Common use of Intellectual Property and Data Clause in Contracts

Intellectual Property and Data. 7.1 It is recognised and understood that the existing inventions, Intellectual Property, Know How and technology of the Sponsor and the Site are their separate property respectively and are not affected by the terms of this Agreement (including but not limited to, Trial Treatment, and information and technology related to the Protocol) and no Party shall have any claims to or any rights in such existing inventions, Intellectual Property, Know How and technologies of the other Party. 7.2 Subject to clause 7.1, in the event that any discovery, Intellectual Property and/or Know How made and/or developed by the Site during the course of the Trial, arising out of the Trial, connected to the performance of the Protocol and/or related to a new use, improvement and/or modification of Trial Treatment, such discovery or invention shall be communicated to and be the property of the Sponsor. 7.3 The Site hereby assigns (on behalf of itself and its employees), its rights in and to all Intellectual Property and, to the extent possible in and to all Know How, arising out of the Trial, clinical intervention, clinical practice relating to the performance of the Protocol or to any new use, improvement and/or modification of Trial Treatment to the Sponsor. At the request and expense of the Sponsor, the Site and the Investigator shall execute all such documents and do all such other acts as the Sponsor may reasonably require in order to vest fully and effectively all such Intellectual Property and Know How in the Sponsor or its nominee. 7.4 Nothing in this clause 7 shall be construed so as to prevent or hinder the Site from using Know How gained during the performance of the Trial in the furtherance of its normal activities of providing or commissioning clinical services, teaching and research to the extent that such use does not result in the disclosure or misuse of Confidential Information or the infringement of any Intellectual Property right of the Sponsor.