UPCA Sample Clauses

UPCA. A reversal of the burden of proof applies in both of the two possible scenarios envisaged by Article 34 of the TRIPS Agreement. However, unlike the TRIPS Agreement, the contracting states cannot choose to reverse the burden of proof in only one of the two scenarios. As an aside, it is evident that Article 55 UPCA therefore strengthens the position of proprietors of process claims vis-à-vis the TRIPS Agreement in those contracting states that chose to reverse the burden of proof in only one of the two scenarios (for example, Germany and the UK). The position will not be affected in those contracting states that reversed the burden of proof in both scenarios under the TRIPS Agreement (for example, France and Italy).
Sample 1
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UPCA. Claims directed at obtaining new products: the identical product can be deemed to have been obtained by the patented process.
Sample 1
UPCA. Claims directed at obtaining known products – reversal of the burden of proof if – a substantial likelihood exists that the identical product was made by the patented process and – the proprietor has been unable, despite reasonable efforts, to determine the process actually used. Exception to the applicability of Articles 54 and 55 UPCA National law may provide for different rules governing when the burden of proof is reversed. Typical facts in an infringement claim Typical facts relied upon by claimants In a typical case, the claimant (i.e. proprietor or exclusive licensee) may be claiming an injunction and damages for the alleged direct infringement of a product claim. Pursuant to the general rule set out in Article 54 UPCA, the claimant will offer evidence for the following facts: – The product falls within the protection of one or more of the product claims of the patent. – The defendant is engaged in one or more of the actions indicated, for instance, in Article 25 UPCA: – making – offering – placing on the market – using – importing or – storing the product for the above purposes. Pursuant to Article 68 UPCA (which concerns the award of damages), the claimant must prove that the infringer either: – knew, or – had reasonable grounds to know, that they were engaging in an infringing act.
Sample 1
UPCA. The onus is on the infringer to prove that its infringement was innocent, which is a heavy burden to meet (see Lancer Boss v
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Related to UPCA

  • Amendment to Schedule 1 01. Schedule 1.01 to the Credit Agreement shall be and it hereby is amended in its entirety and replaced with Schedule 1.01 attached hereto.

  • Amendments to the Equity Definitions (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “a diluting or concentrative” and replacing them with the words “an”; and adding the phrase “or Warrants” at the end of the sentence.

  • Amendments to Equity Definitions (i) Section 12.6(a)(ii) of the Equity Definitions is hereby amended by (1) deleting from the fourth line thereof the word “or” after the word “official” and inserting a comma therefor, and (2) deleting the semi-colon at the end of subsection (B) thereof and inserting the following words therefor “or (C) the occurrence of any of the events specified in Section 5(a)(vii)(1) through (9) of the ISDA Master Agreement with respect to that Issuer.”

  • Amendment to Schedules Schedule 2.01 of the Credit Agreement shall be and it hereby is amended in its entirety by substituting Schedule 2.01 attached hereto.

  • Amendment to Schedule The Grantor authorizes the Collateral Agent to modify this Agreement and the Assignments of Patents, without the necessity of such Grantor’s further approval or signature, by amending Schedule A hereto and the Annex to each Assignment of Patents to include any future or other Patents or Patent Licenses that become part of the Patent Collateral under Section 2 or Section 3.1.

  • Credit Agreement Definitions Unless otherwise defined herein or the context otherwise requires, terms used in this Security Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement.

  • Amendments to Schedules The Schedules to this Agreement form an integral part of this Agreement. The Schedules may be amended or replaced from time to time by the parties who will evidence their approval thereof by initialing a new Schedule dated as of the effective date of such amendment or replacements.

  • Other Adjustments Pursuant to the Equity Definitions Notwithstanding anything to the contrary in this Confirmation, solely for the purpose of adjusting the Cap Price, the terms “Potential Adjustment Event,” “Merger Event,” and “Tender Offer” shall each have the meanings assigned to such term in the Equity Definitions (as amended by Section 10(i)(i)), and upon the occurrence of a Merger Date, the occurrence of a Tender Offer Date, or declaration by Counterparty of the terms of any Potential Adjustment Event, respectively, as such terms are defined in the Equity Definitions, the Calculation Agent shall determine in a commercially reasonable manner whether such occurrence or declaration, as applicable, has had a material economic effect on the Transactions and, if so, may, in its commercially reasonable discretion, adjust the Cap Price to preserve the fair value of the Options to Dealer; provided that in no event shall the Cap Price be less than the Strike Price; provided further that any adjustment to the Cap Price made pursuant to this Section 10(x) shall be made without duplication of any other adjustment hereunder (including, for the avoidance of doubt, adjustment made pursuant to the provisions opposite the captions “Method of Adjustment,” “Consequences of Merger Events / Tender Offers” and “Consequence of Announcement Events” in Section 3 above).

  • Basic Lease Provisions and Definitions In addition to other terms elsewhere defined in this Lease, the following terms whenever used in this Lease should have only the meanings set forth in this section, unless such meanings are expressly modified, limited or expanded elsewhere herein.

  • Amendments to Article I The provisions of Article I of the Credit Agreement are hereby amended as follows:

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