Common use of Right to Publish Clause in Contracts

Right to Publish. ‌ (a) Notwithstanding any other obligation in this Agreement, the parties are permitted to publish the Project IP (including any Pre-existing IPR or Third Party IPR incorporated into the Project IP) in accordance with this clause 8.3.‌ (b) The parties will ensure that all publications and presentations in respect of the Project comply with the authorship and publication requirements of the Australian Code for the Responsible Conduct of Research, as amended from time to time. (c) In addition to clause 8.3(a), each party (a 'Publishing Party') may only proceed with publishing or submitting for publication, or presenting, anything in relation to the Project that discloses any Confidential Information of the other party or the Project IP ('Publication'), provided that it has complied with the process set out in clauses 8.3(d) and 8.3(e) and is permitted to proceed in accordance with clause 8.3(h). (d) The Publishing Party must provide a copy of the proposed Publication to the other party (the 'Reviewing Party') for review and response in accordance with clause 8.3(e).‌ (e) Within 30 Business Days of the Publishing Party providing the Publication to the Reviewing Party for review, the Reviewing Party must notify the Publishing Party in writing that it:‌ (i) gives unconditional consent; (ii) gives consent subject to certain amendments being made (including, if required, the removal of the Reviewing Party’s Confidential Information) which are in the reasonable opinion of the Reviewing Party necessary to ensure its Confidential Information is not disclosed and its privacy obligations are met; or‌ (iii) requires the Publication to be delayed for up to 3 months so as to not prejudice its ability to protect and/or Commercialise its IPR in the Project IPR, Confidential Information or Pre-existing IPR.‌ (f) Notwithstanding clause 8.3(e)(ii), the Reviewing Party will not have editorial rights over the content of the Publication. (g) If the Publishing Party does not receive a response in accordance with clause 8.3(e) within 20 Business Days of the Reviewing Party receiving the Publication for review, the Publishing Party may provide the Reviewing Party with a further notice in writing requiring confirmation that it has no objections to the Publication. The Reviewing Party will be deemed to have given unconditional consent to the Publication if it does not respond to such further notice within 10 Business Days of receipt, notifying of any required amendments or a delay in accordance with clause 8.3(e). (h) The Publishing Party may proceed with the Publication:‌ (i) upon unconditional consent being given by the Reviewing Party; or (ii) if amendments are required under clause 8.3(e)(ii), upon all reasonable amendments being made; and (iii) if a period of delay is required under clause 8.3(e)(iii), upon the expiry of that period. (i) This clause 8.3 does not apply to the non-public presentation or submission of Student Work for assessment or examination and instead clause 8.4 applies in such circumstances.

Appears in 2 contracts

Sources: Accelerated Research Agreement, Accelerated Research Agreement

Right to Publish. (a) Notwithstanding any other obligation in this Agreement, the parties are permitted to publish the Project IP (including any Pre-existing IPR or Third Party IPR incorporated into the Project IP) Results in accordance with this clause 8.3.‌8.2. (b) The parties will ensure that all publications and presentations in respect of the Project comply with the authorship and publication requirements of the Australian Code for the Responsible Conduct of Research, as amended from time to time. (c) In addition to clause 8.3(a8.2(a), each party (a 'Publishing Party') may only proceed with publishing or submitting for publication, or presenting, anything in relation to the Project that discloses any Confidential Information of the other party or the Project IP ('Publication'), provided that it has complied with the process set out in clauses 8.3(d8.2(d) and 8.3(e8.2(e) and is permitted to proceed in accordance with clause 8.3(h8.2(h). (d) The Publishing Party must provide a copy of the proposed Publication to the other party (the 'Reviewing Party') for review and response in accordance with clause 8.3(e).‌8.2(e). (e) Within 30 Business Days days of the Publishing Party providing the Publication to the Reviewing Party for review, the Reviewing Party must notify the Publishing Party in writing that it:‌ (i) it: gives unconditional consent; (ii) ; gives consent subject to certain amendments being made (including, if required, the removal of the Reviewing Party’s Confidential Information) which are in the reasonable opinion of the Reviewing Party necessary to ensure its Confidential Information is not disclosed and its privacy obligations are met; or‌ (iii) or requires the Publication to be delayed for up to 3 months so as to not prejudice its ability to protect and/or and Commercialise its IPR in the Project IPR, Confidential Information or other Pre-existing IPR.‌IPR. (f) Notwithstanding clause 8.3(e)(ii8.2(e)(ii), the Reviewing Party will not have editorial rights over the content of the Publication. (g) If the Publishing Party does not receive a response in accordance with clause 8.3(e8.2(e) within 20 Business Days 30 days of the Reviewing Party receiving the Publication for review, the Publishing Party may provide the Reviewing Party with a further notice in writing requiring confirmation that it has no objections to the Publication. The Reviewing Party will be deemed to have given unconditional consent to the Publication if it does not respond to such further notice within 10 Business Days days of receipt, notifying of any required amendments or a delay in accordance with clause 8.3(e8.2(e). (h) The Publishing Party may proceed with the Publication:‌ (i) Publication: upon unconditional consent being given by the Reviewing Party; or (ii) or if amendments are required under clause 8.3(e)(ii8.2(e)(ii), upon all reasonable amendments being made; and (iii) and if a period of delay is required under clause 8.3(e)(iii8.2(e)(iii), upon the expiry of that period. (i) This clause 8.3 8.2 does not apply to the non-public presentation or submission of Student Work for assessment or examination and instead clause 8.4 8.3 applies in such circumstances.

Appears in 2 contracts

Sources: Accelerated Research Agreement, Accelerated Research Agreement

Right to Publish. (a) Notwithstanding any other obligation in this Agreement, the parties are permitted to publish the Project IP (including any Pre-existing IPR or Third Party IPR incorporated into the Project IP) Results in accordance with this clause 8.3.‌12. (b) The parties will ensure that all publications and presentations in respect of the Project comply with the authorship and publication requirements of the Australian Code for the Responsible Conduct of Research, as amended from time to time. (c) In addition to clause 8.3(a12(a), each party (a 'Publishing Party') may only proceed with publishing or submitting for publication, or presenting, anything in relation to the Project that discloses any Confidential Information of the other party or the Project IP ('Publication'), provided that it has complied with the process set out in clauses 8.3(d12(d) and 8.3(e12(e) and is permitted to proceed in accordance with clause 8.3(h12(h). (d) The Publishing Party must provide a copy of the proposed Publication to the other party (the 'Reviewing Party') for review and response in accordance with clause 8.3(e).‌12(e). (e) Within 30 Business Days days of the Publishing Party providing the Publication to the Reviewing Party for review, the Reviewing Party must notify the Publishing Party in writing that it:‌it: (i) gives unconditional consent; (ii) gives consent subject to certain amendments being made (including, if required, the removal of the Reviewing Party’s Confidential Information) which are in the reasonable opinion of the Reviewing Party necessary to ensure its Confidential Information is not disclosed and its privacy obligations are met; or‌or (iii) requires the Publication to be delayed for up to 3 months so as to not prejudice its ability to protect and/or and Commercialise its IPR in the Project IPR, Confidential Information or other Pre-existing IPR.‌IPR. (f) Notwithstanding clause 8.3(e)(ii12(e)(ii), the Reviewing Party will not have editorial rights over the content of the Publication. (g) If the Publishing Party does not receive a response in accordance with clause 8.3(e12(e) within 20 Business Days 30 days of the Reviewing Party receiving the Publication for review, the Publishing Party may provide the Reviewing Party with a further notice in writing requiring confirmation that it has no objections to the Publication. The Reviewing Party will be deemed to have given unconditional consent to the Publication if it does not respond to such further notice within 10 Business Days days of receipt, notifying of any required amendments or a delay in accordance with clause 8.3(e12(e). (h) The Publishing Party may proceed with the Publication:‌Publication: (i) upon unconditional consent being given by the Reviewing Party; or (ii) if amendments are required under clause 8.3(e)(ii12(e)(ii), upon all reasonable amendments being made; and (iii) if a period of delay is required under clause 8.3(e)(iii12(e)(iii), upon the expiry of that period. (i) This clause 8.3 12 does not apply to the non-public presentation or submission of Student Work for assessment or examination and instead clause 8.4 13 applies in such circumstances.

Appears in 2 contracts

Sources: Standard Research Agreement, Research Agreement

Right to Publish. ‌ (a) Notwithstanding 4.1 A Party may publish or allow the publication of data, on whatever medium or orally, concern- ing Knowledge it owns provided that this does not affect the protection of that Knowledge or the Knowledge of any other obligation in this Agreement, Party and provided also that the parties are permitted data does not include any Confi- dential Information disclosed to publish the Project IP (including it by any Pre-existing IPR or Third Party IPR incorporated into the Project IP) in accordance with this clause 8.3.‌ (b) The parties will ensure that all publications and presentations in respect of the Project comply with the authorship and publication requirements of the Australian Code for the Responsible Conduct of Research, as amended from time to timeother Party. (c) In addition to clause 8.3(a)4.2 The other Parties shall be given 30 days prior written notice of any planned publication. If, each party (a 'Publishing Party') may only proceed with publishing or submitting for publicationbefore the end of this period, or presenting, anything in relation to the Project that discloses any Confidential Information of the other party or the Project IP ('Publication')Parties so requests, provided that it has complied with the process set out in clauses 8.3(d) and 8.3(e) and is permitted to proceed in accordance with clause 8.3(h). (d) The Publishing Party must provide a copy of the data envisaged to be published shall be communicated to it/them within 30 days after receipt of such request. The Party contemplating the publication shall delay the proposed Publication publication until the end of the 30 day period set out in Article 4.3 below if any of the other Parties request a copy of the data envisaged to be published, or longer if an objection is raised as set out in Article 4.3 be- low. 4.3 Either of the Parties may object to the other party (the 'Reviewing Party') for review and response in accordance with clause 8.3(e).‌ (e) Within publication within 30 Business Days days after receipt of the Publishing data en- visaged to be published, if it considers that the planned publication contains Confidential In- formation disclosed by it or that the protection of its Knowledge or Knowledge which the no- tifying Party providing has not protected (see Article 4.3.2.2 of the Publication to Agreement) would be adversely af- fected by this publication. In the Reviewing Party for reviewabsence of any such objection within the above-mentioned period, it is deemed that all the Parties agree. If an objection is raised as aforesaid, the Reviewing Party must notify the Publishing Party in writing that it:‌ (i) gives unconditional consent; (ii) gives consent subject to certain amendments being made (including, if required, the removal of the Reviewing Party’s Confidential Information) which are in the reasonable opinion of the Reviewing Party necessary to ensure its Confidential Information is not disclosed and its privacy obligations are met; or‌ (iii) requires the Publication to be delayed for up to 3 months so as to not prejudice its ability to protect and/or Commercialise its IPR in the Project IPR, Confidential Information or Pre-existing IPR.‌ (f) Notwithstanding clause 8.3(e)(ii), the Reviewing Party will not have editorial rights over the content of the Publication. (g) If the Publishing Party does not receive a response in accordance Parties shall consult with clause 8.3(e) within 20 Business Days of the Reviewing Party receiving the Publication for review, the Publishing Party may provide the Reviewing Party each other with a further notice in writing requiring confirmation that it has no objections view to agree on the Publicationmatter of publication. The Reviewing Party will planned publication shall be deemed to have given unconditional consent to the Publication if it does not respond to such further notice within 10 Business Days of receipt, notifying of any required amendments or a delay in accordance with clause 8.3(e). (h) suspended during this consultation period. The Publishing Party may proceed with the Publication:‌ (i) upon unconditional consent being given by the Reviewing Party; or (ii) if amendments are required under clause 8.3(e)(ii), upon all reasonable amendments being made; and (iii) if planned publication can be postponed for a period of delay maximum six months from receipt of the data envisaged to be pub- lished to allow the objecting Party/Parties to take measures to protect its/their Knowledge and Knowledge which the notifying Party has not protected (see Article 4.3.2.2 of the Agreement). After this six-month period, publication shall be permitted, except in specific cases where the PC decides that further postponement is required under clause 8.3(e)(iii), upon required. The PC may decide that the expiry planned publi- cation shall be postponed for an additional period of that periodmaximum six months. (i) This clause 8.3 does 4.4 Knowledge and Confidential Information supplied by a Party shall not apply to the non-public presentation or submission of Student Work for assessment or examination and instead clause 8.4 applies in such circumstancesany event be pub- lished without that Party’s prior written consent.

Appears in 1 contract

Sources: Collaboration Agreement

Right to Publish. ‌ (a) Notwithstanding any other obligation obligations in this the Agreement, the parties are permitted to publish the Project IP (including any Pre-existing IPR or Third Party IPR incorporated into the Project IP) in accordance with this clause 8.3.‌11. (b) The parties will ensure that all publications and presentations in respect of the Project comply with the authorship and publication requirements of the Australian Code for the Responsible Conduct of Research, as amended from time to time.time.‌ (c) In addition to clause 8.3(a11(b), each party (a 'Publishing Party') may only proceed with publishing or submitting for publication, or presenting, anything in relation to the Project that discloses any Confidential Information of the any other party or the Project IP ('Publication'), provided that it has complied with the process set out in clauses 8.3(d11(d) and 8.3(e11(e) and is permitted to proceed in accordance with clause 8.3(h11(h). (d) The Publishing Party must provide a copy of the proposed Publication to the other party or parties to whom the Publication relates (the 'Reviewing Party') for review and response in accordance with clause 8.3(e).‌11(e).‌ (e) Within 30 Business Days of the Publishing Party providing the Publication to the a Reviewing Party for review, the Reviewing Party must notify the Publishing Party in writing that it:‌ (i) gives unconditional consent; (ii) gives consent subject to certain amendments being made (including, if required, the removal of the Reviewing Party’s Confidential Information) which are in the reasonable opinion of the Reviewing Party necessary to ensure its Confidential Information is not disclosed and its privacy obligations are met; or‌ (iii) requires the Publication to be delayed for up to 3 months so as to not prejudice its ability to protect and/or Commercialise its the IPR in the Project IPRIP, Confidential Information or Pre-existing IPR.‌ (f) Notwithstanding clause 8.3(e)(ii11(e)(ii), the Reviewing Party will not have editorial rights over the content of the Publication. (g) If the Publishing Party does not receive a response in accordance with clause 8.3(e11(d) within 20 Business Days of the a Reviewing Party receiving the Publication for review, the Publishing Party may provide the Reviewing Party with a further notice in writing requiring confirmation that it has no objections to the Publication. The Reviewing Party will be deemed to have given unconditional consent to the Publication if it does not respond to such further notice within 10 5 Business Days of receipt, notifying of any required amendments or a delay in accordance with clause 8.3(e11(d). (h) The Publishing Party may proceed with the Publication:‌ (i) upon unconditional consent being given by the each Reviewing Party; or (ii) if amendments are required under clause 8.3(e)(ii11(e)(ii), upon all reasonable amendments being made; and (iii) if a period of delay is required under clause 8.3(e)(iii11(e)(iii), upon the expiry of that period. (i) This clause 8.3 11 does not apply to the non-public presentation or submission of Student Work for assessment or examination and instead clause 8.4 12 applies in such circumstances.

Appears in 1 contract

Sources: Multi Party Collaboration Agreement

Right to Publish. ‌ (a) Notwithstanding any other obligation in this Agreement, the parties are permitted to publish the Project IP (including any Pre-existing IPR or Third Party IPR incorporated into the Project IP) in accordance with this clause 8.3.‌12.‌ (b) The parties will ensure that all publications and presentations in respect of the Project comply with the authorship and publication requirements of the Australian Code for the Responsible Conduct of Research, as amended from time to time. (c) In addition to clause 8.3(a12(a), each party (a 'Publishing Party') may only proceed with publishing or submitting for publication, or presenting, anything in relation to the Project that discloses any Confidential Information of the other party or the Project IP ('Publication'), provided that it has complied with the process set out in clauses 8.3(d12(d) and 8.3(e12(e) and is permitted to proceed in accordance with clause 8.3(h12(h). (d) The Publishing Party must provide a copy of the proposed Publication to the other party (the 'Reviewing Party') for review and response in accordance with clause 8.3(e).‌12(e).‌ (e) Within 30 Business Days of the Publishing Party providing the Publication to the Reviewing Party for review, the Reviewing Party must notify the Publishing Party in writing that it:‌ (i) gives unconditional consent; (ii) gives consent subject to certain amendments being made (including, if required, the removal of the Reviewing Party’s Confidential Information) which are in the reasonable opinion of the Reviewing Party necessary to ensure its Confidential Information is not disclosed and its privacy obligations are met; or‌ (iii) requires the Publication to be delayed for up to 3 months so as to not prejudice its ability to protect and/or Commercialise its IPR in the Project IPRIP, Confidential Information or Pre-existing IPR.‌ (f) Notwithstanding clause 8.3(e)(ii12(e)(ii), the Reviewing Party will not have editorial rights over the content of the Publication. (g) If the Publishing Party does not receive a response in accordance with clause 8.3(e12(e) within 20 Business Days of the Reviewing Party receiving the Publication for review, the Publishing Party may provide the Reviewing Party with a further notice in writing requiring confirmation that it has no objections to the Publication. The Reviewing Party will be deemed to have given unconditional consent to the Publication if it does not respond to such further notice within 10 5 Business Days of receipt, notifying of any required amendments or a delay in accordance with clause 8.3(e12(e). (h) The Publishing Party may proceed with the Publication:‌ (i) upon unconditional consent being given by the Reviewing Party; or (ii) if amendments are required under clause 8.3(e)(ii12(e)(ii), upon all reasonable amendments being made; and (iii) if a period of delay is required under clause 8.3(e)(iii12(e)(iii), upon the expiry of that period. (i) This clause 8.3 12 does not apply to the non-public presentation or submission of Student Work for assessment or examination and instead clause 8.4 13 applies in such circumstances.

Appears in 1 contract

Sources: Research Agreement

Right to Publish. (a) Notwithstanding any other obligation obligations in this the Agreement, the parties are permitted to publish the Project IP (including any Pre-existing IPR or Third Party IPR incorporated into the Project IP) Results in accordance with this clause 8.3.‌11. (b) The parties will ensure that all publications and presentations in respect of the Project comply with the authorship and publication requirements of the Australian Code for the Responsible Conduct of Research, as amended from time to time. (c) In addition to clause 8.3(a11(b), each party (a 'Publishing Party') may only proceed with publishing or submitting for publication, or presenting, anything in relation to the Project that discloses any Confidential Information of the other a party or the Project IP parties ('Publication'), provided that it has complied with the process set out in clauses 8.3(d11(d) and 8.3(e11(e) and is permitted to proceed in accordance with clause 8.3(h11(h). (d) The Publishing Party must provide a copy of the proposed Publication to the other party or parties to whom the Publication relates (the 'Reviewing Party') for review and response in accordance with clause 8.3(e).‌11(e). (e) Within 30 Business Days days of the Publishing Party providing the Publication to the a Reviewing Party for review, the Reviewing Party must notify the Publishing Party in writing that it:‌it: (i) gives unconditional consent; (ii) gives consent subject to certain amendments being made (including, if required, the removal of the Reviewing Party’s Confidential Information) which are in the reasonable opinion of the Reviewing Party necessary to ensure its Confidential Information is not disclosed and its privacy obligations are met; or‌or (iii) requires the Publication to be delayed for up to 3 months so as to not prejudice its ability to protect and/or and Commercialise its IPR in the Project IPR, Confidential Information or other Pre-existing IPR.‌IPR. (f) Notwithstanding clause 8.3(e)(ii11(e)(ii), the Reviewing Party will not have editorial rights over the content of the Publication. (g) If the Publishing Party does not receive a response in accordance with clause 8.3(e11(d) within 20 Business Days 30 days of the a Reviewing Party receiving the Publication for review, the Publishing Party may provide the Reviewing Party with a further notice in writing requiring confirmation that it has no objections to the Publication. The Reviewing Party will be deemed to have given unconditional consent to the Publication if it does not respond to such further notice within 10 Business Days days of receipt, notifying of any required amendments or a delay in accordance with clause 8.3(e11(d). (h) The Publishing Party may proceed with the Publication:‌Publication: (i) upon unconditional consent being given by the each Reviewing Party; or (ii) if amendments are required under clause 8.3(e)(ii11(e)(ii), upon all reasonable amendments being made; and (iii) if a period of delay is required under clause 8.3(e)(iii11(e)(iii), upon the expiry of that period. (i) This clause 8.3 11 does not apply to the non-public presentation or submission of Student Work for assessment or examination and instead clause 8.4 12 applies in such circumstances.

Appears in 1 contract

Sources: Multi Party Collaboration Agreement