MPP – South African Medical Research Council, COVID-19 mRNA-Based Vaccines and Therapeutics, Grant Agreement

Intellectual Property | Protection of IP

Annotations

This Grant Agreement (“Agreement”) between the Medicines Patent Pool Foundation (“MPP”) and the South African Medical Research Council (“SAMRC”) was signed on October 7, 2022. The Agreement relates to the establishment of an mRNA technology transfer programme (also known as the technology transfer hub), which aims to establish sustainable mRNA manufacturing capabilities in and for low- and middle-income countries (“Program”). Under the agreement, MPP passes through funding that it has received from third parties (“Funders”) to make a grant of up to ZAR 26.6 million to SAMRC to fund a portion of a scope of work that is detailed in a redacted attachment to the Agreement (“Project”). The majority of the project is to be executed through sub-grantees, and the obligations under this Agreement will flow through to the sub-grantees.

The terms of the Agreement include a non-exclusive, worldwide license grant from SAMRC (or its sub-grantees) to MPP under the Inventions generated through the Project, as well as a license to background IP to the extent required to exercise the license under the Inventions. This license may include a royalty sacrifice (i.e., it may be royalty-free or have a reduced royalty rate). MPP also has the right, subject to the conclusion of separate data sharing agreements, to share data generated under the project with WHO which may then share the data with third parties for the purpose of facilitating the development of, and equitable access to, mRNA technologies in low- and middle-income countries.

Provision Language

8. Intellectual Property

8.4 Infringement. SAMRC shall immediately give notice to MPP if SAMRC (or any of its relevant administrative, technical and business development staff involved in monitoring the Project) becomes aware of or if the SAMRC and / or any of the sub–grantees receives notice from any third party on:

(a) any infringement of the background intellectual property and/or Invention, or

(b) any claim by a third party that an action carried out under the Project infringes the intellectual property or other rights of any third party.

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MPP – South African Medical Research Council, COVID-19 mRNA-Based Vaccines and Therapeutics, Grant Agreement

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MPP – South African Medical Research Council, COVID-19 mRNA-Based Vaccines and Therapeutics, Grant Agreement

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