Labex Intellectual Property Issues

All Labex collaborative research is subject to the US and Brazil Science & Technology Agreement. All matters related to intellectual property arising from cooperative activities of the Embrapa/ARS agreement will be addressed, at the appropriate time, on a case-by case basis within the specific context which they arise. Below, information about Labex Trust Fund Agreement Clauses concerning Intellectual Property.

CLAUSE SIX - RIGHTS OF THE PARTIES WITH RESPECT TO INTELLECTUAL PROPERTY

6.1. Rights to Intellectual Property and/or copy righted material shall be handled in accordance with the Science and Technology Agreement between the United States of America and the Federative Republic of Brazil, as amended May 15,1994.


CLAUSE SEVEN - PUBLICATIONS

7.1. Subject to the requirements of confidentiality and preservation of invention rights, either party may publish research results under this agreement, provided:

7.1.1. the other party is allowed to review the manuscript at least sixty (60) days prior to submission for publication;

7.1.2. such publications shall acknowledge the contributions of each party;

7.1.3 the final decision as to the publication content rests with the party that writes the publication;

7.2. publication and/or other disclosure of research results under this Agreement shall be delayed for a period of up to two years as necessary to preserve both United States of America and foreign patent rights in an invention made within the scope of this Agreement;

7.2.1. such a delay in publication will only be granted if requested in writing; and

7.2.2. the requesting party demonstrates promptness and diligence in seeking mutually agreed patent protection on any invention arising within the scope of this Agreement.


CLAUSE EIGHT - COMMERCIAL/CONFIDENTIAL INFORMATION

8.1. Commercial/confidential information will be treated as per Section III of the U.S. - Brazil Cooperation in Science and Technology Agreement.

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