(a) already were in the public domain before they were made available to the Recipient or that entered the public domain afterwards other than through breach of – this Agreement by the Recipient; (b) were known to the Recipient prior to the provision of the Material; (c) were received by the Recipient from a Third Party which itself obtained the relevant piece(s) of information in a lawful manner without any breach of this Agreement; (d) were independently developed by the Recipient’s staff without access to the information or the Material. The Recipient shall be responsible for providing the corresponding proof. 7.2. Publications within the meaning of Item 6. do not constitute a violation of this obligation to maintain confidentiality. 7.3. Information related to the Material shall be disclosed only to such internal (employee) or external (consultant) persons who have a need to know for the Purpose and who are bound by similar obligations of confidentiality and restrictions on use as contained in this Agreement to have access to the Material. 7.4. The Parties acknowledge the fundamental task on the part of a research institute and its to regularly publish information on the nature, object and results of its research activities. Notwithstanding the confidentiality provisions above, the Parties shall have the right to independently publish on the Results in the form of academic publications subject to the following provisions. The relevant Party shall notify the other in writing of the planned publication. If the other Party fails to comment, within a period of ____(e.g. 2 (two)) weeks from receipt of the notification on the planned publication in writing [e-mail shall be deemed sufficient], consent to the relevant publication shall be
(a) already were in the public domain before they were made available to the Recipient or that entered the public domain afterwards – other than through breach of this Agreement by the Recipient; (b) were known to the Recipient prior to the provision of the Material; (c) were received by the Recipient from a Third Party which itself obtained the relevant piece(s) of information in a lawful manner without any breach of this Agreement; (d) were independently developed by the Recipient’s staff without access to the information or the Material. The Recipient shall be responsible for providing the corresponding proof. 7.2. Publications within the meaning of Item 6. do not constitute a violation of this obligation to maintain confidentiality. 7.3. Information related to the Material shall be disclosed only to such internal (employee) or external (consultant) persons who have a need to know for the Purpose and who are bound by similar obligations of confidentiality and restrictions on use as contained in this Agreement to have access to the Material. 7.4. The Parties acknowledge the fundamental task on the part of a research institute and its to regularly publish information on the nature, object and results of its research activities. Notwithstanding the confidentiality provisions above, the Parties shall have the right to independently publish on the Results in the form of academic publications subject to the following provisions. The relevant Party shall notify the other in writing of the planned publication. If the other Party fails to comment, within a period of ____(e.g. 2 (two)) weeks from receipt of the notification on the planned publication in writing [e-mail shall be deemed sufficient], consent to the relevant publication shall be
AnimalsBiomaterialsTransferAgreement_EN.docx