Handling of infringements Clause Samples

The "Handling of infringements" clause defines the procedures and responsibilities for addressing instances where intellectual property rights are violated. Typically, this clause outlines the steps a party must take if they become aware of an infringement, such as notifying the other party, cooperating in enforcement actions, or determining which party has the right to pursue legal remedies. Its core practical function is to ensure a coordinated and effective response to infringements, thereby protecting the interests of the parties and minimizing potential losses or legal exposure.
Handling of infringements. Any infringement committed by a Union vessel holding a fishing authorisation in accordance with the provisions of this Annex must be referred to in an infringement or inspection report produced by the competent Gambian authority. The notification of the infringement and the relevant applicable sanctions served on the master or the fishing company shall be sent directly to the vessel-owner following the procedure set in the applicable the Gambian legislation. A copy of the notification shall be sent to the flag state of the vessel and to the Union within 24 hours. The signature of the inspection report by the master shall be without prejudice to the vessel owner’s right of defence in respect of an infringement. The master of the vessel shall cooperate while the inspection procedure is being carried out.
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Handling of infringements. 1.1. Any infringement committed by a Union fishing vessel holding a fishing authorisation in accordance with the provisions of this Annex shall be mentioned in an inspection report. The report shall be sent to the EU and the flag State as soon as possible. 1.2. The signing of the inspection report by the master shall be without prejudice to the vessel owner's right of defence in respect of an infringement.
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Handling of infringements. Any infringement committed in the fishing zone of the Union of the Comoros by an EU vessel holding a fishing licence in accordance with the provisions of this Annex must be the subject of an inspection report.
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Handling of infringements. Any infringement committed by a Union vessel holding a fishing authorisation in accordance with the provisions of this Annex must be referred to in an infringement or inspection report produced by the competent Gambian authority. The notification of the infringement and the relevant applicable sanctions served on the master or the fishing company shall be sent directly to the vessel-owner following the procedure set in the applicable the Gambian legislation. A copy of the notification shall be sent to the flag state of the vessel and to the Union within 24 hours.
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Related to Handling of infringements

  • Claim of Infringement In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below: 9.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 9.4.2 obtain a license sufficient to allow such use to continue. 9.4.3 In the event 9.4.1 or 9.4.2 are commercially unreasonable, then said Party may, terminate, upon reasonable notice, this contract with respect to use of, or services provided through use of, the affected facilities or equipment (including software), but solely to the extent required to avoid the infringement claim.

  • Notice of Infringement If, during the Term, either Party learns of any actual, alleged or threatened infringement by a Third Party of any Licensed Patents, such Party shall promptly notify the other Party and shall provide the other Party with available evidence of such infringement.

  • Defense of Infringement Claims In the event Licensee or Licensor becomes aware that Licensee’s or any of its Affiliates’ or any Sublicensees’ practice of the Licensed Patents is the subject of a claim for patent infringement by a Third Party, that Party shall promptly notify the other, and the Parties shall consider the claim and the most appropriate action to take. Licensee shall cause each of its Affiliates and each Sublicensee to notify Licensee promptly in the event such entity becomes aware that its practice of the Licensed Patents is the subject of a claim of patent infringement by another. To the extent Licensor takes any action, Licensor (or the ReGenX Licensors) shall have the right to require Licensee’s reasonable cooperation in any such suit, upon written notice to Licensee; and Licensee shall have the obligation to participate upon Licensor’s request, in which event, Licensor shall bear the cost of Licensee’s participation. Without Licensor’s prior written permission, Licensee must not settle or compromise any such suit in a manner that imposes any material obligations or restrictions on Licensor or the ReGenX Licensors or grants any rights to the Licensed Patents other than rights that Licensee has the right to grant under this Agreement.

  • Notification of Infringement Each party agrees to provide written notice to the other party promptly after becoming aware of any infringement of the Patent Rights.

  • Infringement 14.01 LICENSEE shall immediately notify LICENSOR of any unauthorized use and/or suspected infringement of the INTELLECTUAL PROPERTY. Such notification shall include, without limitation, immediately forwarding to LICENSOR any and all documents relating to any such unauthorized use or suspected infringement and providing LICENSOR with any and all facts and circumstances relating to such unauthorized use or suspected infringement. 14.02 LICENSOR shall have the primary, and in the first instance sole, right to institute a suit for infringement, unfair competition or other action with respect to any unauthorized use or suspected infringement. LICENSOR shall have the sole discretion to determine how to handle or otherwise deal with any infringement or unauthorized use of the INTELLECTUAL PROPERTY, including the right to settle or otherwise compromise any dispute or suit, and shall promptly notify LICENSEE of its decision. LICENSOR shall have no duty to initiate such litigation if, in its sole judgment, such litigation is not warranted or is not in its best interests. 14.03 LICENSEE may join and be represented in, at its own expense by its own counsel, any proceeding relating to any unauthorized use or suspected infringement to prove its own interests. 14.04 LICENSEE agrees that it shall, at all times, reasonably cooperate with LICENSOR and its counsel, in all respects, with respect to any unauthorized use or suspected or alleged infringement at LICENSOR's expense, including, but not limited to, having LICENSEE's principals, directors, employees, officers and/or agents testify, and making available any records, papers, information, specimens and the like when requested by LICENSOR. 14.05 Any damages and/or recovery received pursuant to such litigation or settlement or compromise shall be the sole and exclusive property of LICENSOR. 14.06 If LICENSOR decides, in its discretion, not to take any action with respect to an unauthorized use or suspected infringement, then LICENSEE may, at its own option and sole expense, take such action on its own behalf as it deems appropriate and any damages, recovery, settlement or compromise obtained thereby shall be for the account of LICENSEE.