Misappropriation definition

Misappropriation means that the Employee (i) uses Confidential Information (as defined below) for the benefit of anyone other than the Employers or an Affiliate, as the case may be, or discloses the Confidential Information to anyone not authorized by the Employers or an Affiliate, as the case may be, to receive such information; (ii) upon termination of employment, makes any summaries of, takes any notes with respect to or memorizes any Confidential Information or takes any Confidential Information or reproductions thereof from the facilities of the Employers or an Affiliate or (iii) upon termination of employment or upon the request of the Employers or an Affiliate, fails to return all Confidential Information then in the Employee’s possession. For the avoidance of doubt, “Misappropriation” does not include disclosure of Confidential Information to a governmental regulatory agency, such as the U.S. Securities and Exchange Commission, provided that the Employee informs the agency that the Employers and/or Affiliates deem the information to be confidential. “Confidential Information” shall mean any confidential and proprietary drawings, reports, sales and training manuals, customer lists, computer programs and other material embodying trade secrets or confidential technical, business, or financial information of the Employers or an Affiliate.

Misappropriation means depriving, defrauding, or otherwise obtaining the real or personal property of a resident by any means prohibited by the Revised Code, including violations of Chapter 2911. or 2913. of the Revised Code.

Misappropriation means misappropriation of Research Funds such as fraudulent use of Research Funds, wasting Research Funds, and abusing Research Funds. Spending the Research Funds for a purpose other than the Collaborative Research is included in Misappropriation.

Examples of Misappropriation in a sentence

• As between the Parties, Sanofi shall have the first right, but not the obligation, in its own name (or in the name of Novavax to the extent required by Applicable Law), to bring and control any Enforcement Action against any Third Party in connection with any Misappropriation of any Novavax COVID-19 Know-How or Joint Arising Know-How that relates to the Licensed COVID-19 Mono Product or Licensed COVID-19 Component, as it reasonably determines appropriate, using counsel of its own choice.

• If a Party becomes aware that a Third Party has misappropriated any Novavax Know-How or Joint Arising Know-How (each, a “Misappropriation”), then each Party will promptly notify the other Party regarding such Misappropriation which notice shall include a summary of all evidence such Party is aware of with respect thereto (each, a “Misappropriation Notice”).

• With respect to any Misappropriation of (i) any Novavax Adjuvant Know-How that is not otherwise Novavax COVID-19 Know-How or (ii) any Joint Arising Know-How that relates to the Adjuvant, Novavax shall have the sole right, but not the obligation, in its own name (or to the extent required by Applicable Law or with Xxxxxx’s written consent, in the name of Sanofi), to bring and control action against any Third Party in connection with such Misappropriation.

• For any action brought by or against a Party pursuant to Section 12.6 (Patent Enforcement), Section 12.7 (Misappropriation of Know-How), or Section 12.8 (Defense of Licensed Product Infringement Claims), the controlling Party will be responsible for all of its own costs and expenses incurred in relation to such action, including attorneys’ fees.

• Misappropriation of a Trade Secret of the Company in breach of this Agreement may subject the Executive to liability under the DTSA, entitle the Company to injunctive relief, and require the Executive to pay compensatory damages, double damages, and attorneys’ fees to the Company.

More Definitions of Misappropriation

Misappropriation means either of the following:

Misappropriation means depriving, defrauding, or otherwise obtaining the real or personal property of an individual by any means prohibited by the Revised Code, including Chapters 2911. and 2913. of the Revised Code.

Misappropriation means that the Employee (i) uses Confidential Information (as defined below) for the benefit of anyone other than the Employers or an Affiliate, as the case may be, or discloses the Confidential Information to anyone not authorized by the Employers or an Affiliate, as the case may be, to receive such information; (ii) upon termination of employment, makes any summaries of, takes any notes with respect to or memorizes any Confidential Information or takes any Confidential Information or reproductions thereof from the facilities of the Employers or an Affiliate or (iii) upon termination of employment or upon the request of the Employers or an Affiliate, fails to return all Confidential Information then in the Employee’s possession. For the avoidance of doubt, “Misappropriation” does not include disclosure of Confidential Information in the reporting of any allegations of unlawful conduct to any governmental official for investigation, including by filing a charge or complaint with any federal, state or local governmental agency or commission, such as the U.S. Securities and Exchange Commission, or by participating in any such agency or commission’s investigation without notice to the Employer, or to an attorney, provided that the Employee informs the official, agency, commission or attorney that the Employers and/or Affiliates deem the information to be confidential. The Employee may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made: (a) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and provided that such disclosure is solely for the purpose of reporting or investigating a suspected violation of the law, or (b) in a complaint or other document filed in a lawsuit or other proceeding, provided that such filing is made under seal. Additionally, in the event the Employee files a lawsuit against the Employer for retaliation by the Employer against the Employee for reporting a suspected violation of law, the Employee has the right to provide trade secret information to their attorney and use the trade secret information in the court proceeding, although the Employee must file any document containing the trade secret under seal and may not disclose the trade secret, except pursuant to court order.

Misappropriation means acquisition, disclosure, or use of a trade secret of another without express or implied authority or consent, unless such trade secret was arrived at by independent development, reverse engineering, or was obtained from another person with a right to disclose the trade secret.

Misappropriation means any of the following:

Misappropriation means any acquisition, appropriation or utilization of GRTK by unfair or illicit means. Misappropriation may also include deriving commercial benefit from the acquisition, appropriation or utilisation of GRTK when the Party using that GRTK knows, or should know, that it was acquired or appropriated by unfair means and other activities contrary to honest practices that gain inequitable benefit from GRTK. This section lays out what the commitment of each party entails. In short, it is not only compliance for itself but also the effort to protect against such misuse by others. This, obviously, to the extent a party can protect. C Subject to compliance with its obligation referred to in section B of this article, each Party shall, in respect of the intellectual property protection of GRTK, accord, within its territory, (i) to individuals who are nationals of, or are domiciled in the territory of the other Party, and (ii) to legal entities which or individuals who, in the territory of the other Party have a real and effective establishment for the creation, production and transaction of GRTK, the same treatment that it accords to its own nationals. This section ensures each party treats the two groups mentioned identically to parties under its own jurisdiction, effectively maintaining a level playing field. D Any access to and use of GRTK by a Party under the implementation of this Agreement shall require a prior consent from the other Party. The This section sets out the requirement for explicit approval for use of GRTK from the other party and Parties shall ensure that the local communities concerned shall be informed beforehand of the access and be informed of the results of the cooperative and/or collaborative activities using such GRTK. ensures that the GRTK holders, as a third party, are informed before and after the use of the GRTK E The benefits of protection of GRTK to which its holders are entitled include the fair and equitable sharing of benefits arising out of the commercial or industrial use of that GRTK. This section sets out the GRTK holders have a right to compensation. F When Licensee utilises GRTK for commercial purpose, it shall, on behalf of local communities concerned, be entitled to use the intellectual property right(s), where appropriate, and sharing of the associated benefits. This section ensures that Licensee is able to obtain intellectual property rights, however that it does so on behalf of local communities and provided that it sh...

Misappropriation means doing any of the following: