[Ip-health] Amendments to the Pool/Gilead Licences made in November 2011

Kaitlin Mara kmara at medicinespatentpool.org
Tue Nov 22 11:40:07 PST 2011

Dear friends,

The Medicines Patent Pool and Gilead agreed in November 2011 to amend the
licences they signed in July 2011 in order to clarify two issues raised in
civil society feedback on the agreement.

The first amendment relates to what some groups felt was an ambiguity
regarding the covenant not to sue on emtricitabine (FTC) in the event that
a licensee terminates the tenofovir (TDF) portion of the licence.

The amendment makes clear that even in the event of a TDF termination, the
covenant not to sue on TDF/FTC combination survives. This means that
licensees that choose to terminate the TDF portion of the licence can
continue to manufacture combinations containing TDF and FTC in at least
112 countries without Gilead asserting its patent rights on FTC.

The second amendment clarifies the right of a licensee to supply a country
outside the Licensed Territory in the event of a compulsory licence. The
previous requirement that Gilead and the licensee be in agreement
regarding the existence, scope and content of the compulsory licence has
been removed. This clarifies the right of any Pool licensee to supply
outside of the licensed territory where a compulsory licence has been

The full, signed text of the amendment is available here:
Or using this shortened URL:

This is the second amendment to the Gilead-Pool agreement. The first
amendment added South Sudan to the Licensed Territory when the Republic
was created in July 2011.

More information on the licences is available from the Pool's website
here: http://www.medicinespatentpool.org/LICENSING/Current-Licences#In

Kaitlin Mara | Communications Manager | Medicines Patent Pool
direct: +41 22 791 6344 | mobile: +41 79 825 4786 |
kmara at medicinespatentpool.org

Website: http://www.medicinespatentpool.org
Twitter: http://twitter.com/MedsPatentPool
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