Compulsory Licences Clause Samples

Compulsory Licences. Where the law of a contracting party allows for the grant of compulsory licences, such licences shall not be granted in a manner which distorts trade, and the following provisions shall be respected : (1) Compulsory licences shall be non-exclusive and non-assignable except with that part of the enterprise or goodwill which exploits such licence. (2) They shall provide for the payment of an equitable remuneration to the right holder corresponding to the economic value of the licence. (3) Except in the case of a manifest national emergency, a compulsory licence may only be issued after unsuccessful efforts made by the applicant in line with normal commercial practices to negotiate a voluntary licence with the right holder. (4) Compulsory licences may not be issued for non-working or insufficiency of working on the territory of the granting authority if the right holder can show that the lack or insufficiency of local working is justified by the existence of legal, technical or commercial reasons. (5) Each case involving the possible grant of a compulsory licence shall be considered on its individual merits. (6) Compulsory licences shall not concern know-how related to the exploitation of the invention. (7) Any compulsory licence shall be revoked when the circumstances which led to its granting cease to exist and are unlikely to recur, taking into account the legitimate interests of the right holder and of the licencee. The continued existence of these circumstances shall be reviewed upon request of the patent holder. (8) All decisions concerning compulsory licences shall be subject to judicial review.
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Compulsory Licences. In the event that a court or a governmental agency of competent jurisdiction requires AstraZeneca or an AstraZeneca Affiliate or Sublicensee to grant a compulsory licence to a Third Party permitting such [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Third Party to make and sell the Product or any Combination Products in a country in the Territory, then for the purposes of calculating the royalties of the Product or Combination Product under Section 10.1, [ * ] of the Net Sales in the country in such country shall be disregarded. The calculation of the royalty reduction under this Section 10.6.2 shall be conducted separately for each Product or Combination Product. In any country where the royalty reduction of Section 10.6.1 or 10.6.2 is in effect, there shall not be any further royalty reduction pursuant to this Section 10.6.2.
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Compulsory Licences. In the event that a court or a governmental agency of competent jurisdiction requires AstraZeneca or an AstraZeneca Affiliate or Sublicensee to grant a compulsory licence to a Third Party permitting such Third Party to make and sell the Product or any Combination Products in a country in the Territory, then for the purposes of calculating the royalties of the Product or Combination Product under Section 10.1, [ * ] of the Net Sales in the country in such country shall be disregarded. The calculation of the royalty reduction under this Section 10.6.2 shall be conducted separately for each Product or Combination Product. In any country where the royalty reduction of Section 10.6.1 or 10.6.2 is in effect, there shall not be any further royalty reduction pursuant to this Section 10.6.2.
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Compulsory Licences. In the event that a court or a governmental agency of competent jurisdiction requires AstraZeneca or an AstraZeneca Affiliate or Sublicensee to grant a compulsory licence to a Third Party permitting such Third Party to make and sell the Licensed Product in a country in the Territory, then for the purposes of calculating the royalties of such Licensed Product under Section 10.2, the applicable royalty rate shall be *** to that applicable to the compulsory ---------- *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. CONFIDENTIAL TREATMENT REQUESTED license, if ***. The calculation of the royalty *** under this Section 10.5.2 shall be conducted separately for each Licensed Product.
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Compulsory Licences. Article 31 allows for the adoption of compulsory licenses. However submitted to tight constraints, the compulsory licences option may in certain hypothesis offer a helpful means to accommodate the interest of the right-holders with nutrition needs in the context of the food crisis36.
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Related to Compulsory Licences

  • Compulsory Licenses If a compulsory license is granted to a Third Party with respect to Compound or Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 5.4.1 shall be reduced to the rate paid by the compulsory licensee.

  • Licences 4.1 Lonza hereby grants to Licensee a world-wide non-exclusive licence (with the right to sublicense, subject to Clause 4.3 below) under the System Know-How and Patent Rights to use, develop, manufacture, market, sell, offer for sale, distribute, import and export Product in the Territory. 4.2 Save as expressly provided by Clause 2.2 above, the Licensee hereby undertakes not to make any modifications or adaptations to the System during the subsistence of this Agreement. 4.3 Subject to the provisions of this Clause 4.3, Licensee shall be entitled to grant a sublicence to the rights granted by Clause 4.1 to any one or more third parties for the purposes of any such third party producing Product for Licensee provided always: 4.3.1 Licensee shall ensure such sublicensee’s use of the System, the Intellectual Property and the Product is undertaken solely for the purpose of establishing a manufacturing process for Product, or producing Product, for Licensee; and 4.3.2 The sublicensee shall not, by virtue of this Agreement, be granted any right or licence, either express or implied, under any patent or proprietary right vested in Lonza or otherwise, to use the System, the Intellectual Property or the Product other than for the purposes of establishing a manufacturing Process for Product or producing Product for Licensee and Licensee agrees to ensure that such sublicensee shall not assign, transfer, further sublicense or otherwise make over the benefit or the burden of the rights granted to it pursuant to this Agreement; and 4.3.3 Any sublicence granted shall be expressly subject and subordinate to the terms of this Agreement, and it shall be Licensee’s responsibility to ensure the strict adherence by any sublicensee hereunder to the terms and conditions of this Agreement; and 4.3.4 Prior to the grant of any sublicence pursuant to this Clause 4 Licensee shall obtain the written consent of Lonza (such consent not to be unreasonably withheld), to the grant of such sublicence. 4.4 If, on a country-by-country basis, any granted patents that form part of the Patent Rights (including any re-issued patents and unexpired patents), subsequently expire or no longer contain a Valid Claim such Patent Rights shall automatically fall outside the scope of this Agreement and the provisions of Clauses 4.1 to 4.3 shall only apply, with respect to granted patents, to those granted patents which contain a Valid Claim and form part of the Patents Rights for as long as those granted patents remain in force. 4.5 On a country-by-country basis, where no Valid Claims within the Patent Rights remain in force, the provisions of Clauses 4.1 to 4.3 shall only apply for as long as the System Know-How remains secret and substantial.

  • Grant of License to Use Intellectual Property For the purpose of enabling the Collateral Agent to exercise rights and remedies under this Article at such time as the Collateral Agent shall be lawfully entitled to exercise such rights and remedies, each Grantor hereby grants to the Collateral Agent an irrevocable, non-exclusive license (exercisable without payment of royalty or other compensation to the Grantors) to use, license or sub-license any of the Collateral consisting of Intellectual Property now owned or hereafter acquired by such Grantor, and wherever the same may be located, and including in such license reasonable access to all media in which any of the licensed items may be recorded or stored and to all computer software and programs used for the compilation or printout thereof. The use of such license by the Collateral Agent shall be exercised, at the option of the Collateral Agent, upon the occurrence and during the continuation of an Event of Default; provided that any license, sub-license or other transaction entered into by the Collateral Agent in accordance herewith shall be binding upon the Grantors notwithstanding any subsequent cure of an Event of Default.

  • Licensed Intellectual Property Section 3.17(h)(vi)...................................29

  • License of Intellectual Property Each Party (a “Licensor”) grants the other Party (a “Licensee”) the non-exclusive, royalty-free, paid-up, worldwide, irrevocable, right, during the term of this Agreement, to use the Licensor’s Intellectual Property solely for the purposes of this Agreement and to carry out the Party’s functions consistent with its responsibilities and authority as set forth in the enable legislation and regulations. Such licenses shall not give the Licensee any ownership interest in or rights to the Intellectual Property of the Licensor. Each Licensee agrees to abide by all third-party license and confidentiality restrictions or obligations applicable to the Licensor’s Intellectual Property of which the Licensor has notified the Licensee in writing.