Common use of Access Rights for Exploitation Clause in Contracts

Access Rights for Exploitation. [Option 1:] 9.4.1 Access Rights to Results if Needed for Exploitation of a Party's own Results shall be granted on Fair and Reasonable conditions. Access rights to Results for internal research activities shall be granted on a royalty-free basis. [Option 2:[ 9. 4.1 Access Rights to Results if Needed for Exploitation of a Party's own Results shall be granted on a royalty-free basis. Since access rights exclude the right to sublicense (Section 9.2.4 above), parties should be aware that their further “exploitation” should not require such sublicensing (even through the granting of access rights in a subsequent research project). Option 1: Access for exploitation for internal research is free, access for any other exploitation of own Results (including third party research) will be granted on Fair and Reasonable conditions. Any Party exploiting another Party’s Results has to take care not to grant direct access to a third party, unless the owning Party has agreed to such granting of Access Rights. Possible agreements regarding access to certain Results/ Background for further research might e.g. include the following aspects: Allowing to produce research results which are available to the third party but which contain hermetically-sealed Results from the Project; using Results from the Project for in-house testing or diagnosis purposes in doing research. Option 2: All Access for Use of own Foreground will be granted royalty-free. As per Section 9.2.6, the request for Access Rights is to be in writing, the agreement on fair and reasonable conditions normally also, unless both parties don’t want that formality.

Access Rights for Exploitation. [Option 1:] 9.4.1 Access Rights to Results if Needed for Exploitation of a Party's own Results shall be granted on Fair and Reasonable conditions. Access rights to Results for internal research activities shall be granted on a royalty-free basis. [Option 2:[ 9. 4.1 9.4.1 Access Rights to Results if Needed for Exploitation of a Party's own Results shall be granted on a royalty-free basis. Since access rights exclude the right to sublicense (Section 9.2.4 above), parties should be aware that their further “exploitation” should not require such sublicensing (even through the granting of access rights in a subsequent research project). Option 1: Access for exploitation for internal research is free, access for any other exploitation of own Results (including third party research) will be granted on Fair and Reasonable conditions. Any Party exploiting another Party’s Results has to take care not to grant direct access to a third party, unless the owning Party has agreed to such granting of Access Rights. Possible agreements regarding access to certain Results/ Background for further research might e.g. include the following aspects: Allowing to produce research results which are available to the third party but which contain hermetically-sealed Results from the Project; using Results from the Project for in-house testing or diagnosis purposes in doing research. Option 2: All Access for Use of own Foreground will be granted royalty-free. As per Section 9.2.6, the request for Access Rights is to be in writing, the agreement on fair and reasonable conditions normally also, unless both parties don’t want that formality.