Common use of New Inventions Clause in Contracts

New Inventions. From time to time, new improvements, modifications, materials, discoveries, works, marks, names, inventions, trade dress, and other intellectual property may be jointly or separately conceived, reduced to practice, invented, developed, discovered or made by the parties in connection with (i) the use of or access to the VUSA/Viragen Confidential Information, and/or the (ii) assistance of VUSA and Viragen employees, consultants and contractors, and/or (iii) work performed under this Agreement by the any of the parties (all of which are collectively the "New Inventions"). ABC or the PIBCs shall promptly inform VUSA in writing of all such New Inventions upon their creation and treat them as VUSA's Confidential Information. New Inventions do not include ABC's proprietary methods, procedures or technology, or improvements, or modifications thereof, to the extent not based on or derived from (i) the use of or access to the VUSA/Viragen Confidential Information, and/or the (ii) assistance of VUSA and Viragen employees, consultants and contractors.