NIH – GeoVax, Non-Exclusive Patent and Biological Materials License Agreement

Business model | Product supply
Equitable Access | Territory access commitments

Structural Questions

Product supply

What are the specific commitments made by the parties to supply and purchase the products?
What actions must be taken by the supplier to ensure that it can fulfil the committed supply volume?
What are the remedies for actual or potential supply failures?

Territory access commitments

How should ‘territory’ be defined under the agreement? Should the definition make a distinction between different types of purchaser (e.g. public sector vs. private sector)?
Should the developer be required to apply for regulatory approval in priority access markets?
Should the developer be required to commit a proportion of the product manufactured to a certain country or purchasing organization?
Should the developer be required to identify a third party that could fulfill supply requirements for the access territories in the event that the developer does not?
Should the agreement include any anti-diversion provisions?

Annotations

This is a non-exclusive patent and biological materials licencing agreement between the National Institute of Allergy and Infectious Diseases, as represented by National Institute of Allergy and Infectious Disease and Institute Center of the NIH (“IC”) and GeoVax, Inc. (“GeoVax” or “Licensee”), which was entered into on October 22, 2020. The Licensed Field of Use under the agreement is the creation of a preventive MVA-VLP vaccine against SARS-CoV-2. This agreement provides for ownership rights and licencing, royalties and payments (which have been redacted), along with a commercial development plan. GeoVax agrees that their products will be made available to patient assistance programs worldwide in order to provide access to COVID-19 vaccines and/or boosters to populations in need.

Provision Language

10. Performance And Diligence Obligationsstrong>span>p>
[…]p>
10.2strong> The Licensee agrees, after its First Commercial Sale, to make reasonable quantities of Licensed Products available to patient assistance programs in the Licensed Territory [Worldwide], to the extent commercially reasonable and without otherwise harming the business interests or viability of Licensee.p>

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Master Alliance Provisions Guide (MAPGuide)

NIH – GeoVax, Non-Exclusive Patent and Biological Materials License Agreement

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Master Alliance Provisions Guide (MAPGuide)

NIH – GeoVax, Non-Exclusive Patent and Biological Materials License Agreement

Provision Language

GHIAA Supporters

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Get In Touch

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Get In Touch

Browse

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