Provision Language
Annex C: Data & Materials Sharing Guiding Principles
1. Data Sharing Principles
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(b) Inventions. Ownership of CAVD Inventions is outside the scope of these Guiding Principles and should be addressed by the CAVD Members concerned under a separate contractual arrangement.
To the extent not prohibited by law, regulation or third–party obligation (which obligation exists prior to the organization becoming a CAVD Member), each CAVD Member agrees to grant to the other CAVD Members upon request a fully paid–up, non–exclusive, royalty–free right to use all CAVD Inventions for purposes of education, as well as research, within a Funded Center or Consortium in support of the development of an HIV vaccine. To the extent such prospective grants by a CAVD Member are prohibited by law, regulation, or pre–existing third–party obligation, the relevant CAVD Member will in good faith seriously consider requests from CAVD Members for the right to use such CAVD Inventions for such purposes and explore ways to enable such use on similar terms. The grant of the right to use provided under this paragraph does not waive any obligations under the CAVD Master CDA, the CAVD Master MTA, or other contractual arrangement between the CAVD Members.