Generic Competition. In countries in the Territory where (i) a Generic Product enters the market, the royalty rates set out in Section 19.2 above shall be reduced by [**] during the Full Royalty Term and by [**] thereafter in such country, (ii) the Generic Product(s) comprises more than [**] of the unit sales of Product and Generic Products in such country, the royalty rates set out in Section 19.2 above shall be reduced by [**] during the Full Royalty Term and by [**] thereafter, and (iii) the Generic Product(s) comprises more than [**] of the unit sales of Product and Generic Products in such country, the royalty rates set out in Section 19.2 above shall be reduced to [**] during the Full Royalty Term and by [**] thereafter. If such a Generic Product enters the market prior to the expiration of the Composition Patent in such country and if ARIAD US institutes an action or proceeding in accordance with Section 23.4 and prevails in such action the applicable royalty rates set out in Section 19.2 would be reinstated until such other time as the foregoing provision applies.
Appears in 3 contracts
Sources: Buy in License Agreement, Buy in License Agreement (Incyte Corp), Buy in License Agreement (Incyte Corp)
Generic Competition. In countries in the Territory where (i) a Generic Product enters the market, the royalty rates set out in Section 19.2 above shall be reduced by [***] during the Full Royalty Term and by [***] thereafter in such country, (ii) the Generic Product(s) comprises more than [***] of the unit sales of Product and Generic Products in such country, the royalty rates set out in Section 19.2 above shall be reduced by [***] during the Full Royalty Term and by [***] thereafter, and (iii) the Generic Product(s) comprises more than [***] of the unit sales of Product and Generic Products in such country, the royalty rates set out in Section 19.2 above shall be reduced to [***] during the Full Royalty Term and by [***] thereafter. If such a Generic Product enters the market prior to the expiration of the Composition Patent in such country and if ARIAD US institutes an action or proceeding in accordance with Section 23.4 and prevails in such action the applicable royalty rates set out in Section 19.2 would be reinstated until such other time as the foregoing provision applies.
Appears in 2 contracts
Sources: Buy in License Agreement (Ariad Pharmaceuticals Inc), Buy in License Agreement (Ariad Pharmaceuticals Inc)