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government contractually defined “unlimited rights” to use, reproduce, and share knowledge funded under the contract. In exchange, Moderna agreed to share knowledge of its manufacturing process with HHS and agreed to give the U.S. The contract, executed in April 2020, provided Moderna with hundreds of millions of dollars to build its manufacturing capacity. One key contract between Moderna and HHS gives HHS-and President Biden-“unlimited rights” in knowledge generated by Moderna using government funding. As Moncef Slaoui, former head of Operation Warp Speed, said last year, HHS “held Moderna by the hand on a daily basis” throughout the entire process. And HHS funded Moderna’s scale-up and scale-out of manufacturing. HHS paid for all, and ran many of, the clinical trials that proved that the vaccine is safe and effective. One of HHS’s constituent agencies, the National Institutes of Health (NIH), co-invented the vaccine with Moderna. How did HHS come to hold vital information on Moderna’s vaccine recipe, and the legal right to share it? HHS invested more than 1 billion dollars in the development of “Moderna’s” vaccine, and its scientists were involved at every step of the way. That means President Biden could share this valuable information with the WHO- which has asked for it-and with vaccine manufacturers with whom HHS chooses to partner. government also has legal authority to disclose the information to whomever it pleases. government possesses the “recipe” for Moderna’s vaccine. As Public Citizen showed in a recent report authored by one of us (ZR), the Department of Health and Human Services (HHS) holds detailed information on how Moderna makes the coronavirus vaccine, including the exact amounts of every ingredient in each vial and step-by-step instructions on manufacturing and testing. government is uniquely positioned to step in. For example, a World Health Organization (WHO)-backed effort to make the Moderna vaccine in Africa has been held up by Moderna’s refusal, so far, to help.

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Although eager to produce more vaccines, manufacturers around the world have been unable to learn how to do so fast enough. To date, low-income countries have been able to administer only 1.5 vaccine doses for every 100 people, and only 2 percent of vaccine doses administered globally have been administered in Africa. This need is most acute in the Global South. It is undisputed that the world desperately needs billions more vaccine doses. government already holds on how to make more vaccines. Yet, while calling on other countries to do more, he has neglected a critical, legal, and simple step that he-and he alone-can take: disclosing information the U.S. To supplement American donations, he is asking other countries to commit doses and dollars. Today, President Biden is convening world leaders for a COVID-19 vaccine summit.











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