Biphasic Know-How definition
Examples of Biphasic Know-How in a sentence
All Kissei Know-How disclosed by BHV to ISLT shall remain the intellectual property of Kissei, and all Biphasic Know-How disclosed by BHV to ISLT shall remain the intellectual property of BHV, but exclusively licensed in each case to ISLT in the Field in the Territory pursuant to the terms of this Agreement.
If either Party learns of any misappropriation or unauthorized disclosure of Kissei Know-How or Biphasic Know-How, or any infringement or threatened infringement by a Third Party of any Kissei Patents or Biphasic Patents, in each case in the Field in the Territory, then subject to the Kissei Agreement, as applicable, such Party will promptly notify the other Party and will provide such other Party with all available evidence of such misappropriation or infringement.
BHV does not represent or warrant that ISLT can successfully develop, obtain Marketing Approvals for, or market the Products or any Biphasic Products in the Territory by using and relying upon the Kissei Patents, Kissei Know-How, Biphasic Patents and Biphasic Know-How licensed by BHV hereunder.
On occasions where BHV has granted access to Third Parties to Kissei Know-How or Biphasic Know-How, such access has been granted pursuant to an enforceable written confidentiality agreement containing restrictions on the use of such Kissei Know-How or Biphasic Know-How with a term of at least five (5) years.
Upon the termination of this Agreement, ISLT shall return to BHV all BHV Confidential Information, including any documents that embody the Kissei Know-How or Biphasic Know-How, without delay, including copies, excerpts and the like as disclosed by BHV under this Agreement.
Within ninety (90) days after the Effective Date, BHV shall disclose and deliver to ISLT, or make available to ISLT, all of the Kissei Know-How and Biphasic Know-How in the possession of BHV as is, and from time to time thereafter during the term of this Agreement, BHV shall disclose or make available to ISLT such future Kissei Know-How as comes into the possession of BHV, if any.
Any such BHV Development Data that is provided to ISLT shall be included in the definition of Biphasic Know-How for purposes of this Agreement.
In addition, ISLT shall, to the extent permitted by law, take all steps necessary or desirable to maintain the confidentiality of the Kissei Know-How and Biphasic Know-How and to ensure that the court, other tribunal or appointee maintains such information in confidence in accordance with the terms of this Agreement.
In the event that a court or other legal or administrative tribunal, directly or through an appointed master, trustee or receiver, assumes partial or complete control over the assets of ISLT based on the insolvency or bankruptcy of ISLT, ISLT shall promptly notify the court or other tribunal (a) that the Kissei Know-How remains the property of Kissei, (b) that the Biphasic Know-How remains the property of BHV, and (c) of the confidentiality obligations under this Agreement.