Master Alliance Provisions Guide (MAPGuide)

IMI 2 Joint Undertaking Model Consortium Agreement

  • Information sharing & data safety | Confidentiality
  • Information sharing & data safety | Exceptions and limitations to the confidentiality obligations

§10.4 The confidentiality obligations under this Clause 10 does not apply if: (a) the Disclosing Beneficiary agrees in writing that it no longer considers the Confidential Information as protected by the terms of this Clause 10 (§10.4.1); (b) the Confidential Information was already known by the Receiving Beneficiary or any of its Affiliated Entities, Linked Third Parties, Associated Partners and/or Sub-Contractors or is given to such parties by a Third Party without obligation of confidentiality to the extent such Third Party was not bound by any obligation of confidentiality with respect to such Confidential Information (§10.4.2); (c) the Receiving Beneficiary proves that the information was developed independently by the Receiving Beneficiary or its Affiliated Entity, Linked Third Parties, Associated Partners and/or Sub-Contractors without the use of Confidential Information (§10.4.3); (d) at the time of disclosure, the Confidential Information is or after such disclosure becomes generally and publicly available, without breaching any confidentiality obligation by the Receiving Beneficiary (§10.4.4); (e) Disclosure of Confidential Information shall be permitted if the Receiving Beneficiary is required to do so by or in connection with any laws, regulations or legal processing, or court of competent jurisdiction, provided that such disclosure is subject to all applicable governmental, regulatory or judicial protection available and immediate written notice of such requirement is given to the Disclosing Beneficiary with a view to agreeing the timing and the content of such disclosure. The same shall apply in case a disclosure of Confidential Information to a patent office or equivalent supervisory required for the purposes of obtaining patent protection, provided, that the Beneficiary opting for patent or similar protection must give prior written notice to the Disclosing Beneficiary with a view to agreeing the timing and the content of such disclosure. (§10.5)