“Background” means in respect of each party, the Intellectual Property Rights owned and/or Controlled by that party at the Commencement Date and all Intellectual Property Rights which that party may subsequently develop, acquire, own and/or have licensed to it which arise outside and independently of the Programme and which they are free to utilise in accordance with this Agreement.
“Trial Data” means case record forms and related material (including copies of correspondence, hospital and clinic notes and discharge summaries, relevant information from telephone conversations and site visits) on individual participants received from the Centres and laboratory results obtained from the laboratories participating in the Phase III Clinical Trial. All such data will be anonymous.
(E) Confidentiality, publication of data and intellectual property rights:
Intellectual Property Rights
40. For the avoidance of doubt, all Background used in connection with the Programme shall remain the property of the party introducing the same, except as set forth in this Agreement.
41. All Intellectual Property Rights arising in respect of the Trial Data shall be owned by the MRC subject to the provisions of Paragraph 35.