Protection of Foreground Clause Samples
The 'Protection of Foreground' clause establishes how newly developed intellectual property (often called 'Foreground IP') created during a project or collaboration will be safeguarded. Typically, this clause outlines the procedures for identifying, documenting, and securing rights to such IP, including filing for patents or other protections, and may specify which party is responsible for these actions. Its core function is to ensure that valuable innovations arising from the collaboration are properly protected and that ownership or usage rights are clearly allocated, thereby preventing disputes and securing the interests of the parties involved.
Protection of Foreground. Where foreground is capable of industrial or commercial application, its owner shall provide for its adequate and effective protection, having due regard to its own legitimate interests and the legitimate interests, particularly the commercial interests, of the other beneficiaries. Where a beneficiary which is not the owner of the foreground invokes its legitimate interests, it shall show that it would suffer disproportionately great harm.
Protection of Foreground. Each party may take such steps as it may decide from time to time to register and maintain any protection for its Foreground, including filing and prosecuting patent applications. It shall provide at the latest at the day of filing written notice to the IP Board of the fact a filing has been made. Within one (1) month after filing, the party shall provide the IP Board sufficient details to enable it to trace the patent (application) after its publication. This obligation shall survive termination of the Program for twelve (12) months.
Protection of Foreground. Foreground capable of industrial or commercial application, shall be protected by adequate and effective means by its owner having due regard to its legitimate interest and of the other Parties, particularly those commercial. Where a Party which is not the owner of the Foreground invokes its legitimate interest, it must, in any given instance, show that it would suffer disproportionately great harm.
Protection of Foreground. Miraculous-Life participants will, individually and collectively, reflect on the best strategy to protect in view of the use of the Foreground both in further research and in the development of commercial products, processes or services. Foreground which is capable of industrial or commercial application should be protected by its owner, having due regard to its legitimate interests and the legitimate interests of the other project partners. In case that a participant does not intend to protect its foreground, it may first offer to transfer it to another participant or even to certain third parties, which may consider it worthwhile protecting this piece of Foreground, rather than leaving it unprotected and available for use by competitors.
Protection of Foreground. It is up to the Client to ensure the protection of I.E. rights (or the exclusive right to vest them) on (a part of) Foreground created in the context of Commission, by performing a further action (e.g. patenting). VLCI will provide the cooperation reasonably required for the vesting of the right. Additional cooperation may be subject to further terms and conditions. VLCI will not investigate the possibility of protecting Foreground with IP rights.
Protection of Foreground. Each party may take such steps as it may decide from time to time to register and maintain any protection for its Foreground, including filing and prosecuting patent applications. The filing party will inform the other parties of such filing at the Steering Committee meeting immediately following such filing and provide the other parties with sufficient detail to enable them to (i) assess whether they need to ask Access Rights pursuant to article 7.4, and (ii) trace the patent application after publication. This obligation will survive termination of the Project for a period of twelve (12) months.
Protection of Foreground. Each Partner may take such steps as it may decide from time to time to register and maintain any protection for its Foreground, including filing and prosecuting patent applications. It shall provide at the latest at the day of filing written notice to the IP Board of the fact a filing has been made. Within one (1) month after filing, the Partner shall provide the IP Board sufficient details to enable it to trace the patent (application) after its publication. This obligation shall survive termination of the Program for twelve (12) months.
Protection of Foreground. 13.2.2.1 Where Foreground is capable of industrial or commercial application, the Partner may provide for its adequate and effective protection, in conformity with relevant legal provisions, including the Agreement with due regard to the legitimate interest of ▇▇▇ ▇▇▇▇.
13.2.2.2 Where the Partner does not intend to protect its Foreground in a specific country it shall inform ▇▇▇ ▇▇▇▇. Where the Partner intends to waive the protection of its Foreground, ▇▇▇ ▇▇▇▇ shall be informed at least 45 days prior to the corresponding deadline. In such a case and where ▇▇▇ ▇▇▇▇ consider it necessary to protect such Foreground in a particular country, ESS ▇▇▇▇ ▇▇▇, at its own discretion adopt measures to protect the Foreground.
13.2.2.3 The Partner may publish or allow the publication of data, on whatever medium, concerning Foreground it owns provided that this does not affect the protection of that Foreground. ▇▇▇ ▇▇▇▇ shall be given 30 days prior written notice of any planned publication. If, before the end of this period, ▇▇▇ ▇▇▇▇ so requests, a copy of this data shall be communicated to it within 30 days after receipt of such request. ESS ▇▇▇▇ ▇▇▇ object to the publication within 30 days after receipt of the data to be published, if it considers that the protection of the Foreground would be adversely affected by this publication. The planned publication shall be suspended until the end of this consultation period, which should not exceed six (6) months. In the absence of any objection within the above-mentioned period, it is deemed that ▇▇▇ ▇▇▇▇ agrees.
13.2.2.4 To the extent possible under this Agreement, Open Source and Open Access principles shall be favoured according to the Statutes and the Framework.
Protection of Foreground. II.16.1 The Contractor shall systematically and in due time report to Fusion for Energy any creation of foreground using the form provided in Annex D to this Contract.
II.16.2 Where patentable foreground is created in the execution of the Contract, Fusion for Energy shall have the right to file patent applications and obtain patents on its name. The Contractor shall take the necessary legal and administrative measures to enable Fusion for Energy to file patent applications and obtain patents in its own name.
(4) OJ L 358 of 16.12.2006, p.62
Protection of Foreground. 8.1 The party that has the right to protect (part of) the Foreground by means of one or more IP Rights, shall inform the other party about its exercise of that right and the specific content thereof. TNO and the Client shall provide each other with all reasonably required cooperation to vest one or more IP Rights. TNO will not carry out any investigation, with respect to the possibilities of protecting Foreground by means of IP Rights.
8.2 If the Client has the right to protect (part of) the Foreground and refrains from doing so, the Client shall inform TNO and shall give TNO the opportunity to protect the (or that part of) the Foreground or to continue such protection, in which respect it is noted that all other reciprocal rights under the Agreement (including rights of use) shall remain unchanged.
8.3 In the event the Client discovers an infringement on IP Rights with respect to Foreground of TNO and/or Background of TNO, the Client shall notify TNO as soon as possible.