Industrial Property Clause Samples
The Industrial Property clause defines the rights and obligations of parties regarding inventions, patents, trademarks, designs, and other forms of industrial intellectual property created or used during the course of an agreement. Typically, it specifies who owns any new inventions or improvements, how existing industrial property is handled, and the procedures for protecting or transferring such rights. This clause is essential for clarifying ownership and usage rights, thereby preventing disputes over intellectual property and ensuring that both parties understand their respective entitlements and responsibilities.
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Industrial Property. (a) Monsanto represents and warrants that Monsanto or Affiliates are the exclusive owners of the trademarks, trade names, packages, copyrights and designs used in the sale of Roundup Products (the “Industrial Property”). To Monsanto’s knowledge, the conduct of the Roundup L&G Business as now being conducted and the use of the Industrial Property in the conduct of the Roundup L&G Business, do not infringe or otherwise conflict with any trademarks, registrations, or other intellectual property or proprietary rights of others, nor has any claim been made that the conduct of the Roundup L&G Business as now being conducted infringes or otherwise is covered by the intellectual property of a third party, except for any conflict or infringement which would not have a material adverse effect. To the knowledge of Monsanto, none of the Industrial Property is currently being infringed upon by a third party.
(b) The Agent acknowledges the validity of the trademarks which designate and identify Roundup Products. The Agent further acknowledges that Monsanto is the exclusive owner of the Industrial Property.
(c) The Agent agrees that, to the extent it uses Industrial Property, such Industrial Property shall be used in its standard form and style as it appears upon Roundup Products or as instructed in writing by Monsanto. No other letter(s), word(s), design(s), symbol(s) or other matter of any kind shall be superimposed upon, associated with or shown in such proximity to the Industrial Property so as to tend to alter or dilute such Industrial Property, and the Agent further agrees not to combine or associate any of such Industrial Property with any other industrial property. The generic or common name of the type of product (e.g., “non-selective herbicide”) must always follow Roundup Products’ trademarks.
(d) In all advertisements, sales and promotional or other printed matter in which any Industrial Property appears, the Agent shall identify itself by full name and address and state its relationship to Monsanto. In all such material, the Roundup trademark shall be identified as a trademark owned by Monsanto Company. In the case of a registered trademark, a ® shall be placed adjacent to the trademark with the ® referring to a footnote reading “® Registered trademark of Monsanto Company.” In the case of unregistered trademarks, a “TM” shall be placed adjacent to the trademark with the “TM” referring to a footnote reading “TM Trademark of Monsanto Company.”
(e) On its letter...
Industrial Property. Any Real Estate that is an industrial property designed to be used primarily for one of the following purposes: warehouse, distribution, office flex (light manufacturing or research and development), or trans-shipment. With respect to Real Estate owned by REIT and its Subsidiaries as of the Closing Date, an Industrial Property shall also include the uses of such Real Estate as of the Closing Date; provided, however, that any Real Estate that is used as a bank branch or for any retail purpose shall not be considered to be an Industrial Property.
Industrial Property. Industrial Property of the results of studies in which the trainee will participate in the internship is fully entitled to the host institution.
Industrial Property. Each Partner undertakes to respect the contractual obligations specified hereafter, especially about industrial and intellectual property, and exploitation rights.
Industrial Property. 1. IZSLER-BVR is the owner of the property and all the rights on the Material, Progeny and Unmodified Derivative. The transfer does not grant to the Recipient the ownership of the Material, or any intellectual and industrial property rights.
2. IZSLER-BVR and the Recipient shall be co-owner of possible Modification of the Material or substances created through the use of the Material. In that case the Parties shall negotiate with an appropriate written agreement the means of commercial exploitation, patenting, and the regulation of the respective aspects.
3. In any case, each Party shall be entitled to use such substances for research purposes, internal laboratory and educational activities. ¶
Industrial Property. 1. Each Party shall provide a system that permits owners to assert industrial property rights and interested parties to challenge such rights through administrative or judicial means, or both.
2. Each Party shall endeavour to simplify and streamline its administrative procedures and participate in international fora, including the WIPO fora, dealing with reform and development of the industrial property system.
Industrial Property. (a) Monsanto represents and warrants that Monsanto or Affiliates are the exclusive owners of the trademarks, trade names, packages, copyrights and designs used in the sale of Roundup Products (hereinafter referred to as "Industrial Property"). To Monsanto's knowledge, the conduct of the Roundup L&G Business as now being conducted and the use of the Industrial Property in the conduct of the Roundup L&G Business, do not infringe or otherwise conflict with any trademarks, registrations, or other intellectual property or proprietary rights of others, nor has any claim been made that the conduct of the Roundup L&G Business as now being conducted infringes or otherwise is covered by the intellectual property of a third party, except for any conflict or infringement which would not have a material adverse effect. To the knowledge of Monsanto, none of the Industrial Property is currently being infringed upon by a third party.
(b) The Agent acknowledges the validity of the trademarks which designate and identify Roundup Products. The Agent further acknowledges that Monsanto is the exclusive owner of the Industrial Property.
(c) The Agent agrees that, to the extent it uses Industrial Property, such Industrial Property shall be used in its standard form and style as it appears upon Roundup Products or as instructed in writing by Monsanto. No other letter(s), word(s), design(s),
Industrial Property. The parties, other than the Trustee, shall not intentionally utilize the company name, commercial name, design and registered trademarks of Banco Nacional de México, S.A., a member of the Banamex Financial Group, or of any of its affiliates, subsidiaries or parent company of which it has knowledge (jointly, the “Industrial Property”), in any publicity whether in connection with this Amendment Agreement or not, except (i) with the previous authorization in writing of the Trustee, (ii) in connection with any communication or act between the parties or involving third parties in connection with this Amendment Agreement, or (iii) when carried out (x) for non-profit purposes relating to the use of the Industrial Property, and (y) in connection with this Amendment Agreement.
Industrial Property. Subject to the stipulations of the present Treaty, rights of industrial, literary and artistic property, as such property is defined by the International Conventions of Paris and of Berne mentioned in Article 272, shall be re-established or restored, as from the coming into force of the present Treaty, in the territories of the High Contracting Parties, in favour of the persons entitled to the benefit of them at the moment when the state of war commenced, or their legal representatives. Equally, rights which, except for the war, would have been acquired during the war in consequence of an application made for the protection of industrial property, or the publication of a literary or artistic work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into force of the present Treaty. Nevertheless, all acts done by virtue of the special measures taken during the war under legislative, executive or administrative authority of any Allied Power in regard to the rights of Turkish nationals in industrial, literary or artistic property shall remain in force and shall continue to maintain their full effect. No claim shall be made or action brought by Turkey or Turkish nationals in respect of the use during the war by the Government of any Allied Power, or by any person acting on behalf or with the assent of such Government, of any rights in industrial, literary or artistic property, nor in respect of the sale, offering for sale or use of any products, articles or apparatus whatsoever to which such rights applied. Unless the legislation of any one of the Allied Powers in force at the moment of the signature of the present Treaty otherwise directs, sums due or paid in virtue of any act or operation resulting from the execution of the special measures mentioned in the second paragraph of this Article shall be dealt with in the same way as other sums due to Turkish nationals are directed to be dealt with by the present Treaty; and sums produced by any special measures taken by the Turkish Government in respect of rights in industrial, literary or artistic property belonging to the nationals of the Allied Powers shall be considered and treated in the same way as other debts due from Turkish nationals. Each of the Allied Powers reserves to itself the right to impose such limitations, conditions or restrictions on rights of industrial literary or artistic property (with the exception of trade-marks) acquired ...
Industrial Property. 1. IZSLER-BVR is the owner of the property and all the rights on the Material, Progeny and Unmodified Derivative, except in case of Materials deposited into IZSLER-BVR facilities under the Material Open Deposit Agreement, by Depositor who remains the owner of the Material. The transfer does not grant to the Recipient the ownership of the Material, or any intellectual and industrial property rights.
2. IZSLER-BVR and the Recipient might be co-owner of possible Modification of the Material or novel substances created through the use of the Material. In that case, the Parties shall negotiate with an appropriate written agreement the means of commercial exploitation, patenting, and the regulation of the respective aspects, with the exception of 4.1.
3. In any case, each Party shall be entitled to use such novel substances for research purposes, internal laboratory and educational activities.