In the particular case of the South African Hub, due diligence has identified the existence of patents on the mRNA technology granted to Moderna, and the Medicines Patent Pool and Moderna have subsequently initiated discussions. Moreover, the patent law in South Africa contains a provision (like the so-called Bolar exemption in the USA) authorizing research and development activities in the country, regardless of any patent situation. In addition, Moderna has publicly committed the following: Beyond Moderna’s vaccine, there are other COVID-19 vaccines in development that may use Moderna-patented technologies. We feel a special obligation under the current circumstances to use our resources to bring this pandemic to an end as quickly as possible. Accordingly, while the pandemic continues, Moderna will not enforce our COVID-19 related patents against those making vaccines intended to combat the pandemic. Further, to eliminate any perceived IP barriers to vaccine development during the pandemic period, upon request we are also willing to license our intellectual property for COVID-19 vaccines to others for the post pandemic period.
More information on the mRNA vaccine Technology Transfer Hub
More information on MPP’s contribution to the global response to COVID-19