1.1 Data shall mean any data and information available in the Resource Platform including but not limited to: raw data, assets, member profiles, numbers, characters, images, names, trademarks, logos, 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 Resource Platform is intended to be of potential use for, or application in, research and development (R&D) in the field of neglected tropical diseases (NTDs), malaria and tuberculosis. NTDs are listed in Annex 2 of the WIPO Re:Search Guiding principles and include: 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, onchocerciasis, podoconiosis, rabies, schistosomiasis, snakebite, soil transmitted helminthiasis, trachoma. For the purpose of these Terms and Conditions, references to "NTDs" are meant to refer also to malaria and tuberculosis.
1.3 WIPO Re:Search members include providers, users and supporters (as defined by the WIPO Re:Search Guiding Principles) who agreed to abide by the WIPO Re:Search Guiding Principles via the relevant facility on the WIPO Re:Search website or in writing to the Secretariat.
1.4 As used below, the terms "interested party or "interested parties" means any non-member individual or organization, who accesses, browses and/or uses the data from WIPO Re:Search and the Resource Platform.
1.5 Interested parties searching the Resource Platform must (unless otherwise specified in the listing of a specific entry) contact the Partnership Hub (defined at 1.7 below) of WIPO Re:Search in order to obtain more information related to any data from, or request initial contact with, any member.
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 (BVGH) 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 WIPO Re:Search members, authorized by the system administrators, can submit and upload data.
1.9 Only WIPO Re:Search members, authorized by the system administrators, may edit their respective data. WIPO Re:Search members should review and update their data regularly.
1.10 "System administrators" of the Resource Platform shall be limited to authorized employees of the WIPO Re:Search Secretariat and/or the Partnership Hub, and, with respect to technical issues, any IT provider(s) tasked with maintenance of the Resource Platform.
All public data can be accessed without registration.
3.1 Interested parties searching the Resource Platform do not need to register in order to:
(a) contact the Partnership Hub
(b) subscribe to e-mail alerts
(c) search the Resource Platform
3.2 Members need to register for a WIPO account in order to submit data for publication in the Resource Platform.
3.3 Through registration for a WIPO Account, a member user will create a username and password. The system administrator will associate the WIPO account with the WIPO Re:Search member organization he/she is affiliated with. A member user agrees that his/her registration information at all times correctly represents his/her professional affiliation with a WIPO Re:Search member organization and ability to transact business on behalf of said organization. A Member user may not use a username assigned to another entity or person. A member user may not disclose or share his/ her username and password for any unauthorized purposes. A member user further agrees to notify WIPO at firstname.lastname@example.org of any unauthorized disclosure of his/her username or password. A member user is responsible for maintaining the confidentiality of his/her password.
3.4 A member user shall notify WIPO of any changes of his/her contact information for assets provided, as soon as reasonably possible.
3.5 The WIPO Re:Search Secretariat reserves the right to deny, at its sole discretion, any member user registration to the Resource Platform.
4.1 A member 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 Members will not be able to modify data from another member.
WIPO allows interested parties to access and make use of the information contained in the Resource Platform under the conditions described herein and within the framework of the "Fair Use"(see below at 6.), "System Integrity" (see below at 7.) and other policies outlined in the present Terms and Conditions for the Use of the WIPO Re:Search Resource Platform.
6.1 WIPO allows interested parties to access, download individual entries, and/or use the information in the Resource Platform 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 unless explicitly authorized by the WIPO Re:Search Secretariat.
6.3 Members and 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, members and 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 Resource Platform 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 Resource Platform knows, or should reasonably know, cannot be legally distributed in such a manner.
6.4 WIPO may notify any member of Resource Platform activity or publish a warning message to protect any member.
6.5 WIPO reserves the right to block access for abusive use of the Resource Platform.
Interested parties agree not to use any device, software or routine to interfere with the proper working of the Resource Platform 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.
The website or the Resource Platform may be unavailable from time to time for scheduled maintenance or due to unforeseen circumstances.
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 Resource Platform is at the interested party’s sole risk.
9.3 WIPO cannot guarantee the accuracy and integrity of the data contained in the Resource Platform.
9.4 A member is solely responsible for the content and accuracy of the information that he/she uploads onto the Resource Platform. Members may update, modify, suspend or withdraw uploaded data at any time and without providing notice to any interested party(ies). Any data submission requires authorization by a system administrator prior to publication.
9.5 For the purpose of maintaining and protecting the integrity of the Resource Platform, WIPO reserves the right to discontinue at any time the posting of any or all of the data contained in the Resource Platform.
10.1 Interested parties may have the opportunity to communicate with members 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 members 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 members and interested parties according to the WIPO Re:Search Guiding Principles. WIPO does not make any warranty for the conclusion of agreements.
10.4 Members are responsible for compliance with all applicable laws and regulations regarding the data submitted to the Resource Platform.
11.1 Any intellectual property rights, including but not limited to patents, trademarks, copyright, and trade secrets referenced in the Resource Platform, and information displayed or contained in the Resource Platform and any part thereof are the property of the member who uploaded the data.
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 Resource Platform.
11.3 The data contained in the Resource Platform is made available without warranties of any kind. WIPO and member users 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 Resource Platform, including that of WIPO, WIPO Re:Search and the members, unless expressly granted such rights by the owners thereof.
Any information supplied to WIPO Re:Search Resource Platform may be used by WIPO for internal reporting purposes.
WIPO reserves the right to modify these Terms and Conditions for the Use of the Resource Platform at any time, in consultation with, and approval by, the Governance Committee of WIPO Re:Search. Any revised Terms and Conditions for the Use of the Resource Platform will be posted on the Resource Platform website. Modifications shall take effect immediately following posting of the new Terms and Conditions for the Use of the Resource Platform.
WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to members 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 Resource Platform.
Nothing in, or relating to, these Terms and Conditions for the Use of the Resource Platform shall be deemed a waiver of any of the privileges and immunities of WIPO in conformity with the Convention on the Privileges and Immunities of the Specialized Agencies approved by the General Assembly of the United Nations on November 21, 1947 and with the provisions of the Agreement between the Swiss Federal Council and WIPO to determine the organization’s juridical status in Switzerland of December 9, 1970, and of the Implementation Arrangement of the same date related thereto.
16.1 Any dispute, controversy or claim between WIPO and members or interested parties arising out of, or relating to, the use of the Resource Platform, 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 among or between members and/or between interested parties.