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

Intellectual Property | Protection of IP

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

9. Intellectual and Industrial Property Rights

9.1. Filing, prosecution and maintenance of Patent Rights. Before any sublicense will be signed by MPP, CSIC (or its licensees) shall be responsible for the preparation, filing, prosecution, and maintenance of Patent Rights in the Territory and shall cover all associated costs. There will be no obligation for the CSIC to maintain the Patent right in any country.

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

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