Provision Language
(6) Subject to the protection of each Party’s confidential information and the provisions of this paragraph 6, Testing Results may be published by either Party. In order to avoid prejudicing confidential information of the other Party, the submitting Party will transmit to the other Party for its review, the material intended to be published at least 30 (thirty) working days before a proposed publication is submitted to any editor, publisher, referee or meeting organizer. In the absence of an objection by the other Party within the 30-day period concerning prejudice to its confidential information, and provided that all other conditions of this paragraph 6 have been met, the publication may proceed.
In connection with the foregoing, it is understood and agreed that notwithstanding any other provisions in this Agreement, WHO shall be entitled to evaluate and publish the Testing Results, and to exclusively control this evaluation and the content of the aforesaid publication, provided that in order to avoid prejudice to the Company’s confidential Information disclosed to WHO pursuant to paragraphs 1 and 2 above, WHO shall submit any proposed publication to the Company for review in accordance with the provisions of paragraph 6. For the avoidance of any doubt, the Company shall only be entitled to object to a proposed publication if and to the extent it contains any confidential Information of the Company, and not on the grounds that the Company is not satisfied with the Testing Results and/or does not agree with WHO’s evaluation thereof.
The Company shall not proceed to the publication (or any other public disclosure) of any of the Testing Results until such Results have been published by WHO and until the proposed publication has been submitted to WHO for review in accordance with the provisions of paragraph 6.
All publications of the results of any evaluation and testing activities carried out under this Agreement shall include the following statement: “This investigation was carried out as part of the “WHO SARS-CoV-2 antibody-detection assay performance evaluation scheme “.
