This excerpt taken from the ZGEN 10-Q filed May 6, 2009.
BMS shall be responsible, with input from Zymo, for determining and carrying out the publication strategy with respect to the Licensed Products. In the event that Zymo wishes to propose a publication related to a Licensed Product for Party Development Tasks conducted by Zymo pursuant to the Joint Development Plan, Zymo shall submit to BMS the proposed publication or public disclosure containing clinical or scientific results from such trial at least, in the case of disclosures in scientific journals, sixty (60) days and, in the case of abstracts and other public disclosures, thirty (30) days in advance to allow BMS to review such proposed publication or disclosure. BMS will promptly review such proposed publication or disclosure and make any objections or comments that it may have thereto, and the parties shall discuss the advantages and disadvantages of publishing or disclosing such results. Both parties understand that a reasonable commercial strategy may require delay of publication of information or filing of patent applications; provided that such reasonable commercial strategy will take account of the parties differing needs with regard to public disclosures. The parties agree to review and consider delay of publication and filing of patent applications under certain circumstances. If the parties are unable to agree on whether to publish or disclose the same, the matter shall be referred to the JDC for resolution. This Section 13.6 shall not be deemed to limit the parties obligations under this Article Thirteen. Each party shall ensure that any such publications are in accordance with normal scientific publication practices, including those relating to authorship of such publications.
This excerpt taken from the ZGEN 10-Q filed Aug 1, 2007.
(a) The Parties recognize that the publication of papers regarding results of and other information involving the activities under this Agreement (including oral presentations and abstracts) may be beneficial to both Parties.
(b) Except for disclosure relating to Clinical Trials commenced prior to the Effective Date, each Party will have the right to review and comment on any proposed disclosure by the other Party (including oral presentations and abstracts) relating to Project Technology, an Initial Licensed Product or a Collaboration Product. Before any paper is submitted for publication or an oral presentation made, the Party wishing to publish will deliver a complete copy of the paper or materials and abstracts for oral presentation to the other Party at least [ * ] prior to submitting the paper to a publisher or making the presentation. The non-publishing Party will review any such paper and give its comments to the publishing Party within [ * ]. Each Party will comply with the other Partys request to delete references to the other Partys Confidential Information in any publication and agrees to withhold publication of same for an additional [ * ] in order to permit one or both of the Parties to file a patent application, if either or both of the Parties deem it necessary, in accordance with the terms of this Agreement.
Any such publication or presentation will include recognition of the contributions of the other Party according to standard practice for assigning scientific credit, either through authorship or acknowledgment as may be appropriate.
This excerpt taken from the ZGEN 10-K filed Mar 14, 2005.
Each party agrees that the parties personnel involved in a Research Project, separately, together or with other authors, shall be permitted to present at symposia and national or regional professional meetings, and to publish in journals, theses, dissertations or otherwise the results of the Research Project. The foregoing permission is subject to each partys right (via the relevant Research Leader) to receive copies of any proposed publication or presentation in advance of the submission of such proposed publication or presentation to a journal, editor, or other Third Party. The foregoing right shall lapse as to publications relating to a Gene as to which the Wind Down Rights and Obligations apply. Each party shall have [ * ] after receipt of said copies to object to such proposed presentation or proposed publication either:
(a) because there is subject matter that either party desires [ * ] to [ * ] of this Agreement; or
(b) because there is [ * ] which needs [ * ].
If either party makes an objection under Subsection (a) above, such subject matter shall remain subject to Article Eleven and shall not be published or otherwise disclosed without the written consent of both parties. If either party makes an objection under Subsection (b) above, the parties shall negotiate a mutually acceptable version, and both parties and such other authors (if any) shall withhold such subject matter from such publication or presentation until [ * ] or, if earlier, the date [ * ] from the date of receipt of such objection from either party.