MODUK DEFCON 705 PDF

General

If any dispute arises between the Contractor and any third party over the terms of a licence required to be granted under this Condition, the dispute shall be referred initially to the Authority’s Director of Intellectual Property Rights for his own proposal of terms. If the proposal made is not acceptable to either party, that party may, at its own expense, refer the matter to a referee appointed by the President at the time of the Chartered Institute of Patent Agents for settlement of the disputed terms within 6 weeks of the reference. If no reference is made within thirty (30) days of the proposal of the Authority’s Director of Intellectual Property Right’s, the terms proposed by the Authority’s Director of Intellectual Property Rights shall apply. Any dispute between the Contractor and the Authority will be referred for resolution to a referee appointed by the President at the time of the Chartered Institute of Patent Agents for settlement of the disputed terms.

Nothing in this Condition shall restrict the entitlement of either party to make use of information once it enters the public domain, nor shall extinguish any entitlement to use information which has been acquired under any separate contract or agreement.

This Condition shall constitute "an agreement to the contrary" for the purposes of Section 48(5) of the Copyright, Designs and Patents Act 1988.

To avoid doubt, nothing in this Condition overrides any applicable security restriction or constitutes a licence under Control of Export Regulations. Nothing in this Condition requires the Contractor to do anything in contravention of Control of Export Regulations.

The terms of this Condition shall survive the cessation of any Contract to which it applies.