/Docs/G/NIH-License-Patent-Exclusive-CmA/Sec/Limit_Govt/0.md
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- "Ti" : "Statutory and ", "_NIH", " Requirements and Reserved Government Rights" ,
"1.1.sec" : "", "_IC", " reserves on behalf of the ", "_Government", " an irrevocable, nonexclusive, nontransferable, royalty free license for the practice of all inventions licensed under the ", "_Licensed_Patent_Rights", " throughout the world by or on behalf of the ", "_Government", " and on behalf of any foreign government or international organization pursuant to any existing or future treaty or agreement to which the ", "_Government", " is a signatory. Prior to the ", "_First_Commercial_Sale", ", ", "_Licensee", " agrees to provide ", "_IC", " with reasonable quantities of the ", "_Licensed_Products", " or materials made through the ", "_Licensed_Processes", " for ", "_IC", " research use; and" ,
"1.2.sec" : "in the event that the ", "_Licensed_Patent_Rights", " are Subject Inventions made under ", "_CRADA", ", ", "_Licensee", " grants to the ", "_Government", ", pursuant to 15 U.S.C. \u00a73710a(b)(1)(A), a nonexclusive, nontransferable, irrevocable, paid up license to practice the ", "_Licensed_Patent_Rights", " or have the ", "_Licensed_Patent_Rights", " practiced throughout the world by or on behalf of the ", "_Government", ". In the exercise of this license, the ", "_Government", " shall not publicly disclose trade secrets or commercial or financial information that is privileged or confidential within the meaning of 5 U.S.C. \u00a7552(b)(4) or which would be considered as such if it had been obtained from a non Federal party. Prior to the ", "_First_Commercial_Sale", ", ", "_Licensee", " agrees to provide ", "_IC", " with reasonable quantities of the ", "_Licensed_Products", " or materials made through the ", "_Licensed_Processes", " for ", "_IC", " research use." ,
"2.sec" : "", "_Licensee", " agrees that products used or sold in the United States embodying the ", "_Licensed_Products", " or produced through use of the ", "_Licensed_Processes", " shall be manufactured substantially in the United States, unless a written waiver is obtained in advance from ", "_IC", "." ,
"3.sec" : "", "_Licensee", " acknowledges that ", "_IC", " may enter into future ", "_CRADA", "s under the Federal Technology Transfer Act of 1986 that relate to the subject matter of ", "_this_Agreement", ". ", "_Licensee", " agrees not to unreasonably deny requests for a ", "_Research_License", " from future collaborators with ", "_IC", " when acquiring these rights is necessary in order to make a ", "_CRADA", " project feasible. ", "_Licensee", " may request an opportunity to join as a party to the proposed ", "_CRADA", "." ,
"4.1.sec" : "in addition to the reserved license of Paragraph 5.1, ", "_IC", " reserves the right to \tgrant ", "_Research_License", "s directly or to require ", "_Licensee", " to grant Research \tLicenses on reasonable terms. The purpose of these ", "_Research_License", "s is to \tencourage basic research, whether conducted at an academic or corporate \tfacility. In order to safeguard the ", "_Licensed_Patent_Rights", ", however, ", "_IC", " \tshall consult with ", "_Licensee", " before granting to commercial entities a \t", "_Research_License", " or providing to them research samples of materials made \tthrough the ", "_Licensed_Processes", "; and" ,
"4.2.0.sec" : "in exceptional circumstances, and in the event that the ", "_Licensed_Patent_Rights", " are Subject Inventions made under a ", "_CRADA", ", the ", "_Government", ", pursuant to 15 U.S.C. \u00a73710a(b)(1)(B), retains the right to require ", "_Licensee", " to grant to a responsible applicant a nonexclusive, partially exclusive, or exclusive sublicense to use the ", "_Licensed_Patent_Rights", " in the Licensed Field of Use on terms that are reasonable under the circumstances, or if ", "_Licensee", " fails to grant this license, the ", "_Government", " retains the right to grant the license itself. The exercise of these rights by the ", "_Government", " shall only be in exceptional circumstances and only if the ", "_Government", " determines:" ,
"4.2.1.sec" : "the action is necessary to meet health or safety needs that are not reasonably satisfied by ", "_Licensee", ";" ,
"4.2.2.sec" : "the action is necessary to meet requirements for public use specified by Federal regulations, and these requirements are not reasonably satisfied by ", "_Licensee", "; or" ,
"4.2.3.sec" : "", "_Licensee", " has failed to comply with an agreement containing provisions described in 15 U.S.C. \u00a73710a(c)(4)(B); and" ,
"4.3.sec" : "the determination made by the ", "_Government", " under this Paragraph 5.4 is subject to administrative appeal and judicial review under 35 U.S.C. \u00a7203(b)." ,
}
}