New rights. Except as set out in this clause, all new intellectual property rights that are developed, commissioned or created for the purposes of this agreement or the services, including all new intellectual property rights in:
New rights. The parties shall cooperate to take whatever, if any, action they mutually agree upon in writing and in their respective discretion to prosecute patent applications and maintain patents covering rights which are jointly owned in accordance with Section 12.1(b)(iii). Such agreement shall include actions to be taken by each party and the allocation of expenses related to such action. Neither party shall seek patent protection covering such rights without such agreement.
New rights. The parties shall cooperate to take whatever, if any, actions they mutually agree upon in writing and in their respective discretion against the alleged infringer of rights which are jointly owned in accordance with Section 12.1(b). Such agreement shall include actions to be taken by each party and the allocation of expenses and recoveries related to such action. Neither party shall take any such action against the alleged infringer without the written consent of the other party although Company may take such action to the extent that CyDex determines not to without the requirement of additional consent from CyDex.
New rights. This Right may be divided or combined with other Rights upon presentation hereof at the aforesaid office of the Company, together with a written notice specifying the names and denominations in which new Rights are to be issued, signed by the Holder or its agent or attorney. Subject to compliance with Section 4(a), as to any transfer which may be involved in such division or combination, the Company shall execute and deliver a new Right or Rights in exchange for the Right or Rights to be divided or combined in accordance with such notice. All Rights issued on transfers or exchanges shall be dated the initial issuance date of this Right and shall be identical with this Right except as to the number of Right Shares issuable pursuant thereto.
New rights. All rights or patent title rights and/or copyright (particularly about softwares) protecting all the New Knowledge or only a part of them. Subcontactor: Third party participating in the project under the responsability of one of the Partners after the approval of the others. National financing: Financial aid granted to one of the Partners by a National Support Organization within the framework of the Project.
New rights. 6.1 The industry partner shall be substantively entitled to any results, especially the new rights, even if the contracting parties set out deviating provisions in Clause 8 regarding the external registra- tion of industrial property rights.
New rights. Discoveries, inventions, improvements and other technology, whether or not patentable, arising from the use of Captisol and/or any formulations containing Captisol shall be: [***] [***] [***] Inventorship shall be determined in accordance with US patent law. For clarity, rights [***].
New rights. The ownership of discoveries, inventions, improvements and other technology, whether or not patentable (each, a “Discovery”), made by Company’s and/or CyDex’s personnel and related to the subject matter of this Agreement, will be determined in accordance with U.S. Patent laws and ownership shall follow inventorship. The party other than the owning party agrees to cooperate fully in protecting the owning party’s rights and interests in to such Discovery. CyDex agrees to promptly disclose to Company any Discovery related to the Licensed Products. With respect to any Discovery related to the Licensed Products (as opposed to Captisol per se) made by CyDex personnel or made jointly by CyDex and Company (or its Affiliates’) personnel, CyDex hereby grants to Company an exclusive transferable, perpetual, and royalty-free license, in the Territory with the right to grant sublicenses (through multiple tiers of Sublicensees), to develop, make, have made, use, market, distribute, import, sell and offer for sale products and/or services incorporating the Discovery. If during the Term, CyDex files any patent application claiming any Discovery related to the Licensed Products ***Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. (as opposed to Captisol per se), anywhere in the world, Company shall be deemed automatically to have an exclusive transferable, perpetual, and royalty-free license in and for the Territory, with the right to grant sublicenses (through multiple tiers of Sublicensees), under the claims relating specifically to any Discovery related to the Licensed Products (as opposed to Captisol per se) and to make, have made, use, market, distribute, import, sell, and offer for sale products and/or services incorporating the Discovery.
New rights. The question who is to have rights to the results achieved within the framework of research conducted is at the very core of every research agreement. The only other equally important issue is that the contracting parties regulate how the actual work is to be organised. In the interest of strik- ing a fair balance in respect of the assignment of rights, the group of experts made a distinction between the different types of agreements on the one hand, and made a further distinction within the respective agreements themselves between issues relating the assignment of rights in sub- stantive terms (Clause 6) and regulations on filing an appli- cation and formal subsequent issues (Clause 8 ff). This distinction was also made because it takes the inter- est of the university/research institute in creating visibility in terms of registering industrial property rights (catch- phrase: initial priority application filed by the university, cf. Clause 8) into special consideration. Research cooperation Universities/research institutes become much more heavily involved in research cooperation than in contract research. The members of the group of experts therefore think it is reasonable to adopt a more differentiated approach to research results in order to find a solution that takes all interests into account. A distinction can be made between three different types of research results. If the results were achieved exclusively by the industry partner, the industry partner shall have all rights to these results (industry partner results). By contrast, results achieved exclusively by the university/research insti- tute or results in which the university/research institute’s staff have a share of more than 50 percent shall be results achieved by the university/research institute. Notwith- standing this, the university/research institute shall grant the industry partner an exclusive licence to these results, the financial terms of which can be defined in advance. This proposal allows the interests of both parties to be taken into account. It needs to be ensured on the one hand that the industry partner can utilise the results for com- mercial purposes whereas it needs to be ensured on the other that the university/research institute continues to be the proprietor of rights if it achieved the results alone. Disputes can easily arise over joint results, namely results achieved by the staff of the university/research institute together with staff of the industry partner. The...
