Ferring – MPP, Post-Partum Hemorrhage Prevention & Treatment (Heat Stable Carbetocin) MOU

Intellectual property | Protection of IP

Summary of Approaches

Who has the decision-making authority and responsibility for patent prosecution, maintenance and enforcement?
- The sublicensee will have no rights in relation to the patent filing, prosecution and maintenance.
Is there a mechanism for information sharing and cooperation between the parties in relation to patent prosecution, maintenance and enforcement activities?
- If any patent infringement claim is instituted by a third party against MPP or the sublicensee for patent infringement involving the Licensed Product, the Party sued will promptly notify the other Party and Ferring in writing.
- The sublicensee will assist Ferring and cooperate in any any litigation at Ferring’s request and expense.

Annotations

This Memorandum of Understanding (“MOU“), dated April 11, 2024, is between Ferring International Center (“Ferring“), a multinational pharmaceutical company, and Medicines Patent Pool Foundation (“MPP“), a United Nations-backed public health organization that works to increase access to medicines for low- and middle-income countries. The MOU aligns with Ferring’s existing collaboration with the WHO and Unitaid on a clinical trial for the use of heat-stable carbetocin (“HSC“) for the treatment of post-partum hemorrhage (“PPH“).

The MOU establishes a set of criteria which, if met, will trigger the grant of a license from Ferring to MPP under Ferring’s patents and know-how related to HSC. Annex A to the MOU sets out the form of the License Agreement that will be executed. The License Agreement will allow MPP to grant sublicenses to entities that are able to comply with applicable laws, manufacture products in line with quality requirements, and make the Licensed Product available on terms that will facilitate access.

The sublicense grants will cover the development, manufacturing and sale of Licensed Products for the prevention and treatment of PPH (“Field“) to the Public Sector in Target Countries (“Territory“). Target Countries are low-income and lower middle-income countries as classified by the World Bank, as well as upper-middle income countries facing elevated levels of maternal mortality where either there are limited cold chain capabilities, or commercial prices for HSC are a barrier to access for the Public Sector.

Provision Language

Annexure A, Schedule 3: Form of Sublicense

8. INTELLECTUAL PROPERTY

[…]

8.4 The Licensee shall have no rights in relation to the conduct of any matter relating to the Licensed Patents, including the filing, prosecution and maintenance thereof.

8.5 If any suit or claim by a Third-Party is instituted against the Licensor or the Licensee for patent infringement involving the Licensed Product, the Party sued shall promptly notify the other Party and Ferring in writing. Ferring shall have the right, but not the obligation, to defend or to conduct its defence of such suit or claim at its own expense. The Licensee shall assist Ferring and co-operate in any such litigation at Ferring’s request and expense.

8.6 Ferring (and in no circumstances the Licensee) shall be entitled to bring infringement action against a Third-Party at its own expense. To the extent Ferring decides not to bring any such infringement action, Ferring shall not be liable to the Licensee in any respect for such decision. The Licensee shall assist Ferring and co-operate in any such litigation at Ferring’s request without expense to the Licensee.

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Ferring – MPP, Post-Partum Hemorrhage Prevention & Treatment (Heat Stable Carbetocin) MOU

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Ferring – MPP, Post-Partum Hemorrhage Prevention & Treatment (Heat Stable Carbetocin) MOU

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