University of Chile – MPP (C-TAP), COVID-19 Diagnostic Material & Know-How License Agreement

Equitable access | Affordable pricing

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This Material and Know-How License Agreement is between the University of Chile (“University”), a public university in Santiago, Chile, and the Medicines Patent Pool (“MPP”), a United Nations-backed nongovernmental organization that pools licenses from intellectual property owners and sublicences technology for generic production and distribution in low-income and lower-middle-income countries (“LMICs”). MPP is the “implementing arm” of the World Health Organization’s COVID-19 Technology Access Pool (“C-TAP”), which facilitates equitable access to COVID-19 products. The Agreement concerns a list of materials including a cell line, vector and plasmids (“Material”), and proprietary know-how and other technical knowledge (“Licensed Know-How”) in relation to a system for detection and potentially quantification of neutralizing antibodies against SARS-CoV-2 developed and owned by the University. The Agreement is effective as of July 2023.

The Agreement provides a worldwide, non-exclusive license that permits the MPP to sublicense the University Materials and Licensed Know-How (together the “Licensed Technology”) to generic manufacturers who will develop and commercialize products using the Licensed Technology (“Products”) for any use related to COVID-19 (“Field”), with the goal of making them accessible worldwide. The MPP and the University must agree on the selection of sublicensees, and MPP must include provisions in the sublicenses requiring the use of commercially reasonable efforts to make Products available in LMICs at an affordable price. Sublicensees cannot be commercial entities that are either incorporated in, or manufacturing the Products in, Chile.

Royalties will be payable directly from sublicensees to the University. The royalties payable on net sales will be: (i) 3% on sales to high-income countries for a period of 10 years, and (ii) 0% on sales for use in LMICs.

Provision Language

8. ASSIGNMENT AND SUBLICENSES

[…]

8.2. Licenses and sublicenses. MPP and the University will discuss and agree upon the identities of interested and suitable Third Parties to whom MPP shall grant sublicences for the purposes of fabricating and/or commercialising the Product. Due to the existing obligations of the University prior to or at the Effective Date, the Sublicensee shall not be a commercial entity either incorporated or manufacturing the Product(s) in Chile. MPP will require in the sublicences that sublicensee(s) use commercially reasonable efforts to ensure that the Product(s) be made available in LMICs at affordable pricing. Other conditions for these sublicences will be previously agreed between the University and MPP.

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