The word “brand,” after a trademark and against the generic name of the product, continues to protect against misuse. (e) Biovail undertakes not to allow third parties to use the brands or dress to sell products, except as stipulated in this agreement. Biovail undertakes not to use brands or clothing to sell products and encourages its licensed under-licensed not to use brands that are confusing with brands or clothing selling products. The other party, the licensee, admits that it will not in any way use the domain name that could affect the licensee`s rights in the domain name or negatively affect the value of the domain name. The parties are heard and agreed that a domain name is not considered to be used in the territory when a website is accessible in the territory under the URL corresponding to such a domain name, if that site is exclusively intended for patients or consumers established in jurisdictions located outside the territory. The domain name agreement also contains a section that exposes the licensee`s rights to purchase the domain name. The option to purchase may be exercised by the licensee who issues a notification to the licensee for a certain period of time (for example. B of the duration of the licence agreement). After the notice is issued, the licensee must pay the agreed purchase price to a third fiduciary. The licensee must then transfer ownership and control of the domain name to the licensee. Once this has been done, the fiduciary should release the purchase price to the licensee. This section can be deleted if there is no option to purchase. The licence for rights to branded apparel and products under this agreement is an integral part of the treaty and is an essential incentive for Biovail to join the APA.
“Marks” more specifically reads the trademarks registered by GSK or its related companies for the marketing of products covered in point (i) of the product definition in all or part of the territory, as indicated in Schedule 1, including extensions and potential applications for this purpose. For reasons of clarity and avoidance of doubts, the trademarks do not include any of the names (or variants of these) of Glaxo Wellcome Inc., Glaxo Wellcome plc, GlaxoSmithKline LLC, GlaxoSmithKline Inc. or any of their associated companies or brands that are usually associated with these names. The “financial terms of the agreement,” which would cover option costs, are a possible category of confidential information. Privacy rules can be easily tailored to any information you want to keep confidential. provided, however, that Biovail cannot resolve such a potential violation in a manner that seriously infringes the rights of GSK or its related companies on the applicable waste product brand or dress, except with GSK`s prior written consent (consent must not be withheld, conditioned or unduly delayed).