WITHOUT THE PRIOR WRITTEN
CONSENT OF INOVIO.
6.1.3.
PERMITTED DISCLOSURES.
THE CONFIDENTIALITY OBLIGATIONS UNDER THIS
SECTION 6 SHALL NOT APPLY (A) TO THE EXTENT THAT IAPL IS REQUIRED TO DISCLOSE
INFORMATION BY APPLICABLE LAW, REGULATION OR ORDER OF A GOVERNMENTAL AGENCY OR A
COURT OF COMPETENT JURISDICTION, OR (B) TO THE EXTENT NECESSARY OR DESIRABLE TO
ALLOW IAPL (WHERE POSSIBLE, WITH ADEQUATE SAFEGUARDS FOR CONFIDENTIALITY) TO
DEFEND AGAINST LITIGATION OR TO FILE AND PROSECUTE PATENT APPLICATIONS;
PROVIDED, HOWEVER, IN EITHER SUCH CASE THAT IAPL SHALL PROVIDE WRITTEN NOTICE
THEREOF TO INOVIO, CONSULT WITH INOVIO WITH RESPECT TO SUCH DISCLOSURE AND
PROVIDE INOVIO SUFFICIENT OPPORTUNITY TO OBJECT TO ANY SUCH DISCLOSURE OR TO
REQUEST THAT IAPL SEEK CONFIDENTIAL TREATMENT THEREOF, IN WHICH EVENT, IAPL MUST
OBTAIN FORMAL WRITTEN APPROVAL FROM INOVIO .
10
6.1.4.
ANNOUNCEMENTS.
EXCEPT AS MAY BE EXPRESSLY PERMITTED UNDER SECTION
6.1.3, IAPL WILL MAKE ANY PUBLIC ANNOUNCEMENT REGARDING THIS AGREEMENT WITHOUT
THE PRIOR WRITTEN APPROVAL OF INOVIO.
FOR THE SAKE OF CLARITY, NOTHING IN THIS
AGREEMENT SHALL ALLOW IAPL TO MAKE ANY SCIENTIFIC PUBLICATION OR PUBLIC
ANNOUNCEMENT CONCERNING IAPL'S COMMERCIALIZATION ACTIVITIES WITH RESPECT TO ANY
LICENSED PRODUCT UNDER THIS AGREEMENT OR TO DISCLOSE ANY OF INOVIO'S
CONFIDENTIAL INFORMATION IN ANY SUCH PUBLICATION OR ANNOUNCEMENT WITHOUT FIRST
OBTAINING INOVIO'S PRIOR WRITTEN CONSENT TO DO SO.
6.1.5.
PUBLICATIONS.
DURING THE TERM OF THIS AGREEMENT, IAPL SHALL SUBMIT
TO THE INOVIO FOR REVIEW AND APPROVAL ALL PROPOSED ACADEMIC, SCIENTIFIC, AND
MEDICAL PUBLICATIONS AND PUBLIC PRESENTATIONS RELATING TO THE LICENSED PRODUCT
FOR REVIEW IN CONNECTION WITH PRESERVATION OF PATENT RIGHTS AND/OR TO DETERMINE
WHETHER CONFIDENTIAL INFORMATION OF THE OTHER PARTY SHOULD BE MODIFIED OR
DELETED, PROVIDED, HOWEVER THAT AFTER THE APPROVAL OF AN ACADEMIC, SCIENTIFIC OR
MEDICAL PUBLICATION AND/OR PUBLIC PRESENTATION HAS BEEN GIVEN, THEN IAPL SHALL
NOT HAVE TO RESUBMIT ANY SUCH INFORMATION FOR RE-APPROVAL SHOULD IT BE
REPUBLISHED OR PUBLICLY DISCLOSED IN ANOTHER FORM.
WRITTEN COPIES OF SUCH
PROPOSED PUBLICATIONS AND PRESENTATIONS SHALL BE SUBMITTED TO INOVIO NO LATER
THAN 60 DAYS BEFORE SUBMISSION FOR PUBLICATION OR PRESENTATION AND INOVIO SHALL
PROVIDE ITS APPROVAL AND/OR COMMENTS WITH RESPECT TO SUCH PUBLICATIONS AND
PRESENTATIONS WITHIN 30 DAYS FOLLOWING ITS RECEIPT OF SUCH WRITTEN COPY IAPL
SHALL EACH COMPLY WITH STANDARD ACADEMIC PRACTICE REGARDING AUTHORSHIP OF
SCIENTIFIC PUBLICATIONS AND RECOGNITION OF CONTRIBUTION OF OTHER PARTIES IN ANY
PUBLICATIONS RELATING TO THE DEVELOPMENT OF THE LICENSED PRODUCTS.
6.2.
COMPLIANCE WITH LAW.
IN ADDITION TO ITS COVENANTS UNDER SECTION
4.4.2 AND 5.2 HEREOF, IAPL COVENANTS AND AGREES TO COMPLY WITH ALL OTHER LAWS
AND REGULATIONS APPLICABLE TO ITS ACTIVITIES CONNECTED WITH THE MANUFACTURE AND
COMMERCIALIZATION (AS APPLICABLE) OF LICENSED PRODUCTS.
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING:
6.2.1.
PATIENT INFORMATION.
IAPL AGREES TO ABIDE BY ALL LAWS, RULES,
REGULATIONS, AND ORDERS OF ALL APPLICABLE SUPRANATIONAL, NATIONAL, FEDERAL,
STATE, PROVINCIAL, AND LOCAL GOVERNMENTAL ENTITIES CONCERNING THE
CONFIDENTIALITY OR PROTECTION OF PATIENT IDENTIFIABLE INFORMATION AND/OR
PATIENTS' PROTECTED HEALTH INFORMATION, AS DEFINED BY U.S. C.F.R. PART 160 OR
PERSONAL DATA AS DEFINED BY EU DIRECTIVE 95/46/EC