WHO Standard Material Transfer Agreement (SMTA 2), Pandemic Influenza Preparedness (PIP) Framework

Business model | Governance

Structural Questions

Do the parties govern the project through a joint steering committee (“JSC”)? If so, what are the parties expressly designated roles and responsibilities with respect to the JSC?
Are there other committees, important governance bodies, or designated individual positions? What are the parties’ roles and responsibilities with respect to them?
Are the parties required to meet in accordance with a defined schedule for decision-making and progress reporting activities?
What are the resolution mechanisms for disputes related to the agreement?
Are there any requirements for policies or procedures to manage potential conflicts of interest?

Annotations

This Standard Material Transfer Agreement 2 (SMTA 2) forms part of the WHO Pandemic Influenza Preparedness (PIP) Framework for the sharing of influenza viruses and access to vaccines and other benefits. The SMTA 2 is a form of agreement between the WHO and influenza product manufacturers, research institutions, or other entities (“Recipients“) that receive PIP Biological Materials from the WHO Global Influenza Surveillance and Response System (“GISRS“).

The template structure provides for Recipients to commit to at least two benefit sharing options based on their nature and capacities. The options include donation of products to WHO, reservation of products at an affordable price for WHO, and licensing and technology transfer to manufacturers in developing countries. The commitments made will be included in an Annex to be agreed between WHO and the Recipient. Recipients may only further transfer the materials with entities that have concluded SMTAs with WHO.

Details of signed agreements and benefits secured are available on the WHO website.

Provision Language

Article 5. Dispute resolution

If a dispute cannot be resolved through negotiations or other non-binding means of the parties’ choice, disputes shall be subject to binding arbitration on conditions that are mutually agreed by the parties.

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WHO Standard Material Transfer Agreement (SMTA 2), Pandemic Influenza Preparedness (PIP) Framework

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