Common use of Development and Commercialization Rights Clause in Contracts

Development and Commercialization Rights. Subject to any co-funding/co-promotion rights granted to Myogen pursuant to Section 3.5 hereof, NIBRI, its Affiliates and/or sublicensees, if any, shall have sole rights, even as to Myogen, in the Licensed Field to develop and manufacture on a commercial scale the Development Candidate, the related Drug Product, and the active ingredient in such Drug Product in the Territory, and to commercialize, manufacture, promote, sell, book sales, and distribute each Drug Product and/or the active ingredient in such Drug Product in each country in the Territory. (The foregoing right to manufacture is subject to any applicable United States statutory requirement that technology the development of which was funded in part by the United States government must be manufactured domestically, unless the United States government shall waive such requirement.) NIBRI and its Affiliates, in their sole discretion, shall select, file, and own all rights to any and all trademarks and trade dress relating to the Drug Product.

Development and Commercialization Rights. Subject to any co-funding/co-promotion rights granted to Myogen pursuant to Section 3.5 hereof, NIBRI, its Affiliates and/or sublicensees, if any, shall have sole rights, even as to Myogen, in the Licensed Field to develop and manufacture on a commercial scale the Development Candidate, and any derivative thereof, the related Drug Product, and the active ingredient in such Drug Product in the Territory, and to commercialize, manufacture, promote, sell, book sales, and distribute each Drug Product and/or the active ingredient in such Drug Product in each country in the Territory. (The foregoing right to manufacture is subject to any applicable United States statutory requirement that technology the development of which was funded in part by the United States government must be manufactured domestically, unless the United States government shall waive such requirement.) NIBRI and its Affiliates, in their sole discretion, shall select, file, and own all rights to any and all trademarks and trade dress relating to the Drug Product.