Master Alliance Provisions Guide (MAPGuide)

WHO Standard Framework Memorandum of Understanding

  • Business model | Benefit sharing
  • Equitable Access | Access plans & principles
  • Intellectual Property | Ownership of IP

6. Products Resulting from the Collaboration

6.1 The Parties shall make appropriate arrangements to promote that any product which may result from collaborative research and development work undertaken as a result of this Memorandum of Understanding, shall be made widely available to the public on reasonable terms, including in particular to the public sector of developing countries on preferential terms. Any possible additional benefits, including royalties, shall be granted to each Party with due account being taken of the relative value of each Party’s financial, intellectual and other contributions to the product (provided that priority shall always be given to the objective of the Parties set forth in the first sentence of this paragraph 6.1).

6.2 Ownership of any intellectual property rights arising from collaborative activities under this Memorandum of Understanding shall be agreed by the Parties on a case–by–case basis.  However, regardless of whether the Parties shall agree that ownership of the intellectual property rights of a particular collaborative activity shall be vested in WHO and [insert name of contractual partner] jointly, or WHO or [insert name of contractual partner] alone, or in any third party, the Parties agree that the industrial or commercial exploitation of such rights shall be designed to achieve the objectives set forth in paragraph 6.1 above, and shall be subject to and exercised in accordance with an agreement to be negotiated in good faith between WHO and [insert name of contractual partner ], or WHO, [insert name of contractual partner] and the third party concerned, as the case may be.