This Global Access Policy articulates the core principle of the RIGHT Foundation to achieve our charitable objectives through an approach known as Global Access. “Global Access” means (i) all information and knowledge gained from grants, projects or other investments funded by the RIGHT Foundation (collectively “Projects”) should be promptly and broadly disseminated; and (ii) products, data and other innovations resulting from Projects should be made available and accessible in terms of price, quantity, quality, and timeframe so as to benefit our intended beneficiaries. The Global Access Policy is further implemented by the Data Access Policy and the Product Access Policy as set forth below.
1. Data Access Policy
This Data Access Policy and its principle apply to new data generated through activities invested by the RIGHT Foundation (as well as existing data to the extent necessary to access and use such new data), including but not limited to, those related to the discovery, development, and/or delivery of healthcare technologies.
All data and the process of access thereto will be transparent and clearly defined with the aim to ensure data quality, security, and equitable access. All new data and findings gained by Projects (and any existing data and findings necessary to access and use such new data and findings of Projects) will be disclosed in a broad and prompt manner in order to optimize prospects for their translation in the global advancement of new healthcare technologies. Awardees and Project participants should utilize public-access repositories and, if unavailable, should use alternatives for access that can ensure the transmission of new scientific findings to the larger research and development community globally.
Respect must be given to individuals and communities from or about whom data are collected. Respect must also be given to all matters of confidentiality and attribution as they pertain to researchers, evaluators, and their collaborators. Such confidentiality, privacy and respect should be fully recognized where necessary or required by law or regulation.
Any and all existing data and findings owned by awardees and Project participants at the initiation of a Project, including but not limited to information, know-how or intellectual property, will remain that of the original holder. The original holder may share, assign, or license their rights to a third party.
Ownership of any and all data and findings that are obtained or created through activities invested by the RIGHT Foundation and that can be applied for any intellectual property rights (“IP rights”) will be determined based on discussions and negotiations between awardees and Project participants. All final agreements shall be in alignment with the licensing and pricing principles outlined in the Data Access Policy and the Product Access Policy.
Awardees and Project participants may apply for and maintain IP rights to developments of Projects. The RIGHT Foundation shall not take ownership of IP rights to funded developments; provided that the RIGHT Foundation will be entitled to royalty-free, irrevocable and worldwide licenses to access and use IP rights to funded developments (as well as background IP rights to the extent necessary to access and use IP rights to funded developments) on a case by case basis in alignment with a product specific business strategy for ensuring supply, pricing and partnerships needed to achieve the objectives of Projects. In those cases where the RIGHT Foundation is granted a license of IP rights hereunder, it does so to ensure that either the RIGHT Foundation or a sub-licensee has the IP rights necessary for the development, manufacture, and distribution of funded developments to achieve Global Access.
2. Product Access Policy
This Product Access Policy and its principle apply to products funded by the RIGHT Foundation, where such products refer to healthcare technologies approved for market by a national regulatory authority.
When awardees and Project participants are successfully granted a patent deriving from Projects, awardees and Project participants will grant royalty-free, irrevocable and worldwide licenses to users operating for the benefit of the public market in Least Developed Countries (LDCs) as categorized by the United Nations classification and Low-Income Countries (LICs) categorized by the World Bank classification and/or GAVI qualified countries. Awardees and Project participants may also grant such license with respect to Lower-Middle-Income Countries (LMICs) categorized by the World Bank classification with further discussions with the RIGHT Foundation, if it is mutually deemed beneficial or necessary in furtherance of the charitable objectives of Projects.
In LDCs and LICs, awardees and Project participants will set affordable prices in public market for products that enable access to the product for patients and citizens of LDCs and LICs. Awardees and Project participants may implement tiered pricing for middle income countries where it is mutually deemed beneficial or necessary in furtherance of the charitable objectives of Projects.
The RIGHT Foundation, and awardees and project participants may have a good faith negotiation with a relevant 3rd party to ensure sufficient supply of the funded products to LDCs, LICs and where otherwise applicable.