The World Health Organization Clause Samples
This clause defines the role or involvement of the World Health Organization (WHO) within the context of the agreement. It typically clarifies the WHO's authority, responsibilities, or the standards it sets that may be referenced or required for compliance. For example, the clause might specify that certain health guidelines or protocols must align with those established by the WHO, or that the WHO serves as a reference point for international health standards. The core function of this clause is to ensure that parties adhere to globally recognized health practices and to provide a clear, authoritative benchmark for health-related matters within the agreement.
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The World Health Organization. The World Health Organization has been conscious of the challenge posed by mega-regional agreements such as the TPP to global public health. Addressing the UN Economic and Social Council, ▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇ was concerned about the impact of private stakeholders on public health.213 She warned: ‘‘[t]he 211 ▇▇▇▇ ▇▇▇▇▇▇▇, ‘‘TPP Implementation, and ▇▇▇▇▇’s 2017 Budget Proposal to Reduce the Period of Biologics Exclusivity in the U.S.” ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (9 February 2016), online: <▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/archives/35735>. 212 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ‘‘TPP: Australia Wants to Steal US Medicine Patents, Senator ▇▇▇▇▇ ▇▇▇▇▇ Says” ABC News (15 July 2016), online: <http:// ▇▇▇.▇▇▇.▇▇▇.▇▇/▇▇▇▇/▇▇▇▇-▇▇-▇▇/▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇-▇▇-▇▇▇▇▇-▇▇▇- to-steal-patents/7629740> and ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ‘‘TPP: ▇▇▇▇▇ ▇▇▇▇▇ Dismisses Concerns Over Deal Amid Opposition from Key US Senator ▇▇▇▇▇ ▇▇▇▇▇” ABC News (15 July 2016), online: <▇▇▇▇://▇▇▇.▇▇▇.▇▇▇.▇▇/▇▇▇▇/ 2016-07-15/▇▇▇▇▇▇-▇▇▇▇▇-dismisses-concerns-over-tpp-amid-us-opposition/ 7631490>. 213 ▇▇▇▇▇▇▇▇ ▇▇▇▇, ‘‘The Changing Development Landscape: What Will It Mean 322 INTELLECTUAL PROPERTY JOURNAL [29 I.P.J.] influence of stakeholders, especially the private sector, in multiple sectors is growing very rapidly at a time when the institutional and regulatory capacity of many countries remains weak.”214 Chan observed that ‘‘[i]n the absence of adequate legislation, human and regulatory capacity, the private sector takes on an enlarged role, with little control by the government over the quality and costs of the services being provided.”215 She expressed worry that ‘‘the vital role of government in protecting the public interest is diminished.”216 ▇▇▇▇ commented: ‘‘[i]n one especially alarming trend, provisions for the settlement of investor-state disputes are being used to handcuff governments and restrict their policy space.”217 She concluded that ‘‘[w]hen private economic operators have more say over domestic affairs than the policies of a sovereign government, we need to be concerned.”218 In May 2014, ▇▇. ▇▇▇▇ reiterated such concerns in an address to the Sixty-Seventh World Health Assembly.219 She observed that ‘‘[i]nternational trade has many consequences for health, both positive and negative.”220 ▇▇▇▇ was worried: ‘‘[o]ne particularly disturbing trend is the use of foreign investment agreements to handcuff governments and restrict their policy space.”221 She noted that ‘‘[s]ome Member States have expressed concern that trade agreeme...
The World Health Organization. (i) The Parties acknowledge that TOPOTARGET has transferred HDAC Inhibitors to the World Health Organization (“WHO”) pursuant to a letter dated as of March 28, 2003 (the “WHO Agreement”), and that pursuant to such WHO Agreement, WHO may desire to obtain rights to certain HDAC Inhibitors for use in the field of malarial diseases (the “WHO Field”). The Parties hereby agree that notwithstanding anything herein to the contrary, the rights granted to CURAGEN by TOPOTARGET hereunder, including without limitation any grant of “exclusive” rights, shall be subject to any of TOPOTARGET’s obligations to WHO, and any rights granted to WHO, under the WHO Agreement; provided, however, that CURAGEN shall have the right to approve in advance the terms and conditions of any license to be granted to WHO regarding the use of HDAC Inhibitors in the WHO Field (such approval to not be unreasonably withheld), and that TOPOTARGET shall pay to CURAGEN [******(*****)] of any consideration received by TOPOTARGET under any such license, received by TOPOTARGET under any such license, net of TOPOTARGET’s fully-burdened labor costs for any collaborative research or development activities required to be performed by TOPOTARGET pursuant to any such license and its out-of-pocket expenses related to the granting of such license, which payments shall be made within thirty (30) days of receipt of any such consideration.