Provision Language
7. Intellectual Property
7.1. For the purposes of this Section and the Agreement as a whole, the following definitions apply:
a. “IPR” means any patent, registered design, copyright, database right, design right, topography right, trade mark, service mark, application to register any of the aforementioned rights, trade secret, right in unpatented know-how, right of confidence and any other intellectual or industrial property right of any nature whatsoever (including in inventions) in any part of the world;
b. “Background IPR” means IPR owned by any of the Parties prior to the Effective Date or developed independently of the Activities under this Agreement used for the Activities and CUREVAC Background IPR shall be construed accordingly and is listed in Appendix 5;
c. “Project IPR” means IPR created in the course of the performance of the Activities.
7.2. All Background IPRs disclosed or used in the performance of the Activities by CUREVAC are and shall remain the exclusive property of CUREVAC (or where applicable the third party from whom CUREVAC derives the right to use such IPRs).
[…]
7.4. Unless agreed by both CUREVAC and the Foundation to the contrary with any third party involved in the Activities, all Project Materials and Project IPRs created during performance of the Activities shall belong to CUREVAC.
