[Ip-health] KEI Letter to Speaker Pelosi Regarding Use of “Other Transaction Authority” (OTA) in Coronavirus Bill to Escape Bayh-Dole Public Interest Safeguards

Claire Cassedy claire.cassedy at keionline.org
Mon Mar 23 12:44:40 PDT 2020


https://www.keionline.org/32530

KEI Letter to Speaker Pelosi Regarding Use of “Other Transaction Authority”
(OTA) in Coronavirus Bill to Escape Bayh-Dole Public Interest Safeguards

Posted on March 23, 2020 by KEI Staff

On March 23, 2020, Knowledge Ecology International (KEI) sent a letter to
US House of Representatives Speaker Nancy Pelosi regarding concerning
provisions in the current draft of the Senate version of the coronavirus
funding bill (H.R. 748). The draft bill proposes to expand the authority of
the Biomedical Advanced Research and Development Authority (BARDA) to use
“Other Transaction Authority” (OTA) for R&D funding agreements. Agencies
such as the Department of Health and Human Services have expressed the
position that OTA agreements are not subject to the safeguards of the
Bayh-Dole Act, and expanding OTA in this instance (and in general) would
take away critical safeguards to the public’s investments in biomedical R&D.

KEI’s letter to Speaker Pelosi asks that they ensure that the public’s
investment in biomedical R&D is protected by stipulating that any funding
agreements related to the coronavirus pandemic are subject to the public
interest protections in the Bayh-Dole Act, including but not limited to the
government’s royalty free right in the inventions, the march-in right and
the obligation to make patented inventions available to the public on
reasonable terms.

A copy of KEI’s letter to Speaker Pelosi is available here:
https://www.keionline.org/wp-content/uploads/KEI-Letter-to-Speaker-Pelosi-Regarding-OTA.pdf


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