“Developing Countries” means the countries that are eligible for GAVI support as of the Effective Date based on a Gross National Income (GNI) per capita below or equal to US $ 1,570 (identified at http://www.gavi.org/Support/Apply/Countries-eligible-for-support/) and South Africa, China, Brazil, Botswana and Thailand. Such countries, on the Effective Date, are listed in Appendix A as an attachment to the Research Plan. It is understood that in respect of South Africa, China, Brazil, Botswana and Thailand, the term “Developing Countries” is limited to the markets in those countries comprising the “Public Sector.” For the purposes of this Agreement, the Public Sector comprises: i) a government or a department or agency thereof, including ministries of health; ii) intergovernmental organizations, including the United Nations, its Specialized Agencies such as the World Health Organization and its Programmes or Funds such as the United Nations Children’s Fund(UNICEF); iii) a non-profit organization or entity organized under the laws of a government or department or agency thereof, including non-governmental organizations such as Médecins sans Frontiéres and faith-based organizations; and iv) entities (including entities in the private sector) that are funded by governments or non-profit organizations or foundations such as the UNICEF, the President’s Emergency Plan for AIDS Relief, or the Global Fund to Fight AIDS, Tuberculosis and Malaria.
“Global Access Objectives” means the objectives: (i) to improve the processes and technologies for the development, manufacture and delivery of Products for use in the Field, with the aim of making them more available and more accessible in terms of cost, quantity and quality to people most in need in the Developing Countries; and (ii) to ensure that information and data resulting from activities under the Project are promptly and broadly disseminated – without jeopardizing intellectual property protection – to the relevant scientific and educational communities.
8. Intellectual Property
8.3 The Parties’ obligations to the funder for its Global Access Objectives. Each Party acknowledges that the funding for the conduct of the Project is provided by the funder in the context of its Global Access Objectives, and that each Party has obligations to the funder as set forth in its respective grants or contracts with the funder in respect of such Party’s Project IP and Confidential Information and, as applicable, Background IP.