Master Alliance Provisions Guide (MAPGuide)

US Department of Defense – Novavax, COVID-19 Vaccine Development Agreement

  • IP ownership & licensing | Ownership of results

Statement of Work: 7.0 Intellectual Property, Data Rights, and Copyrights

7.2 Foreground IP 

(a) Ownership. Notwithstanding anything in the Base Agreement to the contrary, Novavax owns all rights, title and interest in and to any development, modification, discovery, invention or improvement, whether or not patentable, conceived, made, reduced to practice, or created in connection with activities funded under the Project Agreement, including, without limitation, all data and inventions, and intellectual property rights in any of the foregoing (“Foreground IP”).

Statement of Work: 8.0 Data Rights

Article XI, §11.03 of the Base Agreement is hereby amended, consistent with the “Specifically Negotiated License Rights” capability at Article XI, §§11.01(12) and 11.03(4), as follows: 

8.1 Data Ownership

Novavax owns all rights, title and interest to all Data (as defined in Article XI, Section 11.01(7) of the Base Agreement) generated as a result of the work performed under this Project Agreement, including Subject Data.

[Specifically Negotiated License Rights” means are those rights to Data that have been specifically negotiated between the Government and the MCDC on behalf of the member entity or PAH whose proposal is selected by the Government under a call for proposals issued under the OTA.]