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Procedure for assessing the acceptability, in principle, of vaccines ...

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identify<strong>in</strong>g <strong>the</strong> confidential <strong>in</strong><strong>for</strong>mation <strong>in</strong> question. Notwithstand<strong>in</strong>g <strong>the</strong> above,<br />

WHO and its expert team members will treat all <strong>in</strong><strong>for</strong>mation submitted to <strong>the</strong>m ei<strong>the</strong>r<br />

as written documents or dur<strong>in</strong>g site audits as confidential, <strong>in</strong> accordance with <strong>the</strong><br />

terms set out here.<br />

WHO will treat any <strong>in</strong><strong>for</strong>mation conta<strong>in</strong>ed <strong>in</strong> <strong>the</strong> product summary file (Appendix 1)<br />

and <strong>in</strong><strong>for</strong>mation disclosed dur<strong>in</strong>g site audits as confidential and proprietary to <strong>the</strong><br />

manufacturer. In this connection, WHO will take all reasonable measures to ensure (a)<br />

that <strong>the</strong> confidential <strong>in</strong><strong>for</strong>mation is not used <strong>for</strong> any o<strong>the</strong>r purpose than <strong>the</strong><br />

(re)assessment procedure described <strong>in</strong> this document, and (b) that <strong>the</strong> confidential<br />

<strong>in</strong><strong>for</strong>mation is not disclosed or provided to any person who is not bound by similar<br />

obligations <strong>of</strong> confidentiality and non-use.<br />

WHO and/or its expert team members will not, however, be bound by any obligations<br />

<strong>of</strong> confidentiality and non-use to <strong>the</strong> extent <strong>the</strong>y are clearly able to demonstrate that<br />

any part <strong>of</strong> <strong>the</strong> confidential <strong>in</strong><strong>for</strong>mation:<br />

− was known to <strong>the</strong>m prior to any disclosure by <strong>the</strong> manufacturer; or<br />

− was <strong>in</strong> <strong>the</strong> public doma<strong>in</strong> at <strong>the</strong> time <strong>of</strong> disclosure by <strong>the</strong> manufacturer; or<br />

− has become part <strong>of</strong> <strong>the</strong> public doma<strong>in</strong> through no fault <strong>of</strong> WHO and/or any<br />

<strong>of</strong> its expert team members; or<br />

− has become available to WHO and/or any <strong>of</strong> its expert team members from<br />

a third party not <strong>in</strong> breach <strong>of</strong> any legal obligations <strong>of</strong> confidentiality to <strong>the</strong><br />

manufacturer.<br />

In connection with <strong>the</strong> above, WHO requires all experts to sign <strong>the</strong> confidentiality<br />

agreement attached as Appendix 5 prior to tak<strong>in</strong>g up <strong>the</strong>ir responsibilities <strong>for</strong> WHO.<br />

16 Conflict <strong>of</strong> <strong>in</strong>terest<br />

The team <strong>of</strong> experts selected <strong>for</strong> a specific evaluation process <strong>in</strong>cludes experts <strong>in</strong> <strong>the</strong><br />

fields <strong>of</strong> production, quality control/quality assurance, quality system, cl<strong>in</strong>ical<br />

evaluation and GMP. These experts are selected by WHO and act as WHO temporary<br />

advisers or consultants. Prior to <strong>for</strong>maliz<strong>in</strong>g arrangements with such experts, WHO<br />

will also require <strong>the</strong>m to complete <strong>the</strong> WHO declaration <strong>of</strong> <strong>in</strong>terests which is attached<br />

37

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