MPP (C-TAP) – Biotech Africa, COVID-19 Diagnostic, Patent & Material Sublicense Agreement

Intellectual property | Protection of IP

Summary of Approaches

Who has the decision-making authority and responsibility for patent prosecution, maintenance and enforcement?
- CSIC is responsible for patent preparation, filing, prosecution and maintenance
Can the IP owner abandon the prosecution or maintenance of a patent?
- CSIC is not under an obligation to file or maintain patents.
How should IP protection expenses be allocated between the parties?
- CSIC will be responsible for all associated costs.

Annotations

This patent and material sublicense agreement (“Agreement”) is between the Medicines Patent Pool (“MPP”), a United Nations-backed public health organization working to increase access to and facilitate the development of life-saving medicines for low- and middle-income countries (“LMICs”), and Biotech Africa (“Sublicensee”), a South African pharmaceutical company. The sublicense relates to a head license agreement between MPP and the Spanish National Research Council (“CSIC”), which was negotiated by MPP in its role as the “implementing arm” of the WHO COVID-19 Technology Access Pool (“C-TAP”).

Under the Agreement, Biotech Africa receives a sublicense to develop and commercialize CSIC’s COVID-19 diagnostic worldwide. The sublicense covers the patents, biological materials and know-how (together the “Licensed Technology”) needed to manufacture the ELISA kits and lateral flow tests for the detection of antibodies against COVID-19 (“Field”). Materials will be provided at CSIC’s manufacturing cost, and BioTech Africa must cover any travel and out-of-pocket expenses incurred by CSIC staff related to the transfer of Materials or know-how. Biotech Africa also grants a non-exclusive license to MPP and CSIC under any process, know-how or manufacturing improvements.

Biotech Africa must ensure that products manufactured under the agreement are made available in LMICs at affordable prices, and no royalties will be payable to CSIC for sales made to and for use in LMICs.

Provision Language

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The Sublicensee acknowledges that CSIC, or its licensees, shall be responsible, without any obligation to do so, for the preparation, filing, prosecution, and maintenance of Patent Rights worldwide and shall cover all associated costs.

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