Provision Language
MOU
Background
Ferring is committed to making HSC accessible to women suffering or at risk of suffering of PPH. Towards that end, Ferring is collaborating with the World Health Organization (“WHO”) and Unitaid in the implementation of a randomized controlled trial, entitled ‘Heat-stable carbetocin for the treatment of postpartum hemorrhage: a phase III, randomized, double-blind, active-controlled, multi-country, multi-centre, non-inferiority trial’ (“Treatment Trial”) arranged and coordinated by the UNDP/UNFPA/UNICEF/WHO/World Bank Special Programme of Research, Development and Research Training in Human Reproduction (“WHO/HRP“) and for the purpose of inter alia further expanding access to HSC for the treatment of PPH in the Public Sector of Target Countries (defined below).
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MPP is a non-profit organization with a mission to improve the health of people living in low- and middle-income countries by increasing access to quality, safe, efficacious and affordable medicines by facilitating access to intellectual property to allow for the rapid development and manufacturing of these medicines.
Ferring and MPP wish to collaborate for the purpose of facilitating a limited license to Ferring’s intellectual property on HSC to MPP for the purpose of ensuring long-term equitable access to HSC by women suffering, or at-risk of suffering from PPH in Target Countries. This MOU memorializes the terms and conditions under which an in-license, including a right to sublicense, will be granted by Ferring to MPP.
Annexure A, Schedule 3: Form of Sublicense
WHEREAS the intent of this Agreement is to provide access to the Licensed Patents and Licensed Know-How (and therefore facilitate access to the Licensed Product for patients in resource-limited jurisdictions), and not to create any non-patent-related barriers where Licensed Patents (as defined below) do not exist; […]
2. GRANT OF LICENSE
2.7 The Licensee shall, acting in compliance with this Agreement and all applicable laws and regulations, use its best endeavours to maximize access to the Licensed Product for use in the Field in the Territory.