Common use of Other Joint Inventions Clause in Contracts

Other Joint Inventions. Except as provided in paragraph (a) above, the Parties shall jointly own all Joint Inventions (and patents and other intellectual property rights thereto). “Joint Inventions” means all Project Inventions for which it is determined that both: (i) one or more employees, consultants or agents of Q-Med or any of its Affiliates or any other persons obliged to assign such Project Invention to Q-Med or any of its Affiliates; and (ii) one or more employees, consultants or agents of QMS or any of its Affiliates or any other persons obliged to assign such Project Invention to QMS or any of its Affiliates, are joint inventors of such Project Invention under applicable patent laws, exclusive, however, of Project Inventions that would otherwise qualify as Joint Inventions but which shall be Q-Med Inventions pursuant to paragraph (b) above. Subject to the rights granted each Party under this Agreement, each Party shall have the right to use Joint Inventions and Joint Patents without the consent of or accounting to the other Party unless the law of such country does not allow the parties to waive such accounting.

Appears in 2 contracts

Sources: License Agreement, License Agreement (Salix Pharmaceuticals LTD)