Master Alliance Provisions Guide (MAPGuide)

Yale University – BIND Biosciences, Cancer Therapeutic, Exclusive License Agreement

  • Equitable Access | Affordable pricing
  • Equitable Access | Territory access commitments



7.5 It is the desire of both YALE and LICENSEE to make LICENSED PRODUCTS available in the developing world, and it is the parties’ common desire for LICENSEE to develop LICENSED PRODUCTS that are clinically and economically suited for use in those areas. To that end, the parties shall use commercially reasonable efforts, when possible under good business practice, to facilitate the availability of LICENSED PRODUCTS in low and lower middle–income countries at locally affordable prices, under reasonable circumstances and terms to improve access to such LICENSED PRODUCTS in such countries, provided that failure to do so after due consideration in good faith shall not be treated as a breach of this Agreement by LICENSEE. Solely by way of example, the parties may mutually agree:

 (a) LICENSEE may use reasonable efforts to seek approval for LICENSED PRODUCTS in low–income and lower–middle–income countries (as defined by the World Bank).



11.2 During the TERM of this Agreement: […]

(c) Notwithstanding the foregoing, neither LICENSEE nor YALE shall take any action to enforce the LICENSED PATENTS, in low or lower–middle income countries, where such action is intended to prevent the sale of LICENSED PRODUCTS in any such countries. However, LICENSEE and/or YALE may take such action in any such country, provided that such action is intended to prevent the manufacturing, use or sale of LICENSED PRODUCTS for export to countries that are not low–income or lower–middle countries.