Public Health England, Model Fast Track Testing & Evaluation Agreement

Intellectual property | License grants

Structural Questions

Are any licenses granted for the use of background, sideground or foreground intellectual property?
What is the scope of the licensed intellectual property?
What is the territory of the license?
Is the license exclusive or non-exclusive?
Are there any restrictions on the use of the licensed intellectual property?
Are there any specific obligations to exploit the licensed intellectual property?
Can the licensee grant sublicenses to third parties?
Will products manufactured under license be marketed as branded or generic? (i.e. will they bear the licensor’s trademarks/trade dress)

Annotations

This Model Fast Track Testing and Evaluation Agreement was initially developed by Public Health England (PHE) in connection with a Wellcome Trust-funded project to explore possible treatment options for Ebola and Zika. It was subsequently published on a UK Intellectual Property Office guidance page as a model that could be adapted to be used during One Health crises.

Under the Agreement, PHE or a similar entity (“Institution“) will evaluate pharmaceutical and/or vaccine candidates (“Materials“) from a commercial or academic organization (“Developer“) against a specified Pathogen of Interest relevant to a One Health crisis. The results and foreground IP (“Arising IPR“) generated under the Agreement will be owned by the developer, but the Institution will have the right to use the Arising IPR for academic and research purposes. The parties also commit to supporting access to information for the global scientific community by publishing the results, or making them available to stakeholder databases.

In consideration of the work undertaken by the Institution, if the Developer develops and manufactures any product incorporating the Material that has been evaluated (“Product“), the Developer will agree a discounted rate with health authorities in the Institution’s host country (“Commissioning Bodies“) for the purchase of Products to be used for public benefit.

Provision Language

5. INTELLECTUAL PROPERTY RIGHTS

[…]

5.4 The Developer grants to the Institution a royalty-free, irrevocable, non-transferable, non-exclusive licence to use the Arising IPR for the Institution’s own non-commercial activities such as teaching and scientific or clinical research subject always to confidentiality provisions set out in clause 8 of this agreement.

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Public Health England, Model Fast Track Testing & Evaluation Agreement

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Public Health England, Model Fast Track Testing & Evaluation Agreement

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