Provision Language
1. Background
1.6 The World Health Organization COVID–19 Technology Access Pool (WHO C–TAP) was establish to implement the Solidarity Call to Action launched by WHO to provide a platform for the developers of COVID–19 vaccines, tests, medical devices, and therapeutics to share their data, know–how and intellectual property rights, with quality assured manufacturers. Technology holders are called to voluntarily license such rights on a non–exclusive and worldwide basis through implementing partners like the Medicines Patent Pool to facilitate further development and widescale production, distribution, sale and use of such health technologies throughout the world promoting equitable, affordable and timely access to their products for all countries.
4. Sublicensing
4.1 Upon written approval, which shall include prior review of any sublicense agreement by IC, and which shall not be unreasonably withheld, the Licensee may enter into sublicensing agreements for the Licensed Patent Rights and Licensed Materials. These sublicenses will not have a further right of sublicense and must be granted in accordance with the WHO C–TAP Development Plan as described in Appendix C. Sublicenses must also be issued by the Licensee without discrimination to any sublicensee with the demonstrated commitment, ability, and readiness to use the sublicense but in no instance shall a sublicense be issued for use in a country under Government sanction.
Reports on Progress, Benchmarks, Sales, and Payments
9.1 Prior to signing this Agreement, the Licensee has provided IC with the WHO C–TAP Development Plan in Appendix E, under which the Licensee and its Sublicensees intend to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This WHO C–TAP Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D.