"Using IP Agreements to promote the objectives of Public Private Partnerships in developing affordable products for developing countries"

Warren Kaplan, Boston University

The study will review the uses and public health implications of available license and other agreements negotiated between public private partnerships (PPP) and owners of IP and/or non-patented technology. The scope of the exercise will be to provide a practical review of these legal documents in order to see if the language in these agreements promotes the objectives of the PPP in providing products that are as affordable as possible for developing countries. The study will provide a review of the legal documents and include a summary of the legal landscape of these agreements to the extent the contract language might promote the objectives of the PPP in providing products that are as affordable as possible for developing countries. It will suggest what should be included in such agreements that is not already contained, which will include a discussion of potential IPR "traps for the unwary" that are generic to this type of legal arrangement and to the nature of IP management that PPPs require.

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