Common use of Background excluded Clause in Contracts

Background excluded. “Negative List” 9.1.1 Each Party identifies in itemised form in Attachment 1B its Background which is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B on its own motion. 9.1.2 Notwithstanding anything else in this CA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this CA (“Listed Background”). Each Party agrees not to use, in the implementation of the Action, any Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall not be excluded from obligations to grant Access Rights in accordance with the GA and this CA. 9.1.3 Notwithstanding anything else in this CA, the following shall apply: (a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) If the terms under the GA and/or this CA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) If for any Background the grant of Access Rights under the GA and/or this CA would require any form of consent of or compensation to a Party or a third party, such Background is deemed to be listed in Attachment 1B as excluded. (d) If Background is or at any time becomes licensed by the owner as essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Background via the standard shall be the prevailing terms.

Background excluded. “Negative List” 9.1.1 Each Party identifies in itemised itemized form in Attachment 1B 1A its Background which is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B “1A” solely with the approval of the General Assembly, but may make deletions in said Attachment 1B 1A on its own motion. 9.1.2 Notwithstanding anything else in this CA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B 1A to this CA (““ Listed Background”“). Each Party agrees not to use, in the implementation of the Action, any Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses its Listed Background held by it in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall not to be excluded from obligations to grant Access Rights in accordance with the GA and this CA. 9.1.3 Notwithstanding anything else in this CA, the following shall apply: (a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) If the terms under the GA and/or this CA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) If for any Background the grant of Access Rights under the GA and/or this CA would require any form of consent of or compensation to a Party or a third party, such Background is deemed to be listed in Attachment 1B 1A as excluded. (d) If Background is or at any time becomes licensed by the owner as essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Background via the standard shall be the prevailing terms.