Provision Language
Appendix 1: Project Collaboration Plan
III. Global Access Plan
1. CUREVAC and the Foundation agree that the overarching goal of the projects under the Framework Agreement and this Agreement is to improve the processes and technologies for the development, manufacture and delivery of CUREVAC vaccines and other products with the aim of making them more available and more accessible in terms of cost, quantity, and quality to people most in need in the Developing Countries. This is a critical aspect of the Global Access objective of the Foundation. A related aspect of Global Access is to ensure that information and data resulting from activities under the Framework Agreement are promptly and broadly disseminated without jeopardizing intellectual property protection to the relevant scientific and educational communities, since the Foundation’s and CUREVAC’s support may result in incremental technological advances, discoveries, data and information which could be critical to advancing the Foundation’s charitable objectives.
2. The Foundation recognizes that intellectual property protection for the result of work connected with or arising from the Framework Agreement and related projects could be important to realizing these Global Access objectives in Developing Countries, whilst promoting sustainability of R&D and commercialization of CUREVAC’s vaccines or technologies in emerging or developed economies. CUREVAC commits to manage Project IPR to best achieve these Global Access objectives in the Developing Countries, through the sub licensing thereof or the supply of CUREVAC’s vaccines, adjuvants or other products (at CUREVAC’s entire discretion).
3. In the event the success criteria for this Project have been met, the Parties will meet and determine, in good faith, whether to take the resulting vaccine candidate(s) forward.
4. In the event that CUREVAC elects not to participate in further development and trials of the resulting vaccine candidate(s) in accordance with the previous paragraph and the Foundation wishes to proceed, CUREVAC and the Foundation will enter into good faith negotiations to conclude an agreement whereby the Foundation and one or more of its partners or grantees reasonably agreed-to by CUREVAC will proceed with such development and trials. For the purpose of clarity, nothing in this Agreement obligates CUREVAC to participate in or proceed with such development and trials even if the success criteria for this Agreement have been met.
5. The negotiations contemplated in the previous paragraph will address any necessary licenses to Background and Project IPR as well as access and permissions to use data generated by CUREVAC under this Agreement for the purpose of enabling the Foundation and its partner(s) or grantee(s) to proceed with the development and trials.