Exploitation of Foreground Sample Clauses

The Exploitation of Foreground clause defines how newly created intellectual property ("Foreground IP") resulting from a project or collaboration may be used, licensed, or commercialized by the parties involved. Typically, this clause outlines which party owns the Foreground IP, the rights each party has to use or exploit it, and any obligations regarding revenue sharing or further development. Its core practical function is to allocate rights and responsibilities over new inventions or works, ensuring clarity and preventing disputes over the use and commercialization of jointly developed assets.
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Exploitation of Foreground. Subject to Section 8.5 and 8.6, each Party shall have the right to exploit such Foreground solely owned by it, and each owner of joint Foreground shall be entitled to use the jointly owned Foreground, unless otherwise agreed in a joint ownership agreement to be concluded between the joint owners before any exploitation of Foreground takes place: for non-commercial purposes such as academic research and third party research, as well as training and teaching activities, on a royalty-free basis, and without requiring the prior consent of the other joint owner(s); and to grant nonexclusive licences to third parties (without any right to sublicense) for commercial purposes, if the other joint owners are given (i) at least 45 (forty-five) days advance notice and (ii) fair and reasonable compensation taking into account each joint owner’s relative intellectual contribution to the joint Foreground.
Exploitation of Foreground. Subject to Sections 8.5 and 8.6, each Participant shall have the right to exploit such Foreground solely owned by it. Further subject to Sections 8.5 and 8.6, each Participant that owns joint Foreground shall be entitled to use the jointly owned Foreground, unless otherwise agreed in a joint ownership agreement to be concluded between the joint owners before any exploitation of Foreground takes place, for the following purposes: for non-commercial purposes such as academic research and third party research, as well as training and teaching activities, on a royalty-free basis, and without requiring the prior consent of the other joint owner(s); and to grant nonexclusive licences to third parties (without any right to sublicense) for commercial purposes, if the other joint owners are given (i) at least 45 (forty-five) calendar days advance notice and (ii) fair and reasonable compensation taking into account each joint owner’s relative intellectual contribution to the joint Foreground.
Exploitation of Foreground. (Article 34 of the FPA)
Exploitation of Foreground. Subject to the provisions of Sections 8.6 - 8.8, each Participant shall have the right to exploit such Foreground solely owned by such Participant. Each Participant that owns jointly held Foreground shall be entitled to use the jointly owned Foreground, whereas each of such Participants may agree otherwise before any exploitation of jointly held Foreground takes place, in the Parallel Research Agreement as referred to in Section 8.10 or in a joint ownership agreement.

Related to Exploitation of Foreground

  • Foreground IP This subparagraph d. shall not apply to unmodified commercial off‐the‐shelf goods. If Services or goods are developed, modified or redesigned pursuant to this Contract then the paragraphs below apply. i. All Foreground IP shall be the exclusive property of Buyer. ii. Seller hereby irrevocably assigns to Buyer all right, title and interest in the Foreground IP for no additional charge. Seller shall protect Foreground IP as Proprietary Information and Materials under this Contract and shall mark documents or portions of documents containing Foreground IP as “Boeing Proprietary” information or as otherwise directed by ▇▇▇▇▇ in writing. iii. Seller shall, within two (2) months after conception or first actual reduction to practice of any invention and prior to Contract completion, disclose in writing to Buyer all inventions assigned hereunder, whether or not patentable, in sufficient technical detail to clearly convey the invention to one skilled in the art to which the invention pertains. Seller shall promptly execute all written instruments, and assist as Buyer reasonably directs in order to file, acquire, prosecute, maintain, enforce and assign Buyer’s Foreground IP rights. If Seller does not or cannot execute instruments or assist ▇▇▇▇▇ as described above, Seller hereby irrevocably appoints ▇▇▇▇▇ and any of Buyer’s officers and agents as Seller’s attorney in fact to act on ▇▇▇▇▇▇’s behalf and instead of Seller, with the same legal force and effect as if executed by Seller, with respect to executing any such written instruments.

  • Licensed Technology (a) LICENSOR is not aware of any interference, infringement, misappropriation, or other conflict with any intellectual property rights of third parties, and LICENSOR has never received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that LICENSOR must license or refrain from using any intellectual property rights of any third party). To the knowledge of LICENSOR, no third party has interfered with, infringed upon, misappropriated, or otherwise come into conflict with any of the LICENSED TECHNOLOGY. (b) Exhibit A identifies each patent or registration which has been issued to LICENSOR with respect to any of the LICENSED TECHNOLOGY and identifies each pending patent application or application for registration which LICENSOR has made with respect to any of the LICENSED TECHNOLOGY. LICENSEE acknowledges that LICENSOR has previously made available to LICENSEE correct and complete copies of all such patents, registrations and applications (as amended to-date) in LICENSOR’s possession and has made available to LICENSEE correct and complete copies of all other written documentation in LICENSOR’s possession evidencing ownership and prosecution (if applicable) of each such item. (c) Exhibit A identifies each item of LICENSED TECHNOLOGY that is assigned to LICENSOR or that LICENSOR uses pursuant to license, sublicense, agreement, or permission. LICENSOR has made available to LICENSEE correct and complete copies of all such licenses, sublicenses, agreements, patent prosecution files and permissions (as amended to-date) in LICENSOR’s possession. With respect to each item of LICENSED TECHNOLOGY required to be identified in Exhibit A and to the knowledge of LICENSOR: (i) the license, sublicense, agreement, or permission covering the item is legal, valid, binding, enforceable, and in full force and effect; (ii) the license, sublicense, agreement, or permission will continue to be legal, valid, binding, enforceable, and in full force and effect on identical terms following the consummation of the transactions contemplated hereby; (iii) no Party to the license, sublicense, agreement, or permission is in breach or default, and no event has occurred which with notice or lapse of time would constitute a breach or default or permit termination, modification, or acceleration thereunder; (iv) no party to the license, sublicense, agreement, or permission has repudiated any provision thereof; (v) the underlying item of LICENSED TECHNOLOGY is not subject to any outstanding lien or encumbrance, injunction, judgment, order, decree, ruling, or charge; (vi) no action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand is pending or is threatened which challenges the legality, validity, or enforceability of the underlying item of LICENSED TECHNOLOGY; and (vii) except as provided in Exhibit A, LICENSOR has not granted any license or similar right to the LICENSED TECHNOLOGY within the GENERAL FIELD or PARTHENOGENESIS FIELD.

  • INTELLECTUAL PROPERTY RIGHTS - INVENTION AND PATENT RIGHTS A. General 1. NASA has determined that 51 U.S.C. § 20135(b) does not apply to this Agreement. Therefore, title to inventions made (conceived or first actually reduced to practice) under this Agreement remain with the respective inventing party(ies). No invention or patent rights are exchanged or granted under this Agreement, except as provided herein.

  • SOFTWARE LICENSE GRANT Where Product is acquired on a licensed basis the following shall constitute the license grant:

  • Licensed Patent Rights The Licensee shall indemnify and hold the IC, its employees, students, fellows, agents, and consultants harmless from and against all liability, demands, damages, expenses, and losses, including but not limited to death, personal injury, illness, or property damage in connection with or arising out of: