Provision Language
Annex 3. Global Access Plan
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3. Dissemination agreement
3.1. Publication. The Parties will publish the scientific and technological results of the work performed under this Project in order to make the information available to the wider vector control community, so as to disseminate the information in accordance with the Charitable Objectives and the Global Access Strategy, while preserving the need for prior protection of inventions (e.g. patent) before any publication is made. The mode of publication must be appropriate to effective and timely communication with that community (subject to any prior change to the publication to protect inventions), and the support of the FNIH should be acknowledged in any such publication.
3.2. Scrutiny before Publication. Prior to any publication or public disclosure of information generated within the Project the Party wishing to publish that information must obtain the written agreement of the other parties within that Project and the Project Management Team (bound by secrecy undertakings not less strict than those contained in the Agreement); such agreement shall not be unreasonably withheld. Either Party or the Project Management Team may object to the publication if, in their reasonable opinion, it would:
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- prevent or interfere with the effective protection of any intellectual property in this Project; or
- damage or prevent the achievement of the Charitable Objectives or the Global Access Strategy; or
- bring into disrepute the Parties.
The information to be published must be submitted for approval to the Project Management Team at least 21 days before it is placed in the public domain.
The Project Management Team must provide written approval or objection within the period of 21 days. Absence of an answer shall not be deemed an approval.
When publication is delayed to allow filing of patents the delay shall not extend beyond the filing of the relevant patent.
If anyone of the Project Management Team does not approve the publication within this time, release will be delayed and the Parties will meet to resolve the objections. If the Parties are unable to resolve the objection the persons designated as Top Managers of the respective Parties and the Project Management Team shall promptly discuss the matter to determine whether or not publication should continue, in a consensual way.