President Biden announces agreement between the NIH and the WHO Covid-19 Technology Access Pool (C-TAP)

The announcement was made by President Biden at the Global COVID-19 Pandemic Summit.

KEI Statement on the NIH/C-TAP licenses

Following an earlier promise from HHS Secretary Xavier Becerra, the NIH has entered into two licenses with the WHO COVID-19 Technology Access Pool (C-TAP) for COVID-19 technologies. The NIH/C-TAP agreement, coming in May 2022, should have occurred much earlier in the pandemic, but it’s certainly a welcome step, and we hope further agreements will follow from the NIH and other federal agencies, and also from other national governments and charities funding COVID-19 countermeasures.

KEI has expressed some concern that the WHO was not pursuing licenses on upstream COVID-19 technologies, and we hope this agreement signals a change.

Among the important characteristics of these agreements that they are global, transparenct and open.

Instead of adopting a sublicense template, the agreements provide significant flexibility for the C-TAP and the MPP to negotiate the terms of sublicense agreements. In particular, the C-TAP and the MPP will be able to include broad obligations requiring prospective sublicensee to contribute their eventual improvements back to the C-TAP, the MPP, and WHO technology transfer hubs. The C-TAP and the MPP will be able to draft grant back obligations broadly, including rights in patents, data, know-how, cell lines, and other enhancements to the upstream inventions.

The MPP has an announcement here: https://medicinespatentpool.org/news-publications-post/who-and-mpp-announce-agreement-with-nih-for-covid-19-health-technologies

 

The availability for license of several inventions was announced here: : 

https://www.federalregister.gov/documents/2021/05/24/2021-10818/government-owned-inventions-availability-for-licensing

https://www.federalregister.gov/documents/2021/11/04/2021-24028/government-owned-inventions-availability-for-licensing 

https://www.federalregister.gov/documents/2021/01/15/2021-00825/government-owned-inventions-availability-for-licensing 

https://www.federalregister.gov/documents/2020/10/01/2020-21708/government-owned-inventions-availability-for-licensing 

https://www.federalregister.gov/documents/2021/04/06/2021-06997/government-owned-inventions-availability-for-licensing