10(d). The parties intend that the sharing of Commercialisation benefits should reflect each party’s contribution to the relevant Project IP, having regard to Contributions (including know-how and inventorship). (c) The Owning Party shall be responsible for the payment of any costs relating to Commercialisation and shall have the right to recoup as a first charge all such costs from any income whatsoever derived from the Commercialisation of the Project IP prior to any payment under this clause 6.2. Option B Insert: Effect on other clauses: Where (a) [Party A/Party B/Party C/Party Only use if you Option B, Ownership is D] (First Party) shall be the lead C or D in clause 6.1. divided based institution for the purposes of Must choose Option B in on agreement, Commercialising the Project IP, clause 6.3. contribution or and is granted the sole and Must have the right of refusal inventorship. exclusive right to Commercialise in clause 9.4. any Project IP worldwide. The First Party may give written notice that it does not wish to exercise any or all of its rights in relation to Commercialising Project IP, in which case, [Party A/Party B/Party C/Party D] (Second Party) shall have an exclusive right to Commercialise that Project IP which the First Party has elected not to Commercialise or exercise those rights which the First Party has elected to forgo. [The Second Party may give written notice that it does not wish to exercise any or all of its rights in relation to Commercialising Project IP, in which case, [Party A/Party B/Party C/Party D] (Third Party) shall have an exclusive right to Commercialise that Project IP which the Second Party has elected not to Commercialise or exercise those rights which the Second Party
10(d). The parties intend that the sharing of Commercialisation benefits should reflect each party’s contribution to the relevant Project IP, having regard to Contributions (including know-how and inventorship). (c) The Owning Party shall be responsible for the payment of any costs relating to Commercialisation and shall have the right to recoup as a first charge all such costs from any income whatsoever derived from the Commercialisation of the Project IP prior to any payment under this clause 6.2. Option B Where Ownership is divided based on agreement, contribution or inventorship. Insert: (a) [Party A/Party B/Party C/Party D] (First Party) shall be the lead institution for the purposes of Commercialising the Project IP, and is granted the sole and exclusive right to Commercialise any Project IP worldwide. The First Party may give written notice that it does not wish to exercise any or all of its rights in relation to Commercialising Project IP, in which case, [Party A/Party B/Party C/Party D] (Second Party) shall have an exclusive right to Commercialise that Project IP which the First Party has elected not to Commercialise or exercise those rights which the First Party has elected to forgo. [The Second Party may give written notice that it does not wish to exercise any or all of its rights in relation to Commercialising Project IP, in which case, [Party A/Party B/Party C/Party D] (Third Party) shall have an exclusive right to Commercialise that Project IP which the Second Party has elected not to Commercialise or exercise those rights which the Second Party Effect on other clauses: Only use if you Option B, C or D in clause 6.1. Must choose Option B in clause 6.3. Must have the right of refusal in clause 9.4.
Standard-CRA-AAMRI_2016.docx