Marketing of Licensed Products Clause Samples
The "Marketing of Licensed Products" clause defines the rights and obligations of the parties regarding the promotion, advertising, and sale of products covered by the license agreement. Typically, it outlines which party is responsible for marketing activities, sets standards or requirements for branding and promotional materials, and may specify territories or channels where the products can be marketed. This clause ensures that both parties have a clear understanding of their roles in bringing the licensed products to market, helping to prevent disputes and maximize the commercial success of the products.
Marketing of Licensed Products. SPKK agrees and acknowledges that as a condition to the license rights contained in this Agreement, SPKK and its permitted sublicensees shall use only the Marks in connection with the sale or advertising of Licensed Products, provided, however, that where SPKK offers good cause as to why a ▇▇▇▇ is unsuitable for commercialization of Licensed Products in the SPKK Territory, SciClone shall file for and maintain, at its expense, during the term of this Agreement, variations on any ▇▇▇▇ [*REDACTED] to ensure the optimal trademark for the SPKK Territory. SPKK and SciClone will discuss and decide jointly prior to filing of the initial NDA with respect to a Licensed Product whether it is most advantageous to the parties to market Licensed Products under a single or multiple ▇▇▇▇.
Marketing of Licensed Products. 4.1. SAG hereby relinquishes and releases any claim it may have to any trademark or trade name, together with any related goodwill, associated with a SAGA Product that SAGA has announced or is marketing or advertising as of the Effective Date. SAGA hereby relinquishes and releases any claim it may have to any trademark or trade name, together with any related goodwill, associated with a SAG Product that SAG has announced or is marketing or advertising as of the Effective Date. Each party will execute such assignments and similar documents as may be necessary to transfer any trademark registration in a manner consistent with the foregoing.
4.2. Each party, in its capacity as an Originating Party, grants the Distributing Party a license (co-extensive and co-terminous with such Distributing Party's license rights to the applicable Licensed Product) to use the Originating Party's trademarks and trade names associated with their applicable Licensed Products.
4.3. SAG agrees and acknowledges that it will not use, create, acquire or at any time own within the Territory an Affiliate with, the name "Software AG Americas," "Software AG North America" or any other name confusingly similar to any name formerly used by SAGA or SAGSI. SAG will have the right to use the trademark "Software AG" within the Territory in a manner that avoids confusion with SAGA. In the event of any such confusion, the parties will cooperate in order to eliminate promptly that confusion.
4.4. Unless the parties agree otherwise in writing, each party shall structure its agreements appointing Distributors and otherwise conduct its business so that (i) for each End User license for a Licensed Product granted by a Distributor, a license fee is paid by the End User to the Distributor and an amount is paid by the Distributor to the party that has appointed the Distributor, (ii) license fees and other amounts payable are fairly allocated to Licensed Products and there is no other unfair discrimination between SAG Products and SAGA Products.
4.5. Each party's use of trademarks specifically associated with specific Licensed Products of the other party (a "Product ▇▇▇▇"; for example, the "Construct" ▇▇▇▇, in the case of SAGA, and the "Tamino", "Bolero", "Entire- X" marks, in the case of SAG), in connection with the respective Licensed Products shall be (i) consistent with the high quality image of the parties so as to enhance the respective Product ▇▇▇▇ and the goodwill relating thereto, and (ii) gener...
Marketing of Licensed Products. During the term of this Agreement, Licensee shall use its best reasonable efforts to market Licensed Products to the extent it is commercially feasible to do so, taking into account the severe limitations on Licensee's ability to market Licensed Products caused by Licensee's impaired financial condition,
Marketing of Licensed Products. To the extent commercially feasible and consistent with prevailing business practices, Cell Medica shall ▇▇▇▇, and shall cause its sublicensees to ▇▇▇▇, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.
Marketing of Licensed Products. To the extent commercially feasible and consistent with prevailing business practices, Kuur shall ▇▇▇▇, and shall cause its sublicensees to ▇▇▇▇, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.
Marketing of Licensed Products. 4.1 The Licensed Products produced by the SNW may be sold only pursuant to the terms of this Section 4.
4.2 The SNW shall be primarily responsible for managing and shall have ultimate control over sales of Licensed Products produced at the SNW Plant in mainland China, Hong Kong and Macau. Sales to Taiwan are governed by Section 4.4 below.
4.3 Subject to ▇▇▇▇▇▇▇▇'▇ purchase obligations in the Manufacturing Agreement, ▇▇▇▇▇▇▇▇ shall be primarily responsible for managing and shall have ultimate control over sales of the Licensed Products produced at the SNW Plant in all markets other than mainland China, Taiwan, Hong Kong and Macau.
4.4 Subject to ▇▇▇▇▇▇▇▇'▇ purchase obligations in the Manufacturing Agreement, ▇▇▇▇▇▇▇▇ shall be primarily responsible for managing and shall have ultimate control over sales of the Licensed Products produced at the SNW Plant in Taiwan until December 31, 1998. Prior to December 31, 1998, the SNW and ▇▇▇▇▇▇▇▇ shall agree upon the distribution method in Taiwan. After December 31, 1998, the SNW shall be primarily responsible for managing and shall have ultimate control over sales of the Licensed Products produced at the SNW Plant in Taiwan under the distribution method agreed to by ▇▇▇▇▇▇▇▇ and the SNW.
Marketing of Licensed Products