Joint Commercialization Clause Samples

The Joint Commercialization clause establishes the terms under which two or more parties collaborate to market, sell, or otherwise commercialize a product, service, or technology together. It typically outlines each party’s roles, responsibilities, and contributions, such as sharing marketing costs, coordinating sales efforts, or jointly developing promotional materials. This clause ensures that both parties have a clear understanding of how joint activities will be managed, helping to prevent disputes and align their efforts toward mutual commercial success.
Joint Commercialization. In the event that the Parties mutually agree to conduct any joint Commercialization activities regarding a Licensed Product following discussion of such activities by the JSC in accordance with Section 5.3.2(e), the Parties will (a) agree in writing to a written work plan and time table for conducing such activities, (b) agree in writing to management and governance mechanisms for such joint activities, including coordination of such activities through the JSC and (c) negotiate in good faith a budget therefor and an equitable allocation of costs between the Parties.
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Joint Commercialization. If the parties jointly decide to proceed with the commercialization of Candidates into Joint Compounds and/or Products incorporating such Joint Compounds, or derivatives thereof, the parties intend to share profits and losses proportionally based on the contribution each party has agreed to make to the total costs of the Development Phase with respect to those Joint Compounds and/or Products. The parties shall negotiate in good faith a commercialization agreement which, in addition to the provisions described in Exhibit D, shall reflect among other matters each party's Interest, Third Party Obligations, reporting requirements, procedures for commercialization and which party is entitled to carry the lead in decision making with respect to product development.
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Joint Commercialization. If both Parties determine that they wish to jointly commercialize the Product in any country in the Joint Territory, then the Parties shall negotiate in good faith a collaboration agreement for the joint marketing and sale of the Product in the Joint Territory, including ownership of any import license (a “Collaboration Agreement”), consistent with the terms set forth in Sections 7.2, 7.4.1 and 7.4.2.
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Joint Commercialization. In the event that the Parties mutually agree to conduct any joint Commercialization activities regarding a Regional Licensed Product, the Parties will (a) agree in writing to a written work plan and time table for conducting such activities; (b) agree in writing to management and governance mechanisms for such joint activities, including coordination of such activities through the PJSC responsible for such Regional Licensed Product; and (c) negotiate in good faith a budget therefor and an equitable allocation of costs between the Parties. At either Party’s request, the Parties will start discussion regarding beneficial joint Commercialization activities [***] years prior to the anticipated First Commercial Sale of the Regional Licensed Product, with any agreement to be preferably finalized not less than [***] years prior to the anticipated First Commercial Sale of the Regional Licensed Product.
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Joint Commercialization. 8 3.1 Overview.............................................................. 8 3.2
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Joint Commercialization. During a period of 6 months following completion of the Pilot Phase (the “Exclusivity Period”), if one Party intends, or becomes aware of an opportunity, to commercialize the THERMO-CVD Process Technology leveraging Improvements made under this JDA or leveraging JDA Intellectual Property, then: (a) that Party will promptly notify the other of its intention or the opportunity (as appropriate); and (b) the Parties will negotiate in good faith on an exclusive basis, for a period of up to 60 days following notification (“Exclusive Negotiation Period”), with a view to both Parties participating in the said commercialization (which negotiations could include the possible formation of a joint venture arrangement between the Parties); and (c) the relevant terms and conditions mutually agreed will be set out in a separate definitive agreement. In the event the Parties fail to reach agreement during any Exclusive Negotiation Period or the Exclusivity Period ends, the Parties shall not be bound to work together on the relevant commercialization.
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Related to Joint Commercialization

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Development and Commercialization Subject to Sections 4.6 and 4.7, Fibrocell shall be solely responsible for the development and Commercialization of Fibrocell Products and Improved Products. Fibrocell shall be responsible for all costs incurred in connection with the Fibroblast Program except that Intrexon shall be responsible for the following: (a) costs of establishing manufacturing capabilities and facilities in connection with Intrexon’s manufacturing obligation under Section 4.6 (provided, however, that Intrexon may include an allocable portion of such costs, through depreciation and amortization, when calculating the Fully Loaded Cost of manufacturing a Fibrocell Product, to the extent such allocation, depreciation, and amortization is permitted by US GAAP, it being recognized that the majority of non-facilities scale-up costs cannot be capitalized and amortized under US GAAP); (b) costs of basic research with respect to the Intrexon Channel Technology and Intrexon Materials (i.e., platform improvements) but, for clarity, excluding research described in Section 4.7 or research requested by the JSC for the development of a Fibrocell Product or an Improved Product (which research costs shall be reimbursed by Fibrocell); (c) [*****]; and (d) costs of filing, prosecution and maintenance of Intrexon Patents. The costs encompassed within subsection (a) above shall include the scale-up of Intrexon Materials and related active pharmaceutical ingredients for clinical trials and Commercialization of Fibrocell Products undertaken pursuant to Section 4.6, which shall be at Intrexon’s cost whether it elects to conduct such efforts internally or through Third Party contractors retained by either Intrexon or Fibrocell (with Intrexon’s consent).

  • Joint Commercialization Committee Upon a decision by the JSC to activate the joint Commercialization committee, but in no case later than eighteen (18) months prior to the projected First Commercial Sale (the “Joint Commercialization Committee” or “JCC”), the Parties shall establish the JCC. The JCC shall hold its initial meeting within thirty (30) days of its establishment. Following its initial meeting, the JCC will meet in person, by teleconference or by video-teleconference at least [***] per [***] to review and discuss material decisions and key activities that relate to the matters set forth below. The JCC will be responsible for the communication, review and discussion of the Commercialization Plan and other Commercialization matters, including marketing strategy and planning, pricing, commercial manufacture, and [***], in each case in the Territory. Without limiting the foregoing, the JCC shall be responsible for: (a) reviewing and consulting with Coherus on the Commercialization Plan prior to adoption of the Commercialization Plan or changes by Licensee; (b) recommending the Commercialization Plan for approval by the JSC prior to adoption of the Commercialization Plan; (c) communicating with the JDC regarding the interrelationship between Development activities and potential Commercialization activities; (d) reviewing and monitoring the activities and progress against the Commercialization Plan; (e) monitoring and reporting on the competitive landscape for the Product in the Territory; (f) establishing appropriate processes for coordinating review of promotional materials for the Territory to ensure compliance with Applicable Laws and industry best practices; (g) overseeing the trademark and publication strategies for the Territory; and (h) communicating with the Parties regarding all of the foregoing.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Commercialization Plan On a Product by Product basis, not later than sixty (60) days after the filing of the first application for Regulatory Approval of a Product in the Copromotion Territory, the MSC shall prepare and approve a rolling multiyear (not less than three (3) years) plan for Commercializing such Product in the Copromotion Territory (the "Copromotion Territory Commercialization Plan"), which plan includes a comprehensive market development, marketing, sales, supply and distribution strategy for such Product in the Copromotion Territory. The Copromotion Territory Commercialization Plan shall be updated by the MSC at least once each calendar year such that it addresses no less than the three (3) upcoming years. Not later than thirty (30) days after the filing of the first application for Regulatory Approval of a Product in the Copromotion Territory and thereafter on or before September 30 of each calendar year, the MSC shall prepare an annual commercialization plan and budget (the "Annual Commercialization Plan and Budget"), which plan is based on the then current Copromotion Territory Commercialization Plan and includes a comprehensive market development, marketing, sales, supply and distribution strategy, including an overall budget for anticipated marketing, promotion and sales efforts in the upcoming calendar year (the first such Annual Development Plan and Budget shall cover the remainder of the calendar year in which such Product is anticipated to be approved plus the first full calendar year thereafter). The Annual Commercialization Plan and Budget will specify which Target Markets and distribution channels each Party shall devote its respective Promotion efforts towards, the personnel and other resources to be devoted by each Party to such efforts, the number and positioning of Details to be performed by each Party, as well as market and sales forecasts and related operating expenses, for the Product in each country of the Copromotion Territory, and budgets for projected Pre-Marketing Expenses, Sales and Marketing Expenses and Post-Approval Research and Regulatory Expenses. In preparing and updating the Copromotion Territory Commercialization Plan and each Annual Commercialization Plan and Budget, the MSC will take into consideration factors such as market conditions, regulatory issues and competition.