5.3
PUBLICATIONS AND PRESENTATIONS.
THE PARTIES ACKNOWLEDGE THAT
SCIENTIFIC PUBLICATIONS AND PRESENTATIONS MUST BE STRICTLY MONITORED TO PREVENT
ANY ADVERSE EFFECT FROM PREMATURE PUBLICATION OR DISSEMINATION OF RESULTS OF THE
ACTIVITIES HEREUNDER.
EACH PARTY AGREES THAT, EXCEPT AS REQUIRED BY APPLICABLE
LAWS, IT SHALL NOT PUBLISH OR PRESENT, OR PERMIT TO BE PUBLISHED OR PRESENTED,
THE RESULTS OF THE DEVELOPMENT OR COMMERCIALIZATION OF A LICENSED PRODUCT TO THE
EXTENT SUCH RESULTS REFER TO OR OTHERWISE RELATE TO THE LICENSED TECHNOLOGY OR
LICENSED PATENT RIGHTS (THE "COVERED RESULTS") WITHOUT THE PRIOR REVIEW BY AND
APPROVAL OF THE OTHER PARTY.
EACH PARTY SHALL PROVIDE TO THE OTHER PARTY THE
OPPORTUNITY TO REVIEW EACH OF THE SUBMITTING PARTY'S PROPOSED ABSTRACTS,
MANUSCRIPTS OR PRESENTATIONS (INCLUDING, WITHOUT LIMITATION, INFORMATION TO BE
PRESENTED VERBALLY) THAT RELATE TO THE COVERED RESULTS AT LEAST [***] ([***])
DAYS PRIOR TO ITS INTENDED PRESENTATION OR SUBMISSION FOR PUBLICATION, AND SUCH
SUBMITTING PARTY AGREES, UPON WRITTEN REQUEST FROM THE OTHER PARTY GIVEN WITHIN
SUCH [***]-[***] PERIOD, NOT TO SUBMIT SUCH ABSTRACT OR MANUSCRIPT FOR
PUBLICATION OR TO MAKE SUCH PRESENTATION UNTIL THE OTHER PARTY IS GIVEN UP TO
[***] ([***]) DAYS FROM THE DATE OF SUCH WRITTEN REQUEST TO SEEK APPROPRIATE
PATENT PROTECTION FOR ANY COVERED RIGHTS IN SUCH PUBLICATION OR PRESENTATION
THAT IT REASONABLY BELIEVES MAY BE PATENTABLE.
ONCE SUCH ABSTRACTS, MANUSCRIPTS
OR PRESENTATIONS HAVE BEEN REVIEWED AND APPROVED BY EACH PARTY, THE SAME
ABSTRACTS, MANUSCRIPTS OR PRESENTATIONS DO NOT HAVE TO BE PROVIDED AGAIN TO THE
OTHER PARTY FOR REVIEW FOR A LATER SUBMISSION FOR PUBLICATION.
EACH PARTY ALSO
SHALL HAVE THE RIGHT TO REQUIRE THAT ANY OF ITS CONFIDENTIAL INFORMATION THAT IS
DISCLOSED IN ANY SUCH PROPOSED PUBLICATION OR PRESENTATION BE DELETED PRIOR TO
SUCH PUBLICATION OR
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PRESENTATION.
IN ANY PERMITTED PUBLICATION OR PRESENTATION BY A PARTY, THE
OTHER PARTY'S CONTRIBUTION SHALL BE DULY RECOGNIZED, AND CO-AUTHORSHIP SHALL BE
DETERMINED IN ACCORDANCE WITH CUSTOMARY INDUSTRY STANDARDS.
6.
FILING, PROSECUTION AND MAINTENANCE OF PATENT RIGHTS
6.1
PATENT FILING, PROSECUTION AND MAINTENANCE. IMMUNOGEN, ACTING
THROUGH PATENT COUNSEL OR AGENTS OF ITS CHOICE, SHALL BE RESPONSIBLE, AT ITS
SOLE COST AND EXPENSE, FOR THE PREPARATION, FILING, PROSECUTION AND MAINTENANCE
OF ALL LICENSED PATENT RIGHTS.
ALL COSTS AND EXPENSES INCURRED BY IMMUNOGEN IN
CONNECTION WITH THE PREPARATION, FILING, PROSECUTION AND MAINTENANCE OF LICENSED
PATENT RIGHTS SHALL BE THE SOLE RESPONSIBILITY OF IMMUNOGEN.
AT IMMUNOGEN'S
REQUEST, SANOFI-AVENTIS SHALL COOPERATE WITH IMMUNOGEN IN ALL REASONABLE
RESPECTS IN CONNECTION WITH SUCH PREPARATION, FILING, PROSECUTION AND
MAINTENANCE OF LICENSED PATENT RIGHTS.
6.2
ABANDONMENT.
IF IMMUNOGEN DECIDES TO ABANDON OR TO ALLOW TO LAPSE
ANY OF THE LICENSED PATENT RIGHTS IN ANY COUNTRY OR REGION IN THE TERRITORY,
IMMUNOGEN SHALL INFORM SANOFI-AVENTIS OF SUCH DECISION PROMPTLY AND, IN ANY
EVENT, SO AS TO PROVIDE SANOFI-AVENTIS A REASONABLE AMOUNT OF TIME TO MEET ANY
APPLICABLE DEADLINE TO ESTABLISH OR PRESERVE SUCH LICENSED PATENT RIGHTS IN SUCH
COUNTRY OR REGION.
SANOFI-AVENTIS SHALL HAVE THE RIGHT TO ASSUME RESPONSIBILITY
FOR CONTINUING THE PROSECUTION OF SUCH LICENSED PATENT RIGHTS