Sopharma Territory definition
Examples of Sopharma Territory in a sentence
Sopharma shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the Licensed IP and/or Co-Owned New IP in the Sopharma Territory, to the extent permitted by law.
Extab shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the Co-Owned New IP in the Sopharma Territory, to the extent permitted by law.
To the extent not prohibited by applicable law, Achieve shall restrict (through contracts and/or purchase orders, marketing literature, shipping documents, or similar documents used when a supply, distribution or similar agreement is not in place) its customers and distributors and require similar restrictions throughout the supply chain, from selling or providing any Product for use or sale in the Sopharma Territory.
Sopharma shall have sole responsibility, at its expense, for preparing, assembling and submitting all approval applications needed to achieve regulatory approval for Active Agent Product in the Sopharma Territory which are required for the exercise of Sopharma’s rights to market Active Agent Product within the Sopharma Territory.
Neither Party shall license the Co-Owned New IP within the Sopharma Territory without the written consent of the other.
The Parties shall reasonably consult on the most appropriate manner to prosecute and maintain patent applications and issued patents in New Patent Rights in the Sopharma Territory to protect the mutual interests of the Parties.
Each party will keep the other Party advised of the status of such prosecution and maintenance of New Patent rights in the Sopharma Territory, including providing to the other Party copies of all patent applications and patents, and all official communications with respect to such patent applications and patents contained in New Patent Rights for the Sopharma Territory.
In the event the Non-Paying Party elects to forego Its obligation to contribute pro rata to maintain any issued patent or prosecute any patent application covered by New Patent Rights in the Sopharma Territory, at the written request of the Paying Party, the Non-Paying Party shall transfer and assign such patent application or patent to the Paying Party within 30 days of such notice and such patent, application or patent shall no longer fall under the definition of New Patent Rights.
The Parties shall share equally the costs and fees associated with the prosecution and maintenance of the patent applications and patents contained in the New Patent Rights for the Sopharma Territory.
In the event one Party (the “Non-Paying Party”) chooses not to contribute Its pro rata shares of the costs and fees associated with the prosecution and maintenance of the patent applications and patents contained in the New Patent Rights for the Sopharma Territory, the other Party (the “Paying Party”) shall have the right to assume responsibility for such prosecution and maintenance of the New Patent Rights in the Sopharma Territory.