Restrictions of Access- rights Clause Samples

Restrictions of Access- rights. In accordance with Contract Annex II, Article 19, each Party has the right to exclude specific Pre-existing Know-how from the other Parties’ access, as far as the restrictions are announced as described hereinafter before the signature of the Contract or before the effective joining of a new party. The procedure comprises the following steps: - The Co-ordinator shall first be informed by the owning Party in writing about the type and scope of Pre- existing Know-how for which exclusion from access is requested or announced, - The Co-ordinator will inform the other Parties about such requests or announcements. - The exclusion from access to Pre-existing Know-how will become effective in accordance with Annex II, Article 19, subject to the written contradiction of the other Parties to be substantiated in accordance with Annex II, Article 19, - In case a Party objects to exclusion from access to Pre-existing Know-how, the Party seeking to exclude access must petition the IPR-Council to decide whether the exclusion can take effect. Until a decision of the IPR Council is taken, access to Pre-existing Know-how is regarded as denied. - In the event that a new Party is admitted to the Project, any other Party may exclude access to Pre Existing Know-how only to the newly admitted Party. - the Pre-existing Know-how originally excluded from access or excluded at any later moment or any modification thereof will be listed in Annex D and become part of this Consortium Agreement.
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