Survey on Trends for Commercializing IP. Australia
|
|
- Jared Booker
- 5 years ago
- Views:
Transcription
1 Survey on Trends for Commercializing IP Australia Clayton Utz Levels No. 1 O'Connell St. Sydney, New South Wales 2000 Australia Tel: / Fax: PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 1 Joint IP Each of the statutory based intellectual property rights deal with the issue of co-ownership slightly differently. Copyright The joint authors of a copyright work hold their rights as tenants in common, in equal shares or as otherwise may be agreed between them. It is permissible for one joint author of a copyright work to bring an action for infringement of copyright in that work, in which case damages awarded will be apportioned accordingly. In absence of contrary agreement, co-owners of a copyright work cannot exercise their copyright, or authorize others to do so, without the consent of the other co-owner(s). Trade Marks Generally, in absence of contrary agreement, joint owners of a trade mark hold as joint tenants i.e. the shares are undivided. As a consequence, the likely position in Australia is that one joint owner of a trade mark may not sue for infringement of that trade mark without joining the other co-owner as a party. A registered trade mark can only be used jointly by all co-owners in respect of the goods of services with which all of the co-owners are connected in the course of trade. Logically, the same applies in respect of unregistered or common law marks. Registered designs 1
2 Each co-owner of a registered design is entitled (subject to any contrary agreement between them) to an equal, undivided share in the design monopoly (Designs Act, s25a(1)). Subject to contrary agreement, each co-owner is entitled to make use of the registered design for his or her own benefit without accounting to the other co-owners (Designs Act, s25a(2)); however, one co-owner cannot license the design without the consent of the other co-owners (Designs Act, s25a(3)). One co-owner of a registered design may not sue for infringement without joining the other co-owners(s) as a party. Patents Each co-owner of a patent, (subject to agreement between them), is entitled to an equal, undivided share in the patent (Patents Act 1990, s16). Each co-owner may exercise the patent without accounting to the co-owners, but may not grant a license of the patent without the consent of all other co-owners. A co-owner may not sue separately for infringement without joining the other co-owner(s). Circuit Layouts Under the Circuit Layouts Act an infringement action can be brought by the owners of an eligible layout. An eligible layout is one which was made by an eligible person and was first commercially exploited in Australia or an eligible foreign country. An eligible person means an Australian citizen or resident or a body incorporated in Australia. If one of the co-owners of an eligible layout is not an eligible person that person has no right to commence infringement action. Otherwise, each joint owner of an eligible layout may separately issue proceedings for infringement but, as in the case of copyright, any damages are likely to be apportioned according to the co-owners' respective interests. As in the case of registered designs, subject to contrary agreement to the contrary, each co-owner is entitled to exploit the circuit layout for its own benefit without accounting to the other co-owner(s). Plant Breeder's Rights (PBR) PBRs may be owned jointly. An action for infringement of a PBR in a plant variety may only be commenced by the grantee of the right. A 'grantee' is defined as the person entered on the Register of Plant Varieties as the holder of the right in that variety. If there is more than one grantee each may sue for infringement separately, but any monetary remedy is likely to be apportioned according to the respective interests of the co-owners. A co-owner of a PBR may exploit the right for its own benefit without accounting to the co-owner(s). 2 Know how (a) Yes, know how licenses are permitted. (b) Although there are no specific restrictions, licenses of this kind must comply with the provisions of the Trade Practices Act 1974 which proscribe certain types of anti competitive 2
3 contracts and conditions. Where a licensor requires to enter into a confidentiality arrangement the period of restraint will be critical. A restraint which purports to impose a perpetual obligation will be closely scrutinized. It is important that obligations to maintain confidence do not extend beyond the time when the confidential information sought to be protected lawfully enters the public domain. PAYMENT STRUCTURE 3 Royalty Payments The structure of royalty payments depends on the parties and the particular circumstances concerned. In many IP licenses royalties will be payable as a percentage of gross or net sales. There are no set rules as to percentage rates. Minimum royalty requirements are sometimes required, particularly, in the case of exclusive IP licenses but, again, this depends on the circumstances and the bargaining strength of the parties. 4 Remittance of License Fees There are no restrictions on the remittance of License Fees. However, withholding tax may be payable on payments made by Australian taxpayers to overseas recipients. Withholding tax must be collected by the Australian taxpayer at the rate of thirty per cent (unless reduced by double taxation agreements in which event the rate is ten per cent). Where Australian withholding tax is paid the overseas payee is entitled to a credit against any tax payable in the overseas country for part or the entire amount withheld. APPROVALS/REGISTRATION 5 Government Approvals/ Registration There is no Government approvals/registration required, however, stamp duty is payable in respect of all IP licenses although, in the majority of cases, the amount of such duty is nominal. It is preferable that exclusive licenses of a trade mark or patent are registered on the relevant Register. 6 Registration (a) There is no fixed time period. (b) The assignee will have no standing to sue for infringement. LICENCES 7 Registration of Licenses Trade Marks No registration is required. Patents It is customary and prudent to register an exclusive license. Section 196 of the Patents Act provides that a document is not admissible in legal proceedings, without leave of the court or tribunal, unless particulars of it have been entered in the Patents Register. In the case of a licensee only an exclusive license holder has a right to sue for infringement so there is no necessity to register a non-exclusive interest. Registered Designs An interest as licensee may be recorded on the Register of Designs, but registration is not compulsory. The received view is that a licensee of a registered design (even an exclusive licensee) has no standing to sue for infringement and there seems to be little to be gained from 3
4 registration of a license interest. Plant Breeder s Rights Only the registered holder of the right has standing to sue. Further, there is no provision in the Plant Breeder's Rights Act permitting the registration of a license interest. 8 Implied Terms Terms may be implied into a contract if it is necessary to do so in order to give business efficacy to the contract if not inconsistent with the express terms of the contract. In patent licenses (especially those involving the sale of a patented product) there is an implied license to repair the product, but not to make a new product. In the case of a license to use copyright material, in absence of contrary agreement, the licensee has an implied license to copy the copyright material for the licensed purpose. In the case of a non-exclusive license of an IPR, in absence of contrary agreement, the license is impliedly terminable on reasonable notice. However, where there is the grant of a license of an IPR together with an 'interest' in the IP, the general rule is that (in absence of contrary agreement) the license cannot be terminated other than for breach. Further, Australian law may in some circumstances imply into commercial contracts, including license agreements, a term requiring the parties to act in good faith in performing the contract and exercising rights under it. 9 Prohibited Terms Patent, design, copyright and electronic layout licenses currently have the benefit of limited exemption from most of the anti-competitive conduct provisions in the Trade Practices Act Trade mark licenses are also exempted provided the licensee is registered as a user of the mark. However, all IP license agreements remain subject to the provisions of the Trade Practices Act which proscribe abuses of market power and minimum resale price maintenance. With respect to patents, a condition in a patent licence is deemed to be void if the effect of the condition would be to prohibit a licensee from using a product or process supplied or owned by a third party or to require the licensee to acquire a product not protected by the licensed patent from the licensor or a nominee of the licensor. ENFORCEMENT 10 Dispute Resolution (a) (b) Resort first to a form of mediation or arbitration to resolve their issues. Many IP/technology licenses contain an alternative dispute resolution clause. 11 Courts (a) Yes, provided the selection of law is bona fide and not contrary to public policy. (b) Although each case will turn on its own facts where an IP license is formed and to be performed in Australia prima facie, the most appropriate governing law of the contract is Australian law, particularly where Australian law has the 4
5 closest and most real connection with the contract. 12 Non Compete A restraint of trade is unenforceable unless, having regard to all the circumstances at the time it was entered into, the restraint was reasonably necessary to protect the legitimate interests of the party seeking to rely upon it. This principle applies throughout Australia, although the State of New South Wales has specific legislation it which allows courts applying New South Wales law discretion to read down a restraint of trade clause to make it reasonable. The reasonableness of a restraint is measured by reference to three factors: the particular activities restrained; the area of the restraint; and the duration of the restraint. To be regarded as reasonable, the activity restrained should relate to the field of activity which was the subject of the licence. The area of restraint should be no wider than the area in which the licensee was permitted to operate. In general, the duration of the restraint should be no longer than the period of the special advantage which would otherwise be enjoyed by the entity being restrained. The most common way in which to draft a restraint provision in a licence is to use a 'waterfall' or cascading provision which provides alternative combinations of area and duration of restraint (from maximum to minimum). However, such clauses need to be very carefully drafted to ensure that they are clear and enforceable. 5
Germany. Stefan Abel and Pascal Böhner. Bardehle Pagenberg
Stefan Abel and Pascal Böhner Overview 1 Are there any restrictions on the establishment of a business entity by a foreign licensor or a joint venture involving a foreign licensor and are there any restrictions
More informationMaterial Transfer Agreement
PARTIES UNSW Recipient The University of New South Wales ABN 57 195 873 179, a body corporate established pursuant to the University of New South Wales Act 1989 (NSW of UNSW Sydney NSW 2052, Australia
More informationLICENCE AGREEMENT. enable the Licensee to optimise utilisation of the Licensed IP in support of its commercial, business and strategic aims.
LICENCE AGREEMENT PARTIES 1. UNISA VENTURES PTY LTD, ACN 154 270 167, of c/- University of South Australia, Building GP1-15, Mawson Lakes Campus, Mawson Lakes, South Australia, Australia, 5095. 2. [insert
More informationGLOBAL-ROAM SOFTWARE LICENCE AGREEMENT 1) LICENCE
GLOBAL-ROAM SOFTWARE LICENCE AGREEMENT This is a legal Agreement between GLOBAL-ROAM Pty Ltd (ACN 091 533 587) and the Licensee for the use of the Software. By ordering, downloading, installing, or using
More informationPDF Agreement: Product Development Forum Terms
PDF Agreement: Product Development Forum Terms PDF Agreement: Product Development Forum Terms Revision history Version Description Effective Date 1.0 First issued version Commencement Date Copyright This
More informationExclusions from patentability 15 Inventions contrary to public order or morality not patentable
New Zealand Patents Act 2013 Public Act 2013 No 68 Date of assent 13 September 2013 Reprint as at 14 September 2017 TABLE OF CONTENTS 1 Title 2 Commencement Part 1 Preliminary Purposes and overview 3 Purposes
More informationEnforceability of IP Agreements and Enforcement Strategies
Enforceability of IP Agreements and Enforcement Strategies MIP Asia-Pacific Forum 2011 Kherk Ying Chew, Kuala Lumpur Celeste Ang, Singapore Adolf Panggabean, Jakarta 29 September 2011 / Hong Kong Baker
More informationTerms and Conditions. 1. Element 7 Digital's obligations 1.1 Performance of Services
Terms and Conditions 1. Element 7 Digital's obligations 1.1 Performance of Services (a) Element 7 Digital will perform the Services in accordance with this Agreement, and in particular, the Specifications.
More informationClinical Trial Research Agreement
Clinical Trial Research Agreement Investigator-Initiated, Company Supported Studies The body of the Agreement is not to be amended. Revisions are to be detailed in Schedule 3 with appropriate cross-referencing
More informationPHILIPPINES RULES & REGULATIONS ON VOLUNTARY LICENSING October 02, 1998
PHILIPPINES RULES & REGULATIONS ON VOLUNTARY LICENSING October 02, 1998 TABLE OF CONTENTS PART 1 DEFINITIONS Rule 1 Definition of Terms Rule 2 Prohibited Clauses Rule 3 Mandatory Provisions PART 2 REGISTRATION
More informationAUSTRALIA Patents Act 1990 Compilation date: 24 February 2017 Includes amendments up to: Act No. 61, 2016 Registered: 27 February 2017
AUSTRALIA Patents Act 1990 Compilation date: 24 February 2017 Includes amendments up to: Act No. 61, 2016 Registered: 27 February 2017 TABLE OF CONTENTS Chapter 1. Introductory 1 Short title 2 Commencement
More informationTITLE: IrDA INTELLECTUAL PROPERTY POLICY
Board Policy No. 113 TITLE: IrDA INTELLECTUAL PROPERTY POLICY Intellectual Property Rights Approval Date: 10/21/99 Revision Date: 06/05/02 Existing Policies Affected: IrDA requires that IrDA standards
More informationPURCHASE OF GOODS AND/OR SERVICES TERMS AND CONDITIONS
PURCHASE OF GOODS AND/OR SERVICES TERMS AND CONDITIONS 1. These terms apply to orders that we place with you for Goods and/or Services. They supersede terms and conditions that you may provide to us. Purchase
More informationThe University is the owner of a competition format and associated materials entitled Visualise Your Thesis.
The University of Melbourne Visualise Your Thesis Licence Parties The University of Melbourne, a body politic and corporate established pursuant to the University of Melbourne Act 2009 (Vic) of Parkville,
More informationServices Agreement. Grains Research and Development Corporation (GRDC) [insert name of the Service Provider] (Service Provider) REF: [INSERT REF HERE]
Services Agreement 2017 REF: [INSERT REF HERE] [INSERT TITLE HERE] Grains Research and Development Corporation (GRDC) [insert name of the Service Provider] (Service Provider) Contents 1. INTERPRETATION
More informationMANAGED PRINT SERVICES
www.trikon.com.au MANAGED PRINT SERVICES TRIKON PTY LTD info@trikon.com.au Ph 1300 880 687 2A, 6 Boundary Road, Northmead, NSW 2152 V-6630663:1 TABLE OF CONTENTS 1. About this Agreement... 3 2. Agreement
More informationProtection of trade secrets through IPR and unfair competition law
Question Q215 National Group: Korea Title: Contributors: Representative within Working Committee: Protection of trade secrets through IPR and unfair competition law Sun R. Kim Sun R. Kim Date: April 10,
More informationIntellectual Property Laws Amendment Bill 2013 No., 2013
00-0-0-0 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Intellectual Property Laws Amendment Bill 0 No., 0 (Industry, Innovation, Climate Change,
More informationCompilation date: 24 February Includes amendments up to: Act No. 61, Registered: 27 February 2017
Patents Act 1990 No. 83, 1990 Compilation No. 41 Compilation date: 24 February 2017 Includes amendments up to: Act No. 61, 2016 Registered: 27 February 2017 This compilation includes commenced amendments
More information"Designated Equipment" means the equipment specified in the Licence Details;
Dimension Data grants the Licensee a right to use Dimension Data s Intellectual Property, subject to these terms and conditions. Use of the Intellectual Property constitutes acceptance of the Agreement.
More information[Contractor] and. [academic and research institutions] ESA Intellectual Property Licence for scientific research purposes
SCIENTIFIC RESEARCH PURPOSES ESA STANDARD LICENCE 3 [Contractor] and [academic and research institutions] ESA Intellectual Property Licence for scientific research purposes ESA Fully Funded Contract No.
More informationTRUE AUSSIE TRADE MARK LICENCE APPLICATION AUSTRALIAN USERS
TRUE AUSSIE TRADE MARK LICENCE APPLICATION AUSTRALIAN USERS THIS SECTION IS FOR MLA USE ONLY Date of Commencement Licensed trade mark Term Type of licence 12 months unless terminated earlier in accordance
More informationST CHRISTOPHER AND NEVIS CHAPTER PROTECTION OF LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS ACT
Laws of Saint Christopher and Nevis Protection of Layout-Designs (Topographies) of Integrated Circuits Act Cap 18.40 1 ST CHRISTOPHER AND NEVIS CHAPTER 18.40 PROTECTION OF LAYOUT-DESIGNS (TOPOGRAPHIES)
More informationIP MANAGEMENT IN NIGERIA: TRADEMARKS & DESIGNS
IP MANAGEMENT IN NIGERIA: TRADEMARKS & DESIGNS The aim of this article is to inform practitioners and IP owners the possibilities available to them for the protection of trademarks and registered designs
More informationSITUATION UNDER CONTROL" by Veikko Myller. AIPPI Forum Helsinki 2013 IP Licensing & Insolvency Bernt Juthström
SITUATION UNDER CONTROL" by Veikko Myller AIPPI Forum Helsinki 2013 IP Licensing & Insolvency - Why a (patent) license? Manufacture of a product in accordance with a certain standard may require a license
More informationSTANDARD FREELANCE COMMISSIONING TERMS
Level 10, 179 Elizabeth Street Sydney NSW 2000 Australia Telephone 61 2 9266 3400 Facsimile 61 2 9266 3455 email@bhf.com.au www.bhf.com.au Liability limited by a scheme approved under Professional Standards
More informationPlease number your answers with the same numbers used for the corresponding questions.
Question Q241 National Group: Title: Contributors: Reporter within Working Committee: The Latvian National Group IP licensing and insolvency Vadim MANTROV Vadim MANTROV Date: 19 May 2014 Questions I. Current
More informationFact Sheet Alternative Dispute Resolution (ADR) mechanisms
www.iprhelpdesk.eu European IPR Helpdesk Fact Sheet Alternative Dispute Resolution (ADR) mechanisms This fact sheet has been developed in cooperation with Update - November 2014 1 Introduction... 1 1 IP
More informationSOFTWARE LICENCE AGREEMENT
SOFTWARE LICENCE AGREEMENT DATED THE DAY OF 20 BETWEEN Company Pty Ltd ACN 111 222 333 AND Other Company Pty Ltd ACN 333 222 111 SOFTWARE LICENCE AGREEMENT THIS AGREEMENT dated the day of 20. BETWEEN:
More informationCollaborative Research Agreement. (Draft)
Collaborative Research Agreement (Draft) The University of Tokyo (the University ) and [Company Name] (the Partner ; the University and the Partner being collectively referred to as the Parties and each
More informationTHE CHARTERED INSTITUTE OF MANAGEMENT ACCOUNTANTS. and. xxxxxxxxx RESEARCH AGREEMENT
THE CHARTERED INSTITUTE OF MANAGEMENT ACCOUNTANTS and xxxxxxxxx RESEARCH AGREEMENT 1 THIS AGREEMENT is made on the date of the last signature on page 12 BETWEEN: (1) (1) THE CHARTERED INSTITUTE OF MANAGEMENT
More informationYAWL DEED OF ASSIGNMENT
YAWL DEED OF ASSIGNMENT This Deed of Assignment is made between the Queensland University of Technology ABN 83 791 724 622, a body corporate established by the Queensland University of Technology Act 1998
More informationIntellectual Property Laws Amendment Act 2015
Intellectual Property Laws Amendment Act 2015 No. 8, 2015 An Act to amend legislation relating to intellectual property, and for related purposes Note: An electronic version of this Act is available in
More informationEnd User Licence Agreement
End User Licence Agreement IFRS is a registered trademark of the IFRS Foundation and is used by IFRS SYSTEM Pty Limited under licence from the IFRS Foundation. Neither the IASB nor the IFRS Foundation
More informationSNOMED CT Grant of License of the Swedish National Release
SNOMED CT Grant of License of the Swedish National Release [1 July 2015] TABLE OF CONTENTS SNOMED CT SWEDISH NATIONAL RELEASE AFFILIATE LICENCE AGREEMENT... 3 1. BACKGROUND INFORMATION... 3 2. DEFINITIONS...
More informationOur Alliance... Our Partnership.
Page 1 1/09/09, 2:58 PM Our Alliance... Our Partnership. Store Name: Owner s Name: Store Address: Store Phone: Date Completed: Metcash Copy / Store Copy (please circle as appropriate) The IGA Alliance
More informationRPL Directory Terms of Inclusion for Recognised Qualification Providers. Version 0.1
RPL Directory Terms of Inclusion for Recognised Qualification Providers Version 0.1 Contents Background... 3 It is agreed as followed:... 3 1. Definitions and Interpretation... 3 2. Scope & Duration of
More informationAnnexure W Retail Leasing Strategy
Annexure W Retail Leasing Strategy Barangaroo Stage 1 Project Development Agreement Page 1197 Barangaroo Stage 1 Project Development Agreement Page 1198 Barangaroo Stage 1 Project Development Agreement
More information(In text and on CD-ROM) 1 Some Premises and Commentary... 1 Form 1.01 Construction... 13
Contents of Forms (In text and on CD-ROM) 1 Some Premises and Commentary... 1 Form 1.01 Construction... 13 2 Legal Principles... 15 Form 2.01 Definition of Licensed Information... 18 Form 2.02 Assignment
More informationTRADE MARK LICENCE. (d) (e)
TRADE MARK LICENCE Parties A No Lights No Lycra Pty Ltd ( NLNL ) B The party who has agreed to become a Licensee under the terms and conditions of this Agreement ("Licensee") Background A NLNL is the exclusive
More informationTHE PROTECTION AND UTILISATION OF PUBLIC FUNDED INTELLECTUAL PROPERTY BILL, 2008
TO BE INTRODUCED IN THE RAJYA SABHA. Bill No. LXVI of 2008. THE PROTECTION AND UTILISATION OF PUBLIC FUNDED INTELLECTUAL PROPERTY BILL, 2008 A BILL to provide for the protection and utilisation of intellectual
More information3T Software Labs EULA
3T Software Labs EULA Any use of the Software (as defined below) is subject to the terms of this licence agreement ( Agreement ). Please read the full Agreement carefully. You confirm that you accept and
More informationEVITA SCHOOL, COLLEGE, UNIVERSITY UK & EIRE
EVITA SCHOOL, COLLEGE, UNIVERSITY UK & EIRE TERMS & CONDITIONS Agreement between The Musical Company Ltd., 17 Slingsby Place,, ( the Licensor ) and The Licensee 1. DEFINITIONS 1. the Play shall mean an
More informationAdam BOGER, Marc RICHARDS, Elise SELINGER, Jay WESTERMEIER
Question Q241 National Group: Title: Contributors: Reporter within Working Committee: United States of America IP licensing and insolvency Adam BOGER, Marc RICHARDS, Elise SELINGER, Jay WESTERMEIER Marc
More informationEconomic Damages in IP Litigation
Economic Damages in IP Litigation September 22, 2016 HCBA, Intellectual Property Section Steven S. Oscher, CPA /ABV/CFF, CFE Oscher Consulting, P.A. Lost Profits Reasonable Royalty * Patent Utility X X
More informationRegional Group Central America and the Caribbean
Question Q241 National Group: Title: Contributors: Reporter within Working Committee: Regional Group Central America and the Caribbean IP licensing and insolvency Leticia CAMINERO Dominican Republic (Green)
More informationThe Rental Exchange. Contribution Agreement for Rental Exchange Database. A world of insight
The Rental Exchange Contribution Agreement for Rental Exchange Database A world of insight Contribution Agreement for Rental Exchange Database. Contribution Agreement for Rental Exchange Database. This
More informationGENERAL TERMS AND CONDITIONS 1. Term: This Contract will apply from the Commencement Date and will continue until further notice unless this Contract
GENERAL TERMS AND CONDITIONS 1. Term: This Contract will apply from the Commencement Date and will continue until further notice unless this Contract is terminated in accordance with its terms. 2. Supply:
More informationbetween the Ballarat Health Services ABN and
NON- EXCLUSIVE LICENSE AGREEMENT between the Ballarat Health Services ABN 39 089 854 391 and [Health Service/Jurisdictional Health Department- ABN] FOR THE NON-COMMERCIAL USE OF THE Dementia Care in Hospitals
More information1) Relating to Article 2(1)(m) of the November 2017 Draft Convention:
National/Regional Group: Ecuador Contributors name(s): Aguirre Johana, Argudo Esteban, Bandre Christian, Burgos Carolina, Gallegos Francisco, Hidalgo Damián, Moreno Saya, Ortega Andres, Puente Geovanna,
More informationLegal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 53, No. 152, 4th December, No. 22 of 2014
Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 53, No. 152, 4th December, 2014 2002 No. 22 of 2014 Fifth Session Tenth Parliament Republic of Trinidad and Tobago HOUSE OF REPRESENTATIVES
More informationCOLLABORATIVE RESEARCH AGREEMENT AND ALLOCATION OF RIGHTS IN INTELLECTUAL PROPERTY UNDER AN STTR RESEARCH PROJECT between. and
COLLABORATIVE RESEARCH AGREEMENT AND ALLOCATION OF RIGHTS IN INTELLECTUAL PROPERTY UNDER AN STTR RESEARCH PROJECT between and MISSISSIPPI STATE UNIVERSITY This Agreement between (hereinafter Company ),
More informationPPCA INPUT AGREEMENT
Item 1 (clauses 14.3, 14.4) Party Details Name PPCA INPUT AGREEMENT You LICENCE DETAILS PPCA Phonographic Performance Company of Australia Ltd ABN: 43 000 680 704 Address Level 4 11 17 Buckingham Street
More informationNOTICE: THIS IS A LEGALLY BINDING CONTRACT
NOTICE: THIS IS A LEGALLY BINDING CONTRACT Between Wellcome Trust Sanger Institute and the Recipient institution It is essential that the person signing this contract on behalf of the Recipient institution
More informationCONTRIBUTION AGREEMENT VERSION 1.2
CONTRIBUTION AGREEMENT VERSION 1.2 THIS CONTRIBUTION AGREEMENT (hereinafter referred to as Agreement ) is executed by with a registered address at ( Licensor ) in favor of The Qt Company Oy, an entity
More informationSample Licensing Agreement
Agreement Between Laura C. George and The Awesomest Company, Inc. This art licensing agreement (the Agreement ) is entered into as of May 10th, 2016 (the Effective Date ) between Laura C. George ( Artist
More informationGeneral Terms for Use Of The BBC Logo By Licensee Of Independent Producers
General Terms for Use Of The BBC Logo By Licensee Of Independent Producers 1 Definitions In this Licence, unless the context otherwise requires, the following terms shall have the meanings given to them
More informationDesigns. A Global Guide. Malaysia. Henry Goh & Co Sdn Bhd Dave A Wyatt
Designs 2018 A Global Guide Malaysia Henry Goh & Co Sdn Bhd Dave A Wyatt Malaysia Henry Goh & Co Sdn Bhd Author Dave A Wyatt Legal framework The protection of industrial designs in Malaysia is governed
More informationASX BENCHMARK DATA SUBSCRIBER TERMS AND CONDITIONS
ASX BENCHMARK DATA SUBSCRIBER TERMS AND CONDITIONS These terms and conditions govern any end user subscription access or use of ASX Benchmark Data. 1. Subscription Service We will use reasonable endeavours
More informationThailand. Alan Adcock, Clemence Gautier, and Areeya Pornwiriyangkura Tilleke & Gibbins International Ltd Bangkok, Thailand
Alan Adcock, Clemence Gautier, and Areeya Pornwiriyangkura Tilleke & Gibbins International Ltd Bangkok, Thailand Nature of Licence Agreements Definition A licence agreement is simply a contract that governs
More informationGood2Give ABN of Level 5, 100 Walker Street, North Sydney NSW 2060, Australia and the Charity.
Good2Give Charity Agreement PARTIES: Good2Give ABN 32 089 603 314 of Level 5, 100 Walker Street, North Sydney NSW 2060, Australia and the Charity. By accepting this Agreement, Good2Give and the Charity
More informationMICROSTRATEGY CLICKWRAP SOFTWARE LICENSE IMPORTANT - READ CAREFULLY
MICROSTRATEGY CLICKWRAP SOFTWARE LICENSE 2007.01.31 IMPORTANT - READ CAREFULLY BY ELECTRONICALLY ACCEPTING THE TERMS OF THIS LICENSE AGREEMENT YOU ("LICENSEE") AGREE TO ENTER INTO A SOFTWARE LICENSING
More informationDeed. Lookout Road Hard Rock Quarry. Planning Agreement
Deed Lookout Road Hard Rock Quarry Planning Agreement Under s93f of the Environmental Planning and Assessment Act 1979 Date: lindsaytaylorlawyers Level 9, Suite 3, 420 George Street, Sydney NSW 2000, Australia
More informationOasys Software Licence and Support Agreement
Last updated 21 st December 2015 Oasys Software Licence and Support Agreement This Software Licence and Support Agreement ( Agreement ) is a legal agreement between you, either an individual or an entity,
More informationInternational Arbitration of Patent Disputes. M. Scott Donahey Arbitrator and Mediator Palo Alto
International Arbitration of Patent Disputes M. Scott Donahey Arbitrator and Mediator Palo Alto adr@scottdonahey.com; www.scottdonahey.com Reasons to Arbitrate Patent Disputes Cost of Litigation Litigation
More informationNON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT
NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT This Non-Transferable and Non-Exclusive License Agreement (the Agreement ) is effective between Trident Automation, Inc. (the "Licensor") and Customer
More informationScheme Implementation Deed
` Scheme Implementation Deed Boart Longyear Limited ACN 123 052 728 Boart Longyear Incorporated Number: BC1175337 In relation to the re-domiciliation of Boart Longyear Limited 249351531.11 CONTENTS CLAUSE
More informationSample Data Licence Agreement between Airservices Australia and the Customer
between Airservices Australia and the Customer 1 Background and Term 1.1 Background (a) Airservices Australia is a body corporate established by the Air Services Act 1995 (Cth) that provides safe and environmentally
More informationETHIOPIA Trademarks Law Trademark Registration and Protection Proclamation No. 501/2006 ENTRY INTO FORCE: July 7, 2006
ETHIOPIA Trademarks Law Trademark Registration and Protection Proclamation No. 501/2006 ENTRY INTO FORCE: July 7, 2006 TABLE OF CONTENTS PART ONE GENERAL PROVISIONS 1. Short Title 2. Definitions 3. Scope
More informationTERMS AND CONDITIONS. V6 (15 December 2017) 2017 Intercontinental Exchange, Inc. 1 of 6
TERMS AND CONDITIONS 1. AGREEMENT AND DEFINED TERMS (a) The terms of this agreement (this Agreement ) consist of: (1) these Terms and Conditions; (2) an order form making reference to these Terms and Conditions
More informationNATIONAL GRID GAS PLC NTS CHARGING MODEL SOFTWARE LICENCE AGREEMENT
NATIONAL GRID GAS PLC NTS CHARGING MODEL SOFTWARE LICENCE AGREEMENT CONTENTS Clause Heading Page 1 Definitions... 1 2 Nature of Licence... 1 3 Duration of the Licence and Updates... 2 4 Restrictions on
More informationEVITA - YOUTH GROUP, PERFORMING ARTS SCHOOL & WEEKEND DRAMA SCHOOL UK & EIRE
EVITA - YOUTH GROUP, PERFORMING ARTS SCHOOL & WEEKEND DRAMA SCHOOL UK & EIRE TERMS & CONDITIONS Agreement between The Musical Company Ltd., 17 Slingsby Place,,, UNITED KINGDOM ( the Licensor ) and The
More informationPROFESSIONAL SERVICES AGREEMENT
DATED 2006 (1) PROFIT THROUGH CHANGE LIMITED (2) - and - PROFESSIONAL SERVICES AGREEMENT CONTENTS 1. DEFINITIONS AND INTERPRETATION...1 2. COMMENCEMENT AND DURATION...2 3. PROVISION OF SERVICES...2 4.
More informationConsultancy agreement for coaching services
Consultancy agreement for coaching services WARNING: THIS DOCUMENT IS ONLY INTENDED TO BE A TEMPLATE FOR AN AGREEMENT BETWEEN CLUB AND COACH. IT IS ADVISABLE FOR BOTH PARTIES TO TAKE INDEPENDENT LEGAL
More informationConditions of Contract for Purchase of Goods and Services
Conditions of Contract for Purchase of Goods and Services DOCUMENT GOVERNANCE Policy Owner Head of Procurement Effective date 1 March 2017 This policy will be reviewed every six months. CONTENTS 1. DEFINITIONS
More informationVISITING SCIENTIST AGREEMENT
VISITING SCIENTIST AGREEMENT THIS AGREEMENT effective on the date of final execution (the "Effective Date") by and between YALE UNIVERSITY, a corporation organized and existing under and by virtue of a
More informationCAMBIA DRAFT PMET BiOS 2.0 agreement
Background: CAMBIA DRAFT PMET BiOS 2.0 agreement A. Access to enabling technologies, tools and platforms for basic innovation is important. It is undesirable that the delivery of products, whether for
More informationSOFTWARE LICENCE. In this agreement the following expressions shall have the following meanings:
SOFTWARE LICENCE This Licence Agreement ( Agreement ) is an agreement between you ( the Licensee ) and Notably Good Ltd ( the Licensor ). Please read these terms and conditions carefully before downloading
More informationIn this Agreement the following terms shall have the following meanings
WHEREAS: 1) The Record Company owns or exclusively controls certain rights to Masters (as hereinafter defined); and 2) The Administrator is engaged in the business of managing such rights and has inter
More informationPLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
TERMS AND CONDITIONS Last updated: 10 November 2016. These Terms and Conditions form a legally binding agreement between an Affiliate applicant (or an approved Affiliate) ("Affiliate") and Ladbrokes Digital
More informationStandard Form Contractor Licence
Standard Form Contractor Licence This Contractor Licence is made between: (the Licensee) (1) of [Insert Company Name] [Insert Address] and (the Contractor) (2) of [Insert Company Name] [Insert Address]
More informationQuestionnaire 2. HCCH Judgments Project
Questionnaire 2 HCCH Judgments Project Introduction 1) An important current project of the Hague Conference on Private International Law (HCCH) is the development of a convention on the recognition and
More informationITC MODEL CONTRACT FOR AN INTERNATIONAL COMMERCIAL AGENCY
ITC MODEL CONTRACT FOR AN INTERNATIONAL COMMERCIAL AGENCY EXTRACT FROM "MODEL CONTRACTS FOR SMALL FIRMS" GENEVA 2010 Contents Foreword Acknowledgements Introduction iii v ix Chapter 1 International Contractual
More informationTerms of Business
Terms of Business Terms of Business PLEASE NOTE: These terms of business govern the relationship between You as a Buyer or Supplier respectively and Us as a provider of Services to You in your capacity
More informationProtection of Layout-Designs of Integrated Circuits Act, B.E (2000) Translation
Protection of Layout-Designs of Integrated Circuits Act, B.E. 2543 (2000) Translation BHUMIBOL ADULYADEJ, REX; Given on the 4 th Day of May B.E. 2543; Being the 55 th Year of the Present Reign His Majesty
More informationDraft 2 Hanoi, 2006 DECREE
THE GOVERNMENT No. /2006/ND - CP THE SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness ------------------------------ Draft 2 Hanoi, 2006 DECREE Making detailed provisions and providing guidelines
More informationWOMEN WRITERS PROJECT LICENSE FORM FOR EDUCATIONAL INSTITUTIONS
WOMEN WRITERS PROJECT LICENSE FORM FOR EDUCATIONAL INSTITUTIONS Licensee Name: Agreement Date: Licensee Notice Address: Licensee Primary Contact (if different): Licensee Technical Contact (responsible
More informationMediation/Arbitration of
Mediation/Arbitration of Intellectual Property Disputes FICPI 12th Open Forum Munich September 8-11, 2010 Erik Wilbers WIPO Arbitration and Mediation Center WIPO Arbitration and Mediation Center 2 International
More informationINTELLECTUAL PROPERTY POLICY
Updated July 2007 (Version compliant with National Code of Practice) INTELLECTUAL PROPERTY POLICY AND PROCEDURES July 2007 CONTENTS 1. Introduction 2. Definition 3. Aims of the Policy 4. Intellectual Property
More informationNIGERIA Patents and Designs Act Chapter 344, December 1, 1971 Laws of the Federation of Nigeria 1990
NIGERIA Patents and Designs Act Chapter 344, December 1, 1971 Laws of the Federation of Nigeria 1990 TABLE OF CONTENTS Patents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Designs 12. 13. 14. 15. 16. 17. 18. 19.
More informationMerger Implementation Deed
Execution Version Merger Implementation Deed Vicwest Community Telco Ltd ACN 140 604 039 Bendigo Telco Ltd ACN 089 782 203 Table of Contents 1. DEFINITIONS AND INTERPRETATION... 3 1.1 Definitions... 3
More information... Revision,
Revision Table of Contents Table of Contents K Table of Contents Abbreviations... XXIII Introduction... XXVII Part 1: Protection of Intellectual Property Rights Chapter 1: Patents and Utility Models...
More informationVESA Policy # 200C. TITLE: Intellectual Property Rights (IPR) Policy. Approved: 13 th February 2014 Effective: 14 th April 2014
VESA Policy # 200C TITLE: Intellectual Property Rights (IPR) Policy Approved: 13 th February 2014 Effective: 14 th April 2014 General Information This policy covers the issues of Patent, Patent applications,
More informationDACS Website Licence Terms and Conditions November 2014
DACS Website Licence Terms and Conditions November 2014 1. Definitions and Interpretation 1.1 In this Agreement capitalised terms shall have the meanings ascribed to them in the DACS Website Licence Term
More informationL06/2014. Page 4 of 8
Selfco Leasing Lease Terms and Conditions These terms are used by Specialist Equipment Leasing Finance Company Pty Ltd ABN 58 099 591 616 ( we or us ) for Lease Agreements. 1. MEANING OF WORDS AND GENERAL
More informationAccellera Systems Initiative Intellectual Property Rights Policy
Accellera Systems Initiative Intellectual Property Rights Policy 1. Definitions The following terms, when capitalized, have the following meanings: "Accepted Letter of Assurance" shall mean a Letter of
More informationName: Title: Date: Authorised signatory: Name: Lisa Grinham. Position: Chief Executive Officer. Date: 04 April 2016
Good2Give R Charity Agreement PARTIES: of Level 5, 100 Walker Street, North Sydney NSW 2060, Australia. and Charity Name ABN Address (Charity) Commencement Date By signing this Agreement, Good2Give and
More informationGENERAL PANEL SERVICES AGREEMENT
GENERAL PANEL SERVICES AGREEMENT Dated 2012 Parties Legal Aid Commission (A.C.T.) [Insert practitioner s full name] Legal Aid Commission (A.C.T.) 2 Allsop Street Canberra ACT 2601 Ph: (02) 6243 3411 Fax:
More informationFlight Centre PaymentGate System Agreement Application
Flight Centre PaymentGate System Agreement Application By completing the details below and submitting them to Flight Centre Limited (ABN 25 003 377 188) (FCL) the Supplier named below enters into an agreement
More informationPlant Breeders Rights Act No. 15 of 1976*
Plant Breeders Rights Act No. 15 of 1976* [ASSENTED TO MARCH, 1976] [DATE OF COMMENCEMENT: 1 NOVEMBER, 1977] (English text signed by the State President) as amended by Plant Breeders Rights Amendment Act,
More information