[Ip-health] Section 10.3(d) of the Gilead HCV license

Jamie Love james.love at keionline.org
Thu Oct 2 15:54:46 PDT 2014


This is what the Gilead license says, as regards exports from India to a
country that issues a compulsory license.



Jamie




10.3(d)

For further clarity, and notwithstanding anything to the contrary in this
Agreement, it shall not be deemed to be a breach of the Agreement for
Licensee to supply an API or Product outside the Territory into a country
where: (i) the government of such country has issued a Compulsory License
relating to such API or Product allowing for the importation of such API or
Product into such country, provided that Licensee's supply of Product or
API into such country is solely within the scope and geographic range of
such Compulsory License and only for the duration that such Compulsory
License is in effect; and/or (ii) the Government of India has issued a
Compulsory License allowing for the export of an API or Product from India
and into such country, provided that: (Y)(1) there are no Product Patents
owned or controlled by Gilead (or its Affiliates) issued in such country or
(2) a Compulsory License has also been issued by the relevant authorities
of such country; and (Z) Licensee's supply of Product or API into such
country is solely within the scope and geographic range of the Compulsory
License issued by the Government of India, and only for the duration that
such Compulsory License is in effect.


-- 
James Love.  Knowledge Ecology International
http://www.keionline.org/donate.html
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love



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