, free and clear of all Liens (other than Permitted Liens), has valid and enforceable rights in, and has the unrestricted right to use, sell, license, transfer or assign, all Intellectual Property currently used, licensed or held for use by such Target Company, and previously used or licensed by such Target Company, except for the Intellectual Property that is the subject of the Company IP Licenses. For each Patent and Patent application in the Company Registered IP, the Target Companies have obtained valid assignments of inventions from each inventor. Except as set forth on Schedule 4.13(a)(iii), all Company Registered IP is owned exclusively by the applicable Target Company without obligation to pay royalties, licensing fees or other fees, or otherwise account to any third party with respect to such Company Registered IP.

  • Collaboration Technology means all Collaboration Patents and Collaboration Know-How.

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

  • 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.

  • Necessary Consents means all planning permissions and all other consents, licences, permissions, certificates, authorisations and approvals whether of a public or private nature which shall be required by any Competent Authority for the Permitted Use;

  • 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.

  • IPR means all intellectual property and proprietary rights throughout the world, including, without limitation, all copyrights, trademarks, trade secrets, patents, moral rights, and other rights protecting data, information or intangible property throughout the world.

  • 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.

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

  • Third Party Technology means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

  • Assistive technology device means any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capacities of a child with a disability.

  • 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.

  • Regulatory Approvals means any registrations, licenses, authorizations, permits or approvals issued by any Governmental Authority and applications or submissions related to any of the foregoing.

  • 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.

  • Development Approvals means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to: (a) general plan, general plan amendments, specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits and master plans; (d) zoning, zoning map amendments, and zoning text amendments; and, (e) grading and building permits.