Common use of Scientific Papers Clause in Contracts

Scientific Papers. Licensee may present, disclose or publish any information, data (including Data), and other results related to a Product in the Field that have not previously been presented, disclosed or published (“Product Information”) through scientific publications in accordance with this Section 10.6. (a) Licensee shall provide to Licensor, prior to submission for publication, a draft of the proposed submission concerning the Product Information which have been prepared by or on behalf of Licensee (or by a Clinical Study site contracted by such Party as sponsor of the relevant Clinical Study) or through any Investigator Sponsored Clinical Studies (each a “Scientific Paper”) to be published in indexed medical and scientific journals and similar publications (“Medical Journals”). (b) Commencing with the receipt of such draft Scientific Paper, the Licensor shall have [***] to notify the Licensee of its consent or denial with respect to the publication of such Scientific Paper (it being understood that, during such [***] period, no submission for publication thereof shall take place). (c) In the event the Licensor consents to the publications, but has comments thereto, Licensee shall, in good faith, consider the comments made by the Licensor, particularly if such publication may be prejudicial to the Licensor’s opportunity to obtain any Patent rights. (d) Licensor may require that the publication of such Scientific Paper be suspended for a period of time not exceeding [***] to permit a Patent to be filed on inventions, patentability of which could be negatively impacted by the prior disclosure of the proposed Scientific Paper. (e) Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. (f) The Licensee shall provide to Licensor copies of any final Scientific Paper accepted by a Medical Journal within [***] after the approval thereof, subject to applicable Medical Journal publisher’s rules, guidelines and any other health care compliance guidelines. (g) To enable free exchange of copyrighted material between the Parties, each Party agrees that it has or shall (i) obtain and maintain, at its own expense, an annual copyright license or equivalent license from the copyright clearance center and (ii) list the other Party as a collaborator in an agreement with the copyright clearance center if required by such agreement. (h) Notwithstanding anything to the contrary in this Section 10.6, with respect a Scientific Paper containing Asset and Product Information arising from an Investigator Sponsored Clinical Study supported by Licensee, each Party will use reasonable efforts to follow the process described above, subject to compliance with best practices guidelines in the pharma industry and the provisions of Licensee’s agreement with the Third Party sponsor.

Appears in 1 contract

Sources: License and Commercialization Agreement (ACELYRIN, Inc.)

Scientific Papers. Licensee Each Party may present, disclose or publish any information, data (including Data), and other results related to a the Compound and the Product in the Field that have not previously been presented, disclosed or published (“Compound and Product Information”) through scientific publications in accordance with this Section 10.6Article 9.6 and subject to any obligations set forth under Licensor’s agreements with Third Party licensees. (a) Licensee Each Party shall provide to Licensorthe other Party, prior to submission for publication, a draft of the proposed submission concerning the Compound and Product Information which have been prepared by or on behalf of Licensee such Party (or by a Clinical Study site contracted by such Party as sponsor of the relevant Clinical Study) or through any Investigator Sponsored Clinical Studies (each a “Scientific Paper”) to be published in indexed medical and scientific journals and similar publications (“Medical Journals”). (b) Commencing with the receipt of such draft Scientific Paper, the Licensor receiving Party shall have [***] ([***]) Business Days to notify the Licensee sending Party of its consent or denial with respect to the publication of such Scientific Paper (it being understood that, during such [***] ([***]) Business Day period, no submission for publication thereof shall take place). (c) In the event the Licensor receiving Party consents to the publications, but has comments thereto, Licensee the Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the Licensorreceiving Party, particularly if such publication may be prejudicial to the Licensorreceiving Party’s opportunity to obtain any Patent rights. (d) Licensor The receiving Party may require that the publication of such Scientific Paper be suspended for a period of time not exceeding [***] ([***]) days to permit a Patent to be filed on inventions, patentability of which could be negatively impacted by using the prior disclosure of Know-How covered in the proposed Scientific Paper. (e) Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. (f) The Licensee sending Party shall provide to Licensor the receiving Party copies of any final Scientific Paper accepted by a Medical Journal within [***] ([***]) Business Days after the approval thereof, subject to applicable Medical Journal publisher’s rules, guidelines and any other health care compliance guidelines. (g) To enable free exchange of copyrighted material between the Parties, each Party agrees that it has or shall (i) obtain and maintain, at its own expense, an annual copyright license or equivalent license from the copyright clearance center and (ii) list the other Party as a collaborator in an agreement with the copyright clearance center if required by such agreement. (h) Notwithstanding anything to the contrary in this Section 10.6Article 9.6, Licensor retains the right to publish, subject to subsections (a), (d), (e), (f) and (g), Compound and Product Information arising from the Ongoing Clinical Studies. (i) Notwithstanding anything to the contrary in this Article 9.6, with respect a Scientific Paper containing Asset Compound and Product Information arising from an Investigator Sponsored Clinical Study supported by Licenseea Party, each Party will use reasonable efforts to follow the process described abovein subsections (a), (d), (e), (f) and (g), subject to compliance with best practices guidelines in the pharma industry and the provisions of Licenseesuch Party’s agreement with the Third Party sponsor.

Appears in 1 contract

Sources: License Agreement (Puma Biotechnology, Inc.)