Provision Language
Definitions
“Project Results” means all results, including information, knowledge, non–individually identifiable data, materials, analysis, reports, evaluations and other documents, generated by or on behalf of the Recipient as result of implementation of the Project, but not including any Recipient Background IP or Recipient Foreground IP.
5. Dissemination of the Project Results
The Intellectual Property Rights in, and ownership of, the Project Results will remain with the party having created or produced such results. Subject to the confidentiality provisions set out in Section 15 (Confidentiality) of this Agreement, the Recipient: (i) hereby provides a non–exclusive, irrevocable, worldwide, royalty–free, sub-licensable license to WHO on behalf of Unitaid to use the Project Results for non–commercial public health, education and research purposes; (ii) will provide Unitaid and/or WHO with the Project Results, or any part thereof, promptly following a request from Unitaid; and (iii) will disseminate the Project Results promptly and broadly in the interests of public health, including, without limitation, in accordance with the Project Description.
In order to ensure that the Project Results may be shared and disseminated as broadly as possible in the interests of public health, the Recipient will: (i) obtain all necessary consents and authorisations to sharing of the Project Results generated by such activities with Unitaid and/or WHO including, without limitation, from relevant national and regulatory authorities, ethical review boards, consultants and sub–contractors; (ii) publish any scientific articles or chapters using or incorporating the Project Results in an appropriate open access mechanism in accordance with WHO’s policy on open access (available at: http://www.who.int/publishing/openaccess/en/); and (iii) make the data generated by the Project publicly available on open access terms in an appropriate online data repository: (a) at the same time as publication, in relation to data supporting, or which may be necessary to validate, the main findings of any publication; and (b) no later than six (6) months after the last Milestone Payment, in relation to all other data which may have public health value.