Master Alliance Provisions Guide (MAPGuide)

NIH – MPP (C-TAP), COVID-19 Technologies, Patent and Biological Material License Agreement

  • Protecting & sharing information | Confidentiality

4. Sublicensing

4.4 The Licensee agrees to forward to IC a complete copy of each fully executed sublicense agreement postmarked within thirty (30) days of the execution of the agreement. To the extent permitted by law, the IC agrees to maintain each sublicense agreement in confidence.

6. Royalties and Reimbursement

6.11 IC agrees, upon written request, to provide the Licensee with summaries of patent prosecution invoices for which IC has requested payment from the Licensee under Paragraphs 6.8 and 6.9. The Licensee agrees that all information provided by IC related to patent prosecution costs shall be treated as confidential commercial information and shall not be released to a third party, other than to Licensee’s Sublicensee(s) as confidential commercial information, except as required by law or a court of competent jurisdiction.

9. Reports On Progress, Benchmarks, Sales, And Payments

9.8 All plans and reports required by this Article 9 and marked “confidential” by the Licensee shall, to the extent permitted by law, be treated by the IC as commercial and financial information obtained from a person and as privileged and confidential, and any proposed disclosure of these records by IC under the Freedom of Information Act (FOIA), 5 U.S.C. §552 shall be subject to the pre disclosure notification requirements of 45 C.F.R. §5.65(d).

14. General Provisions

14.10 By entering into this Agreement, IC does not directly or indirectly endorse any product or service provided, or to be provided, by the Licensee whether directly or indirectly related to this Agreement. The Licensee shall not state or imply that this Agreement is an endorsement by the Government, IC, any other Government organizational unit, or any Government employee. Additionally, the Licensee shall not use the names of IC, FDA, HHS, or the Government or their employees in any advertising, promotional, or sales literature without the prior written approval of IC.