Product Exclusivity definition

Product Exclusivity means (a) any period during which the FDA, Health Canada or other Regulatory Authority in a region of the Territory grants any exclusive marketing rights or data exclusivity rights with respect to the Product (other than patents), including orphan drug exclusivity, new chemical entity exclusivity, or pediatric exclusivity, in each case to the extent the grant conveys to the beneficiary thereof the right to exclude others from marketing or selling such Product for the relevant indication or (b) the period from the Effective Date to the Patent Expiration Date, whichever of (a) and (b) is longer. The determination of the existence of Product Exclusivity shall be made on a country-by-country, product-by-product and indication-by-indication basis.
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Product Exclusivity. “Product” means the Reader and accessories listed on and further defined by the Specifications referenced in Schedule 1 hereto. During the Subcontract Term, (a) 3M and its affiliates shall purchase exclusively from RBC all of their commercial sale requirements for the 3MTM Rapid Detect Reader Products listed on Schedule 1 and shall purchase non-exclusively from RBC the Accessory Products listed on Schedule 1; and (b) RBC will supply all Products listed on Schedule 1 non-exclusively to 3M and its affiliates.
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Product Exclusivity means the exclusivity of the licenses granted to Ventana in Article 2.
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Examples of Product Exclusivity in a sentence

  • During the Developed Product Exclusivity Period for a Developed Product, and subject to Section 10.4, SPWR shall have the exclusive right to sell and offer to sell, and MSSG shall have the exclusive right to supply to SPWR, within the Collaboration Market Segment, such Developed Product.

  • The JSC shall then amend the then-current Commercialization Plan and Budget to reflect such decision, and the Parties shall negotiate in good faith any required amendments to this Agreement, provided that (a) the Net Profits from the sales of such VP Product Exclusivity Unit shall continue to be divided as set forth in Section 8.4, and (b) the Development Expenses and Commercialization Expenses shall continue to be divided as set forth in this Agreement.

  • Neither Party shall be obligated to commercialize such VP Product Exclusivity Unit itself, to the extent such Party does not have OTC commercialization abilities; and the JSC shall agree on any Third Party that shall perform the commercialization activities for such VP Product Exclusivity Unit on behalf of either or both Parties.

  • If at any time after expiration of the Developed Product Exclusivity Period for a Developed Product, but during the Agreement Term (“ROFO/ROFR Term”), MSSG desires to negotiate, execute, agree to or otherwise become bound by one or more contractual or other obligations to supply Developed Products manufactured by MSSG to a third party for sale in the Collaboration Market Segment, MSSG shall first offer to enter into such supply agreement with SPWR.

  • Specifically, for a Commercialization Project for a Developed Product, this Section 10.3 shall only be effective during the Developed Product Exclusivity Period for such Developed Product and shall not extend or otherwise renew notwithstanding the Commercialization Project, except as may be otherwise set forth in the Development Plan for the Commercialization Project.

  • For a period of one (1) year following the expiration of the Developed Product Exclusivity Period for a Developed Product, neither MSSG nor SPWR shall, within the Collaboration Market Segment, enter into an exclusive supply relationship with a third party for such Developed Product.

  • Catalytica shall not market, distribute, make or sell the Product or any product containing the Active Ingredient, directly or indirectly anywhere in the Territory, except to ORPHAN, during the term of this Agreement, or within the period of Orphan Product Exclusivity, whichever is longer.

  • In the event Merck elects to so terminate early the Collaboration Program pursuant to Section 8.2, and where the effective date of such termination by Merck is within [ * ] following the public announcement date of such [ * ] transaction, Merck shall be required only to pay FHT [ * ] of the amounts set out in Sections 5.7.1 and 5.9 if it Triggers the Product Exclusivity License or the Test Exclusivity License.

  • If Merck does not Trigger the Product Exclusivity License in accordance with Section 3.1.3(c)(ii), then, effective as of the first day after the expiration of the Option Period, Merck grants to FHT a non-exclusive, royalty-free, sublicensable license in the Territory under Merck Collaboration Program Patents, and to use Merck Collaboration Program Inventions and Results, for all purposes outside the Test Field.

  • In addition, provided that Merck has not Triggered the Product Exclusivity License prior to terminating the Collaboration Program, Merck shall pay to FHT the appropriate payment specified in Section 5.4.2 (a) or (b) no later than 15 days after the expiration of the Option Period.


More Definitions of Product Exclusivity

Product Exclusivity means (a) any period during which Health Canada grants data protection pursuant to section C.08.004.1 of the Food and Drug Regulations, including pediatric extension, in respect of the Product or (b) the period from the Effective Date to the Patent Expiration Date, whichever of (a) and (b) is longer.
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Product Exclusivity means Handspring will not provide London to any other party to market, promote or sell directly or indirectly in the Territory, but Handspring will be allowed to market any other CDMA-based Handspring product in the Territory through any means so long as such other CDMA product is commercially distinguishable or distinct (e.g., without limitation, in industrial design, embedded applications, or network functionality, etc.) from the then current design of the London product. As long as Sprint satisfies the Minimum Product Purchase Levels detailed in Section 4.2 below, Sprint will receive Product Exclusivity during the first [*] of the MPPL Term. Market Exclusivity and Product Exclusivity are collectively referred to herein as the "Exclusive Rights".
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Related to Product Exclusivity

  • Regulatory Exclusivity means any exclusive marketing rights or data exclusivity rights conferred by any Regulatory Authority with respect to a pharmaceutical product other than Patents, including orphan drug exclusivity, new chemical entity exclusivity, data exclusivity, or pediatric exclusivity.

  • Exclusivity means the specificity of the test method for validating microbial testing methods. It evaluates the ability of the method to distinguish the target organisms from similar but genetically distinct non-target organisms.

  • Regulatory Exclusivity Period means, with respect to each Licensed Product in any country in the Territory, a period of exclusivity (other than Patent exclusivity) granted or afforded by Applicable Law or by a Regulatory Authority in such country which confers an exclusive Commercialization period during which AbbVie or its Affiliates or Sublicensees have the exclusive right to market and sell a Licensed Compound or Licensed Product in such country through a regulatory exclusivity right.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • Licensed Product means any pharmaceutical product containing a Licensed Compound (alone or with other active ingredients), in all forms, presentations, formulations and dosage forms.