Common use of Compulsory Licenses Clause in Contracts

Compulsory Licenses. If a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 5.6.2 or 5.6.3, as applicable, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for the First Commercial Sale of Products) of a product, then the royalty rate to be paid by Merck on Net Sales in that country under Section 5.6.2 and 5.6.3, as applicable, shall be reduced to the rate paid by the compulsory licensee.

Compulsory Licenses. If a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 5.6.2 or 5.6.3, as applicable, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for the First Commercial Sale of Products) of a product5.1.1, then the royalty rate to be paid by Merck ACORDA on Net Sales in that country under Section 5.6.2 and 5.6.3, as applicable, 5.1.1 shall be reduced to the rate paid by the compulsory Third Party licensee.

Compulsory Licenses. If a compulsory license is granted to a Third Party with respect to Royalty Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 5.6.2 5.4.2 or 5.6.35.4.3, as applicable, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for the First Commercial Sale of Products) of a product, then the royalty rate to be paid by Merck Agensys on Net Sales in that country under Section 5.6.2 and 5.6.35.4.2 or 5.4.3, as applicable, shall be reduced to the rate paid by the compulsory licensee. In such case, the Net Sales which is subject to the royalty reduction as stipulated in this section 5.4.6 shall be excluded from the calculation of the royalty rate in Section 5.4.2.

Compulsory Licenses. If a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 5.6.2 or 5.6.3, as applicable, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for the First Commercial Sale of Products) of a product4.3.1, then the royalty rate to be paid by Merck Licensee on Net Sales in that country under Section 5.6.2 and 5.6.3, as applicable, 4.3.1 shall be reduced to the rate paid by the compulsory licensee. [45] Important provision for the Licensee to include in order to avoid paying higher royalty rates.

Compulsory Licenses. If a compulsory license is granted to a Third Party with respect to Royalty Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 5.6.2 5.5.2 or 5.6.35.5.3, as applicable, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for the First Commercial Sale of Products) of a product, then the royalty rate to be paid by Merck on Net Sales in that country under Section 5.6.2 and 5.6.35.5.2 or 5.5.3, as applicable, shall be reduced to the rate paid by the compulsory licensee.

Compulsory Licenses. If a compulsory license is granted to a Third Party with respect to Product Candidate or Product in any country in the Territory with a royalty rate amount lower than the royalty rate amount provided by Section 5.6.2 or 5.6.35.2.3(a), as applicablethen, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for following the First Commercial Sale of Products) of a productCompetitive Product in such country under such compulsory license, then the royalty rate amount to be paid by Merck on Net Sales in that country under Section 5.6.2 and 5.6.3, as applicable, 5.2.3(a) shall be reduced to the rate amount paid by the compulsory licenseelicensee during the term of such compulsory license.

Compulsory Licenses. If a compulsory license is granted to a Third Party with respect to Royalty Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 5.6.2 9.6.1(a) or 5.6.3Section 9.6.1(b), as applicable, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for the First Commercial Sale of Products) of a product, then the royalty rate to be paid by Merck on Net Sales in that country under Section 5.6.2 and 5.6.3, as applicable, 9.6.1(a) or Section 9.6.1(b) shall be reduced to the rate paid by the compulsory licensee.