State Ownership. The Agency shall have the right to use, disclose, or duplicate all information and data developed, derived, documented, or furnished by the Health Plan resulting from this Contract. Nothing herein shall entitle the Agency to disclose to third parties data or information that would otherwise be protected from disclosure by state or federal law.
State Ownership. Ownership of all information and data developed, derived, documented, or furnished by the contractor resulting from this contract resides with the Division, State of Mississippi. The Division shall have unlimited use of this information to disclose, duplicate or utilize for any purposes whatsoever.
State Ownership. The Parties agree that TWC will own all right, title and interest in and to the work products including deliverables, source and object code and documentation developed by the Vendor in connection with the contract.
State Ownership. Although compulsory licensing erodes the proprietary interest of an owner of intellectual property, it is less invasive than outright nationalization, the Intellectual property: property rights and the public interest 257 taking of property into public ownership in exchange for payment of ‘fair compensation’to its owner. Public ownership has returned in recent times but more as a response to financial emergency than as a policy for more settled times. Historically, the law of the European Union’s predecessors was neutral on the issue of state ownership of the means of production. The TFEU still provides that ‘The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership’,15 a formulation relative to public ownership and traceable back to the EC Treaty16 and prior to that, expressed slightly differently, to the Treaty of Paris.17 But the TFEU also provides for ‘a highly competitive social market economy’.18 The require- ment of equal treatment, in all its manifestations including but not confined to the law of state aid, means that a state-owned undertaking cannot (except conceivably in very particular circumstances unrelated to the issues being examined) be given new privileged access to a strategic position in the economy of an EU or EEA state.19 Similarly, the freedoms embodied in the TFEU and the EEA Agreement preclude any steps that might have the effect of penalizing an undertaking from another Member State/contracting party state for having successfully scaled the commanding heights of an economy in a host state, following the exercise of its right of establishment there.20 Given that compulsory licensing is available and that, because it does not involve outright transfer, the amount of ‘fair compensation’ payable is the value of not more than a non-exclusive limited licence of the total intellectual property right; given also that fair compensation would be the open market price on a willing-purchaser, willing-seller basis determined, in the absence of agreement, by an expert valuer, it is difficult to see what benefit the state could obtain from outright nationalization that it could not obtain at less cost from a compulsory licence. It should also be noted that the fact that an undertaking is wholly or partly owned by a Member State does not of itself entitle the state to accord to that undertaking any treatment more favourable21 or less favourable22 than accorded to wholly private undertakings.
State Ownership. The State, directly or indirectly through State-owned entities, shall acquire and hold an ownership interest, or an option to take an ownership interest, in the Project as provided in Articles 7.2 and 7.3. The Project Entity agreements govern the terms of the State’s ownership interest, including capital contributions, pre-formation expenditures, acquisition costs, and confidentiality.
State Ownership. The Agency shall have the right to use, disclose, or duplicate all information and data developed, derived, documented, or furnished by the PDHP resulting from this contract. Nothing herein shall entitle the Agency to disclose to third parties data or information that would otherwise be protected from disclosure by state or federal law.
State Ownership. Except for the minority interest in Shanghai TTC (as defined in the Chuangxin Share Transfer Agreement, there is no direct or indirect ownership or equity participation by any PRC Governmental Authority in any of the Fosun Parties or any of the Fosun Contributed Companies.
State Ownership. 17 1.14 Damages from Federal Disallowances .............................. 17 1.15
State Ownership. The department and agency will have the right to use, disclose, or duplicate, all information and data developed, derived, documented, or furnished by the contractor resulting from the contract. Nothing herein will entitle the department and agency to disclose to third parties data or information which would otherwise be protected from disclosure by state or federal law. DAMAGES FROM FEDERAL DISALLOWANCES In addition to any remedies available through the contract, in law or equity, the contractor must reimburse the agency for any federal disallowances or sanctions imposed on the department or agency as a result of the contractor's failure to abide by the terms of the contract.
State Ownership. The department and Agency will have the right to use, disclose, or duplicate, all information and data developed, derived, documented, or furnished by the contractor resulting from the contract. Nothing herein will entitle the department and Agency to disclose to third parties data or information, which would otherwise be protected from disclosure by state or federal law.
