Provision Language
1. The Manufacturer has developed and may hereafter develop certain preclinical and clinical information relating to […](“the Product”), as described in paragraph II.1 of the letter of agreement between the Manufacturer and WHO of [date]
2. The Manufacturer is willing to release the above mentioned information (hereinafter referred to as “the Information”) to WHO, for the purpose of enabling WHO to assess such Information and facilitate expert consensus on ethical protocols for the clinical testing and use of the Product for the treatment or prevention of Ebola Virus Disease (hereinafter referred to as “the Purpose“), provided that WHO undertakes to release the Information only to persons who have a need to know for the Purpose and are bound by like obligations of confidentiality and non–use, as are contained in this Agreement.
3. WHO undertakes to regard the Information as the Manufacturer’s proprietary information and agrees to take all reasonable measures to ensure that the Information is not used or disclosed, in whole or in part, other than as provided in paragraph 2, for a period of 5 (five) years from the date of disclosure to WHO (with exceptions).
[…]
5. The parties agree that if and to the extent that the public disclosure of any of the Information is required to enable clinical use of the Product for Ebola Virus Disease, WHO shall seek the Manufacturer’s prior written consent for such disclosure, which consent shall not be unreasonably withheld.