Benefit sharing provisions address the right of funders to receive a share of any commercial benefits that arise from the development of a funded product. Commercial benefits received by a product developer could include:

• Revenue from the commercial licensing of project-related intellectual property;

• Government-granted incentives such as Priority Review Vouchers; and/or

• Revenue from the commercialization of derivative products.

Questions to consider when developing a commercial benefit sharing provision

• How will the parties share any commercial benefits related to the project?

Example approaches found in the MAPGuide

• MAPGuide provisions related to this issue generally require the product developer to notify the funder of any commercial benefits that arise. Sharing mechanisms include: 
  • Profit share; 
  • Allocation of a number of doses of the funded product; and
  • In-kind contributions.

• Some development funding agreements also require milestone payments to be made to the funder if the developer is successful in making commercial sales of a funded product.