Provision Language
8. Intellectual Property
[…]
8.3 Grant to MPP. SAMRC undertakes to grant, and shall procure that sub–grantees, where applicable, undertake to grant, subject to the necessary approvals in terms of the IPR Act and any other applicable legislation and regulations, and through a separate agreement, to MPP a non–exclusive, transferable, sublicensable, irrevocable, worldwide, license to practice and have practiced the data and the Inventions for the purposes of fulfilling its mission to facilitate the development and affordable and equitable access of mRNA technologies in low– and middle–income countries (as defined by the World Bank), which license may include a royalty sacrifice. In the event that MPP wishes to make such Inventions available for other purposes, MPP and /or SAMRC and /or sub–grantee(s), as applicable, will enter into good–faith negotiations. SAMRC agrees and shall procure that sub–grantees, where applicable, agree to provide to MPP a license in relation to their background rights, as referred to in Section 8.1. only to the extent necessary to enable the use and exercise of the Inventions made by SAMRC and / or sub–grantee(s) hereunder. MPP shall have the right to share the data generated under the Program with WHO for further sharing with any third parties for the purpose of fulfilling its mission to facilitate the development and equitable access of mRNA technologies in low– and middle–income countries.