Provision Language
8. INVENTIONS, PATENT MAINTENANCE, INFRINGEMENT
8.3 Development Activity License Results
(a) With respect to any inventions, know–how or results (whether or not patentable) developed or generated by or for GARDP and/or a Sublicensee in the performance of any Development activities conducted pursuant to this License Agreement or any Sublicense Agreement other than Development activities relating to Manufacturing (the results of which are governed by Section 8.2) (Development Results):
[…]
(iii) Each Party or as applicable the Sublicensee shall have the right to publish for scientific purposes Development Results developed or generated by or for such party (subject if applicable to the rights of one or more other parties that may also have participated in the development or generation thereof), subject to, with respect to any such Development Results that relate to the Licensed Product or any Shionogi proprietary or confidential information: (A) Shionogi’s prior review of any such proposed publication, (B) Shionogi’s right to remove Shionogi Confidential Information (but not the Development Results themselves) from any such proposed publication, and (C) any reasonable delay in publication requested by Shionogi for Shionogi to file any related patent applications. Shionogi shall have the right to oppose any such proposed publication for failure to comply with the foregoing requirements, or any objection based on reasonable concerns relating to the accuracy and/or quality of the data referenced therein, and the publication may not proceed until Shionogi’s opposition based on the above has been resolved as set forth herein. Any disagreement regarding proposed publications contemplated by this Section 8.3(a)(iii) shall be escalated for resolution to the Joint Steering Committee (JSC) formed pursuant to the Collaboration Agreement; a representative of the Sublicensee will be invited to the JSC meeting if the disagreement concerns a publication containing Development Results generated by the Sublicensee.
Schedule F: Provisions for Sublicense Agreement
6. Intellectual Property
Development Activity Sublicense Results
(iii) Each Party shall have the right to publish for scientific purposes Development Results developed or generated by or for such Party (subject if applicable to the rights of one or more other parties that may also have participated in the development or generation thereof), subject to, with respect to any such Development Results that relate to the Licensed Product or any proprietary or confidential information of Licensor, (i) Licensor’s and Sublicensor’s prior review of any such proposed publication, (ii) Licensor’s right to remove its confidential information (but not of the Development Results themselves) from any such proposed publication, and (iii) Licensor’s right to request a reasonable delay in publication for Licensor to file any related patent applications. Licensor shall have the right to oppose any such proposed publication for failure to comply with the foregoing requirements, or for any objection based on reasonable concerns relating to the accuracy and/or quality of the data referenced therein, and the publication may not proceed until Licensor’s opposition based on the above has been resolved as set forth herein. Any disagreement regarding proposed publications contemplated by this Section shall be escalated for resolution to representatives of the Licensor, the Sublicensor and the Sublicensee.