Avgi.gr brings to light a large part of the uncensored text of the contract of the pharmaceutical company AstraZeneca with the European Commission.
The EU Commission published the contract in a censored form as there are no significant points of the agreement such as the price and the number of installments, as these are considered “sensitive data” for the sake of maintaining enterprise competition.
Avgi.gr has concluded that the contract has a special provision for the patents and IP licences of the vaccine, which are maintained by AstraZeneca, until the abandonment of the contract. In other words, the Commission could have negotiated different terms regarding the ownership of the vaccine.
That is why the proposal of Alexis Tsipras that the EU should take over patents to facilitate the production of vaccines is important and timely. The proposal made by leader of SYRIZA and leader of the opposition in Greece, was adopted by the Council of Europe as a proposal of the Left.
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Some very interesting points
(11.2) IP Rights Following Abandonment. The Commission, or any third party designated by the Commission, shall have the right to obtain a license or sublicense from AstraZeneca for the Vaccine IP Rights to the extent reasonably necessary to enable the ...
(7.4 b) To the extent that the total Cost of Goods exceed the estimated amount of 870 million Euros by less than 20%, AstraZeneca shall provide an updated purchase and payment schedule to the Commission, which shall state the delivery schedule of the Init...
(7.7) . Late Payments. In the event the Commission or the Participating Member States fail to pay any amount payable under this Agreement or the Order Form within twenty (20) days of the due date for any such payment, without prejudice to any other right...
(7.2) (b The Commission shall pay to AstraZeneca one-third of the Initial Funding (second Installment) within twenty (20) days following the receipt from AstraZeneca of relevant evidence of the use of the first Installment and a relevant progress report of...
(7.3) . Subsequent Funding. The Participating Member States shall pay the Fill/Finish/Packaging Costs, storage and distribution costs of the Vaccine, destruction for any material produced at risk, and costs and expenses directly incurred for, or fairly ...
(9.3) Additional Doses. AstraZeneca shall provide any agreed Additional Doses at Cost of Goods until 1 July 2021, unless AstraZeneca determines in good faith that the COVID-19 Pandemic has not ceased as of 1 July 2021, in which case AstraZeneca shall p...
(11.1) Ownership. The Commission acknowledges that AstraZeneca has pre-existing obligations to its upstream licensor and throughout the term of this Agreement, may incur obligations to its CMOs and other contractors in respect of patents, know-how and ...
(11.2) IP Rights Following Abandonment. The Commission, or any third party designated by the Commission, shall have the right to obtain a license or sublicense from AstraZeneca for the Vaccine IP Rights to the extent reasonably necessary to enable the ...
