Global Branding Strategy. Auxilium shall have the right, from time to time during the Term, to implement (and thereafter modify and update) a global branding strategy, including global messaging, for the Product for use in the Field throughout the world (the “Global Branding Strategy”). To the extent Auxilium determines to utilize such Global Branding Strategy, Pfizer shall use Commercially Reasonable Efforts to adhere to the Global Branding Strategy in its Commercialization of the Product, including with respect to any Promotional Materials; provided, that, in the event that Pfizer believes that the application of the Global Branding Strategy in a particular country in the Territory would be inappropriate whether because of such country’s linguistic or cultural particularities, because it is against the Laws of such country or because Pfizer reasonably determines it would be inconsistent with Pfizer’s obligation to use Commercially Reasonable Efforts to Commercialize the Territory, Pfizer shall present such concern to Auxilium, and the Parties shall discuss whether appropriate revisions to the Global Branding Strategy may make it appropriate for use in such country. Nothing in this Section shall be construed to derogate from Pfizer’s ultimate right and responsibility to use Commercially Reasonable Efforts to Commercialize the Product in the Territory in accordance with the terms and conditions of this Agreement. ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.
Global Branding Strategy. The Program 1 JCC shall have the right but not the obligation, from time to time during the Term, to implement (and thereafter modify and update) a global branding strategy, including global positioning (the “Global Branding Strategy”), for the Program 1 Product throughout the world. Each Party shall strive to adhere to the Global Branding Strategy in its Commercialization of the Program 1 Product in its territory. Incyte shall have sole discretion over Global Branding Strategy for the Program 2 Product, [**] Products, and Novel Program Products.
Global Branding Strategy. The JCC will develop a global branding strategy for Shared Products in the Territory, including, with respect to each Shared Product, a life cycle plan, brand vision, positioning, key messaging, concept and imagery, Trademarks (including name and logos), brand public relations and supporting market research (the “Global Branding Strategy”) and submit such strategy to the JSC for approval.
Global Branding Strategy. Onyx shall have the right, from time to time during the Term, to implement (and thereafter modify and update) a global branding strategy, including global messaging, for Product for use in the Field throughout the world (the “Global Branding Strategy”). To the extent Onyx determines to utilize such Global Branding Strategy, Ono shall use Commercially Reasonable Efforts to adhere to the Global Branding Strategy in its Commercialization of Product, including with respect to any Promotional Materials; provided, that, in the event that Ono believes that the application of the Global Branding Strategy in the Territory would be inappropriate because of linguistic or cultural particularities, because it is against the Laws of the Territory or because Ono reasonably determines it would be inconsistent with Ono’s obligation to use Commercially Reasonable Efforts to Commercialize Product in the Territory, Ono shall present such concern to Onyx, and the Parties shall discuss whether appropriate revisions to the Global Branding Strategy may make it appropriate for use in the Territory. Nothing in this Section 6.10 shall be construed to derogate from Ono’s ultimate right and responsibility to use Commercially Reasonable Efforts to Commercialize Product in the Territory in accordance with the terms and conditions of this Agreement.
Global Branding Strategy. Atara shall have the right, from time to time during the Term, to implement (and thereafter modify and update) a global branding strategy, including global messaging and imagery, for the Product for use in the Field throughout the world (the “Global Branding Strategy”). To the extent Atara determines to implement use of such Global Branding Strategy, Partner shall use Commercially Reasonable Efforts to adhere to the Global Branding Strategy in its Commercialization of the Product in the Field in the Territory including with respect to any Promotional Materials; provided, that, in the event that Partner believes that the application of the Global Branding Strategy in a particular country in the Territory would be inappropriate whether because of such country’s linguistic or cultural particularities, because it is against the Laws of such country, because of risk of infringing Third Party rights or because Partner reasonably determines it would be inconsistent with Partner’s obligation to use Commercially Reasonable Efforts to Commercialize the Product in the Field in the Territory, Partner will not be obliged to apply such Global Branding Strategy.
Global Branding Strategy. At least [**] prior to the anticipated First Commercial Sale of the first Product in the later of the Sobi Territory or the Apellis Territory, the JCC shall discuss in good faith and use reasonable efforts to agree and submit to the JEC to review, discuss, and determine whether to approve, an initial Global Branding Strategy. If the Parties cannot agree upon a Global Branding Strategy, the Parties shall instead reasonably coordinate on Product branding matters.
Global Branding Strategy. Agenus will control the global branding strategy (including global positioning, messages, logo, colors and other visual branding elements) for the Licensed Antibodies and Licensed Products throughout the world (the “Global Branding Strategy”). Betta will comply with the Global Branding Strategy; provided, however, that Betta will be permitted to deviate from the Global Branding Strategy for a Licensed Product in relation to the Territory to the extent [*] (such deviations “Permissible Deviations”). Betta will discuss any Permissible Deviation from the Global Branding Strategy with Agenus and consider any comments Agenus may have with respect thereto [*].
Global Branding Strategy. For both the E2609 Eisai Collaboration Product and the BAN2401 Eisai Collaboration Product, the JCC shall develop and implement (and thereafter update from time to time, in each case with the approval of the JSC) a global branding strategy, including global positioning and global brand elements (as listed on Exhibit 5.3 attached hereto), for such Eisai Collaboration Product for use in the Field in the Territory (each, a “Global Branding Strategy”) with such Global Branding Strategy to be approved by the JSC no later than the first Initial Launch Plan.
Global Branding Strategy. The Global Branding Strategy for each Eisai Collaboration Product shall include policies on at least the following elements: • Brand Colors • Logos • Trademark/Tradename • “Look and Feel” • Similar Trade Dress • typography (name) • packaging design 132676890_1 Exhibit 7.7 Obligations under Existing Third Party Licenses [***] 24 132676890_1 Exhibit 8.1(a) Form of Commercialization Agreement 132676890_1 COMMERCIALIZATION AGREEMENT This COMMERCIALIZATION AGREEMENT (this “Agreement”) is entered into as of October 22, 2017 (the “Effective Date”) by and between EISAI CO., LTD., a Japanese corporation having its principal place of business at 0-0-00, Xxxxxxxxx, Xxxxxx-xx Xxxxx 000- 0000, Xxxxx (“Eisai Commercialization Entity” or “Eisai”) and BIOGEN INTERNATIONAL GMBH, a Swiss corporation having its principal place of business at Xxxxxx & Xxx-Xxxxxxx 0, 0000 Xxx, Xxxxxxxxxxx (“Biogen Commercialization Entity”). Eisai Commercialization Entity and Biogen Commercialization Entity are sometimes referred to herein individually as a “Commercialization Entity” and collectively as the “Commercialization Entities”. Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in that certain Xxxxxxx and Restated Collaboration Agreement (the “Collaboration Agreement”), dated as of October 22, 2017, by and between Eisai and BIOGEN MA INC., a Massachusetts corporation having its principal place of business at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 (“Biogen”).
Global Branding Strategy. Subject to Section 9.2(b)(vi), OPKO shall have the right, from time to time during the Term, to implement (and thereafter modify and update) a global branding strategy, including global messaging, for the Product for use in the Field throughout the world (the “Global Branding Strategy”). The Parties intend to collaborate in developing and updating the Global Branding Strategy. To the extent OPKO determines to utilize such Global Branding Strategy, VF shall adhere to the Global Branding Strategy in its commercialization of the Product, including with respect to any newly designed promotional materials; provided, that, in the event that VF believes that the application of the Global Branding Strategy in a particular country or a region in the Territory would be inappropriate whether because of such country’s linguistic or cultural particularities, competitive environment, clinical practices, because it is against the Applicable Laws of such country or because VF reasonably determines it would be inconsistent with VF’s obligation to use Commercially Reasonable Efforts to commercialize the Territory, VF shall present such concern to OPKO, and the Parties shall discuss whether appropriate revisions to the Global Branding Strategy may make it appropriate for use in such country. If the the Parties do not reach consensus on the application of the Global Branding Strategy, [***]; provided, however, that the matter may be referred by either Party for resolution as provided under Section 21.3 and both Parties shall abide by such resolution. Nothing in this Section shall be construed to derogate from VF’s ultimate right and responsibility to use all Commercially Reasonable Efforts to commercialize the Product in the Territory in accordance with the terms and conditions of this Agreement.
