1. Definitions and Scope of the WIPO Re:Search Database (the Database)
1.1 Data shall mean any data and information available in the Database including but not limited to: raw data, numbers, characters, images, names, trademarks, logo, files, text, keywords, summary, links, research tools, drugs, technology platforms, chemicals, structures, description of intellectual property rights, know-how, knowledge, procedures, goods, materials, services, equipment as well as organizational and managerial procedures.
1.2 Data considered for inclusion in the Database is intended to be of potential use for or application in R&D in the field of Neglected Tropical Diseases (including malaria and tuberculosis). These are: Buruli Ulcer, Chagas disease (American trypanosomiasis), Cysticercosis, Dengue/dengue hemorrhagic fever, Dracunculiasis (guinea-worm disease), Echinococcosis, Endemic treponematoses (Yaws), Foodborne trematode infections (Clonorchiasis, Fascioliasis, Opistorchiasis, Paragonimiasis), Human African trypanosomiasis, Leishmaniasis, Leprosy, Lymphatic filariasis, Malaria, Onchocerciasis, Podoconiosis, Rabies, Schistosomiasis, Snakebite, Soil transmitted helminthiasis, Trachoma, and Tuberculosis, together referred to as “NTDs”.
1.3 Provider(s) shall mean organizational, institutional, or corporate entity(ies) who contribute Data to WIPO Re:Search for license or use
1.4 As used below, the terms ‘interested party’ or ‘interested parties’ shall mean anyone, individual or organization, who accesses, browses and/or uses the Data from WIPO Re:Search.
1.5 Individual or organizations searching the Database, i.e., interested parties, must (unless otherwise specified in the listing of a specific entry) contact the Partnership Hub (defined below) of WIPO Re:Search in order to obtain more information related to Data from Provider.
1.6 Consortium shall mean the collective member organizations of WIPO Re:Search.
1.7 Partnership Hub shall mean the component of the Consortium managed by the Partnership Hub Administrator which shall be BIO Ventures for Global Health or any subsequent competent entity, in cooperation with WIPO, where interested parties can learn about the Consortium, available licensing and research collaboration opportunities, networking possibilities, or funding options.
1.8 Only Providers can submit and upload Data. Interested parties may request initial contact with Providers via the Partnership Hub, subscribe to e-mail alerts and search the Database.
1.9 No one accessing or searching the Database shall have any right to edit the Database nor to modify any of its contents.
2. Publicly available information
2.1 All Data can be accessed without registration.
3.1 Interested parties searching the Database do not need to register in order to:
(a) contact the Partnership Hub
(b) subscribe to e-mail alerts
(c) search the Database
3.2 Providers need to register in order to submit and upload Data into the Database.
3.3 Through registration, Provider will receive a username and password. Provider agrees that his/her registration information at all times correctly represents his/her professional affiliation and ability to transact business. Provider may not use the username assigned to another entity or person. Provider may not disclose or share his/ her username and password for any unauthorized purposes. Provider agrees to notify WIPO at firstname.lastname@example.org of any unauthorized disclosure of his/her username or password. Provider is responsible for maintaining the confidentiality of his/her password.
3.4 Provider shall notify WIPO of any changes of his/her contact information for assets provided as soon as reasonably possible.
3.5 The Secretariat of WIPO Re:Search reserves the right to deny, at its sole discretion, any Provider registration to the Database.
4. Provider Rights and Obligations
4.1 Provider will determine, at its own discretion, what Data he/she wishes to make available and license, subject to the WIPO Re:Search Guiding Principles, in order to allow research, development, use and/or manufacture of products and/or services.
4.2 Provider will not be able to modify Data from another Provider.
6. Fair Use
6.1 WIPO allows interested parties to access, download individual entries and/or use the information in the Database for internal use and evaluation purposes only under the conditions described herein.
6.2 Bulk downloading and automated querying, via third party tools, websites or otherwise, are not permitted.
6.3 Providers and other interested parties agree to use the information to send messages and materials that are proper and related to the particular posting. By way of example and not as a limitation, Providers and other interested parties agree that they shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
(c) Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the interested party owns or controls the rights thereto or has received all consents therefore as may be required by law;
(d) Knowingly upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer or the Database or delete content;
(e) Delete any attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(f) Falsify the origin or source of software or other material contained in a file that is uploaded;
(g) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another interested party that anyone accessing the Database knows, or should reasonably know, cannot be legally distributed in such a manner.
6.4 WIPO may notify any Provider of Database activity or publish a warning message to protect any Provider of the Database.
6.5 WIPO reserves the right to block access for abusive use of the Database.
7. System Integrity
7.1 Interested parties agree not to use any device, software or routine to interfere with the proper working of the website or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, Data or personal information. Interested parties agree not to take any action that imposes an unreasonable load on WIPO’s infrastructure.
8. Level of Service
8.1 The website or the Database may be unavailable from time to time for scheduled maintenance or due to unforeseen circumstances.
9. Responsibility for Content
9.1 WIPO is responsible for the accurate and complete reproduction of the Data, but bears no responsibility for the content. WIPO does not control or endorse the accuracy of the content of information, ownership or availability of technologies listed, nor the identities of any interested parties.
9.2 The use of the Database is at the interested party’s sole risk.
9.3 WIPO cannot guarantee the accuracy and integrity of the Data contained in the Database.
9.4 Provider is solely responsible for the content and accuracy of his/her information uploaded onto the Database. Provider is allowed to update, modify, suspend or withdraw its uploaded Data at any time and without notice to any interested party (ies).
9.5 For the purpose of maintaining and protecting the integrity of the Database, WIPO reserves the right to discontinue at any time the posting of any or all of the Data contained in the Database.
10. Agreements between Provider and Interested Parties
10.1 Interested parties may have the opportunity to communicate with Provider via the Partnership Hub and/or the provided contact details.
10.2 WIPO is not responsible for the communications and content thereof between or among Database Providers and/or interested parties, and such communications shall not be considered to have been reviewed, screened or approved by WIPO.
10.3 Licenses will be governed by individually-negotiated agreements between Provider and interested parties according to the Guiding Principles of WIPO Re:Search. WIPO does not make any warranty for the conclusion of agreements.
10.4 Provider is solely responsible for compliance with all applicable laws and regulations regarding the Data it submits to the Database.
11. Intellectual Property Rights
11.1 Any intellectual property rights, including but not limited to patents, trademarks, copyright, and trade secrets referenced in the Database, and information displayed or contained in the Database and any part thereof are the property of Provider.
11.2 Except as expressly permitted, interested parties are not allowed to reproduce, sell, publish, distribute, modify, display or otherwise use any protected content or part thereof contained in the Database.
11.3 THE DATA CONTAINED IN THE DATABASE IS MADE AVAILABLE WITHOUT WARRANTIES OF ANY KIND. WIPO AND PROVIDER EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY OR TOPICALITY, AND VALIDITY OF ANY PATENT OR PATENT CLAIM IN ANY JURISDICTION.
11.4 Interested parties do not have the rights to use the name, logo or other protected markings that appear in the Database, including that of WIPO, WIPO Re:Search and the Providers, unless expressly granted such rights by the owners thereof and subject to applicable trademark law.
12. WIPO Internal Reporting
12.1 Any information supplied to WIPO Re:Search Database may be used by WIPO for internal reporting purposes.
13. Applicability of these Terms and Conditions
14. Liability and Force Majeure
14.1 WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to Provider or interested parties, including, but not limited to, losses of business, revenue or profits, as a consequence of using any of the Data contained in the Database.
15. Privileges and immunities
16. Settlement of Disputes between WIPO and Providers or Interested Parties of the Database
16.1 Any dispute, controversy or claim between WIPO and interested parties arising out of or relating to the use of the Database, that cannot be resolved by negotiation shall be submitted to conciliation in accordance with the UNCITRAL Conciliation Rules. The place of conciliation shall be Geneva, Switzerland. The language to be used in the conciliation shall be English or French. If, and to the extent that any such dispute, controversy or claim has not been settled pursuant to the conciliation within sixty (60) days of the commencement of the conciliation it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the UNCITRAL Arbitration Rules in force at that time. There shall be a sole arbitrator. The place of arbitration shall be Geneva, Switzerland. The language to be used in the arbitral proceedings shall be English or French.
16.2 WIPO shall not have any responsibility, obligation or liability whatsoever with respect to any disputes between Providers and/or between interested parties.