RE:RE:RE:RE:RE:RE:RE:RE:PwC sees continuation of US$ 5 to 15 Billion Bio M&A Dealsregarding intellectual property, the agreement states the following and i have not said anything contrary to that:
| 12. | OWNERSHIP OF INTELLECTUAL PROPERTY |
| | |
| 12.1 | Excluded IP. Except for those rights expressly granted under this Agreement, nothing herein shall be construed as creating, granting or conveying to one Party any license, rights, title or other interest in or to any intellectual property rights and Know How owned or controlled by the other Party or its Affiliates: (i) existing prior to the Effective Date; or (ii) independently discovered and developed during the term of this Agreement by such other Party or its Affiliates other than in performance of its obligations under this Agreement and without use of such other Party’s intellectual property rights, Research Materials, Know How or other Confidential Information. |
| | |
| 12.2 | Inventions. Ownership of all rights, title and interest in and to any Inventions shall be as follows: |
| | |
| 12.2.1 | Oncolytics or its Affiliates shall have exclusive ownership of all Oncolytics Inventions; |
| | |
| 12.2.2 | Licensee shall have exclusive ownership of all Licensee Inventions; and |
Inventorship of Inventions shall be determined for the purposes of this Clause 12.2 in accordance with the applicable patent Laws of the United States of America. [**].
| | |
| 12.4 | Licensee and Cooperation with Respect to Inventions. Each Party shall promptly inform the other of all Inventions arising during the term of this Agreement. Each Party shall have the right to file for patent protection on any Invention that it owns pursuant to Clause 12.2 and each of the Parties agrees to undertake such acts as may be reasonably necessary to perfect the Parties respective rights, title and interests in and to Inventions as provided for in Clause 12.2 (including, without limitation, any patent applications or patents filed during or after the term of this Agreement to protect such Inventions in or outside the Territory), which shall include ensuring that the filing Party has reasonable and timely access to any employees or consultants of the other Party who were involved in the research leading to such Inventions to, amongst other things, establish inventorship and determine the scope and patentability of the relevant inventions and causing the execution of any assignments or other documents necessary to perfect each Party’s interests in such Inventions. The Party filing patent applications for Joint Inventions shall do so in the name of and on behalf of both Licensee and Oncolytics or their respective designees. Each of Licensee and Oncolytics shall hold all information it presently knows or acquires under this Clause 12.4 that is related to all such patents and patent applications as confidential, subject to the provisions of this Agreement. |
| | |
| 12.5 | Patent Term Extension. Oncolytics shall have the right to obtain patent term extensions in or outside the Territory including supplementary protection certificates relating to Licensed Products that are solely invented by Oncolytics in the Territory and to select which patent or basic patents and in which jurisdiction are used for such extensions. Licensee agrees to cooperate with Oncolytics in the filing for such applications and to do all such acts, provide and sign all documents or copies thereof which may be reasonably necessary or desirable for the filing of any application for patent term extension relating to Licensed Products in the Territory. |
| | |
| 12.6 | Ownership of Clinical Data. [**] |