CSIC – MPP (C-TAP), COVID-19 Diagnostic, Patent & Material License Agreement

Protecting & sharing information | Information sharing

Annotations

This Patent and Material License Agreement is between the Spanish National Research Council (“CSIC“), a state agency of the Spanish government, and the Medicines Patent Pool (“MPP“), a United Nations-backed nongovernmental organization that pools licenses from intellectual property owners and sublicences technology for generic production and distribution in low-income and lower-middle-income countries (“LMICs“). MPP is the “implementing arm” of the World Health Organization’s COVID-19 Technology Access Pool (C-TAP), which facilitates equitable access to COVID-19 products. The Agreement concerns a COVID-19 antibody test (the “Test”) developed and owned by CSIC. The Agreement is effective as of November 2021.

Scientists in the CSIC National Center for Biotechnology developed the technology that is the subject of this Agreement. CSIC filed patent applications in the Spanish Patent & Trademark Office and European Patent Office.

The Agreement provides a non-exclusive license that permits the MPP to sublicense CSIC intellectual property and materials to generic manufacturers who will develop and commercialize ELISA kits and lateral flow tests for the detection of antibodies against COVID-19 (“Field”) primarily for use in LMICs.

The Agreement specifies only a few elements of future sublicenses, including a 15% royalty on sales to high-income countries, and royalty-free sales and an affordability term for LMICs. The MPP and CSIC must both approve other sublicense terms and the selection of sublicensees.

CSIC must transfer intellectual property and materials, including know-how and expression vectors for cells with DNA that encode the proteins needed for COVID-19 antibody testing. MPP or its sublicensees must pay CSIC’s manufacturing costs, and MPP pays travel and out-of-pocket expenses incurred by CSIC staff involved in technology transfer to MPP sublicensees. CSIC does not warrant that its technology is patentable, nor that its use is noninfringing.

Provision Language

11. Considerations and Follow–Up Reports

As consideration for the rights conveyed by CSIC under this Agreement, MPP shall use reasonable efforts to sublicense the rights to develop, use and Commercialize the Patent Rights and Material to companies interested to manufacture and/or Commercialise the Product. MPP will keep CSIC regularly informed of the progress in the search for sublicensees.

Download Full Agreement

Master Alliance Provisions Guide (MAPGuide)

CSIC – MPP (C-TAP), COVID-19 Diagnostic, Patent & Material License Agreement

Provision Language

Contact Us

Get In Touch

Browse

Contact Us

Get In Touch

Browse

Sign Up to Our Newsletter

Master Alliance Provisions Guide (MAPGuide)

CSIC – MPP (C-TAP), COVID-19 Diagnostic, Patent & Material License Agreement

Provision Language

Contact Us

Get In Touch

Browse

Contact Us

Get In Touch

Browse

Title

Sign Up to Our Newsletter

Agreement Type

Select Partner Type

Select Development Stage

Select Technology

Select Issue or Sub-issues