Common use of Use of Know-how Clause in Contracts

Use of Know-how. Without limiting the license grants in Article 6 of this Agreement, and notwithstanding the ownership provisions of Section 13.2 of this Agreement, but subject to the rights of co-owners under Section 13.3 and subject to the applicable provisions of any Technology Transfer Agreement, the Parties acknowledge and agree that: (a) all Know-How (excluding any patents (including inventor’s certificates) and patent applications) comprising any data processing, laboratory, analytical, or manufacturing methods or processes which are Generated by a Party and which are: (i) used by such Party in the Development (including manufacturing development) of any Anti-IgE Antibody or Anti-IgE Product pursuant to this Agreement; or (ii) otherwise disclosed or required to be disclosed pursuant to Section 4.4 of this Agreement, shall be subject to the license grants set forth in Article 6, but may not otherwise be used by any other Party (other than a joint owner of such -39- Know-How, with the rights of joint owners being set forth in Section 13.3) unless otherwise agreed by the Generating Party; (b) all Know-How (excluding any patents (including inventor’s certificates) and patent applications) other than described in paragraph (a) above which is Generated by a Party and which are: (i) used by such Party in the Development of any Anti-IgE Antibody or Anti-IgE Product pursuant to this Agreement; or (ii) otherwise disclosed or required to be disclosed pursuant to Section 4.4 of this Agreement, shall be subject to the license grants set forth in Article 6. ***** *****.

Use of Know-how. Without limiting the license grants in Article 6 of this Agreement, and notwithstanding the ownership provisions of Section 13.2 of this Agreement, but subject to the rights of co-owners under Section 13.3 and subject to the applicable provisions of any Technology Transfer Agreement, the Parties acknowledge and agree that: (a) all Know-How (excluding any patents (including inventor’s certificates) and patent applications) comprising any data processing, laboratory, analytical, or manufacturing methods or processes which are Generated by a Party and which are: (i) used by such Party in the Development (including manufacturing development) of any Anti-IgE Antibody or Anti-IgE Product pursuant to this Agreement; or (ii) otherwise disclosed or required to be disclosed pursuant to Section 4.4 of this Agreement, shall be subject to the license grants set forth in Article 6, but may not otherwise be used by any other Party (other than a joint owner of such -39- Know-How, with the rights of joint owners being set forth in Section 13.3) unless otherwise agreed by the Generating Party; (b) all Know-How (excluding any patents (including inventor’s certificates) and patent applications) other than described in paragraph (a) above which is Generated by a Party and which are: (i) used by such Party in the Development of any Anti-IgE Antibody or Anti-IgE Product pursuant to this Agreement; or (ii) otherwise disclosed or required to be disclosed pursuant to Section 4.4 of this Agreement, shall be subject to the license grants set forth in Article 6. ***** *****.