Master Alliance Provisions Guide (MAPGuide)

Lambert Agreement D

  • Open sciences & open data | Open sciences
  • Open sciences & open data | Publication

§5:

§5.1 The Project is undertaken by the Academic Parties in pursuance of a primary charitable purpose; that is the advancement of education through teaching and research. Therefore, notwithstanding any other provision of this Agreement, any employee or student of an Academic Party (whether or not involved in the Project) may, provided that Academic Party has not received a Confidentiality Notice under clause 5.2:

§5.1.1 discuss work undertaken as part of the Project in the Academic Party’s seminars, tutorials and lectures; and

§5.1.2 Publish any Background of any of the Parties or any of the Results.

§5.2 Each of the Academic Parties will submit to any other Party which owns the Intellectual Property Rights in any of the Results and to any Party which has contributed any Background to the Project, in writing, details of those Results, and of that Background which any employee or student of that Academic Party intends to Publish, at least [30][60] OR [90]days before the date of the proposed submission for Publication.  Any other Party may, by giving written notice to the Party which has submitted those details (a Confidentiality Notice):

§5.2.1 require that Party to delay the proposed Publication for a maximum of [insert period] month[s] after receipt of the Confidentiality Notice if, in its reasonable opinion, that delay is necessary in order to seek patent or other protection for any of the Intellectual Property Rights in any of the Results Publication of any of its Background or any of its Background which are to be Published; or

§5.2.2 prevent the Publication or any of its Background which is Confidential Information and which, in each case, cannot be protected by patent or other Intellectual Property Right registration or which can be protected in that way but which the owner of that Result or the contributor of that Background has chosen not to protect in that way.

The Confidentiality Notice must be given within [15] OR [30] days after receipt of details of the proposed Publication.  If a Confidentiality Notice is not received within that period, the proposed Publication may proceed, [except in relation to any other Party’s Background which is that Party’s Confidential Information and which may not be Published unless that Party has given its written consent to that Publication].

§5.3 Each of the Parties acknowledge that the Academic Parties are required by their funders to demonstrate their impact on society and agrees to provide to each Academic Party any information which that Academic Party reasonably requests in order to allow it to demonstrate that impact provided that, under or pursuant to this clause: the Academic Parties will not be entitled to receive or disclose any other Party’s Confidential Information or any information which identifies or allows any living individual to be identified and the information requested and disclosed under or pursuant to this clause will be general in nature.