Comparative Compulsory License Legal Researcher

Posted by

International Treatment Preparedness Coalition (ITPC)

Published 16 days ago

September 30, 2020
September 25, 2020


The International Treatment Preparedness Coalition (ITPC) is a global coalition of PLHIV and community activists working to achieve universal access to optimal HIV, HCV and TB treatment of those in need. Formed in 2003 by a group of 125 HIV activists from 65 countries at a meeting in Cape Town, ITPC actively advocates for treatment access in eight regions across the globe. ITPC believes that the fight for treatment remains one of the most significant global social justice issues. 

The project Use of TRIPS Flexibilities to Increase Affordability of Treatment for HIV, Tuberculosis and Hepatitis C Virus in Middle-income Countries aims to address a critical gap in the global HIV response: access in some LMICs and in UMICs to newer, optimized antiretrovirals (ARVs) for preventing and treating HIV. Access to newer medicines that can cure tuberculosis (TB) and hepatitis C virus (HCV), two common, dangerous coinfections, among people living with HIV, is also necessary.  Optimized ARVs are essential to reaching global HIV treatment targets, enacting the WHO ‘treat all’ recommendation and addressing the growing threat of resistance to non-nucleoside reverse transcriptase inhibitors (NNRTIs), which are widely used in first-line treatment. In light of ongoing COVID-19 pandemic ensuring affordability of potential COVID-19 treatments in middle-income countries is important component of global response.

Research will be conducted to better understand the local context to inform national strategies and build arguments to influence decision-makers to take action, using the flexibilities that are available under TRIPS to increase affordability of medicines. Research findings will be shared during policy dialogues, in policy briefs and other publications, and during engagement with the media when appropriate. 

Service Provider Scope of Work 

ITPC wishes to engage a researcher, who will conduct research on the legislation and policies governing the use of compulsory licenses and government use. 

Consultant upon request from ITPC shall:

1.     Gather legislation on compulsory and government use licenses for 26 countries (7 days)

2.     Conduct desk review analysis/data collection, including from hubs through questionnaires and interviews (9 days)

3.     Develop methodology and compare legislations (7 days)

4.     Draft final report (9 days)

o   Identify the gaps in country legislation; 

o   Highlight the positive provisions and elaborate recommendations on needed changes.

Duration of Service Provision:

-        Start date: 30 September 2020

-        End date: 18 December 2020

Qualification/Eligibility Requirements to Provider:

·     Graduate degree in social sciences or law, Doctorate preferred

·     Minimum 7-10 years relevant experience working on intellectual property and access to medicines issues, with a deep understanding of intellectual property, patent law, free-trade agreements, generic industry and international organizations related to trade and health

·     Experience drafting reports, developing research methodologies, remotely coordinating research teams

·     Experience and/or academic training in HIV/AIDS, epidemiology, public health, health policy

·     Experience collaborating with community-based organizations

·     Fluency in English

Method of Selection

Quality and Cost-Based Selection method shall be used to determine the winner. The following selection criteria with relative weight of criteria showed in percentages shall be used for selection for the bidders’ proposals that meet all obligatory qualification/eligibility requirements above and that essentially meet the above scope and deliverables:

  1. Qualifications and experience of the consultant in working on the subjects detailed above (relative weight 20%) – shall be assessed based on CV or description of experience;
  2. Quality of previous work and reports developed by the consultant (relative weight 25%) – shall be assessed based on example(s) of previous research done by the candidate consultant;
  3. Experience or training in HIV/AIDS, epidemiology, public health, health policy (relative weight 15%) - shall be assessed based on CV or description of experience;
  4. Previous experience of collaboration with CSOs conducting research at national and international level (20%) – shall be assessed based on CV or description of experience;
  5. Daily rate demanded by the consultant to achieve the work required (relative weight 20%) – shall be assessed based on provided quotation.

Compensation shall be performed in partial payments for spent amount of days based on quoted daily rate (but not exceeding 32 days) with satisfactory to ITPC quality of services. Consultant shall be paid within 30 days upon delivery of the monthly invoice.

Instructions to Tenderers

Tender proposal validity should be no less than 60 days. By submitting the tender proposal tenderer certifies that in relation to the company no bankruptcy procedure is commenced, no criminal investigation has been currently conducted in relation to professional conduct or business activity, there is no unfulfilled obligations relating to payment of taxes or social contributions. 

Before preparing tender proposal Tenderer should acquaint him/herself with the Template of the Agreement that is attached hereto as Annex 1.

Tenderers shall have the right   to seek written clarifications on any aspect of the tender documents and receive responses from ITPC in good time before the deadline for submission of tenders, not less than 14 days prior to the deadline. 

Any firm or individual who: 

●      is bankrupt or is being wound up, whose affairs are being administered by court, who has entered into an arrangement with creditors, who has suspended business activities or who is subject  to an injunctionagainst running business by court;         

●      is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by           court, or for an arrangement with creditors or of any other similar proceedings;

●      has been convicted of an offence concerning her/his professional conduct by a court;     

●      has been found guilty of grave professional misconduct; or 

●      has not fulfilled obligations relating to payments of taxes or social security contributions; 

would be excluded from the evaluation and the award of a contract. By submitting Technical and Financial Proposal bidder certifies that no above listed situation is applicable to him/her/legal entity of the bidder.

By submitting Technical and Financial Proposal bidder-vendors (only applicable to legal entities-bidders) certifies that:

-        it is registered by a national Registrars of Companies or corresponding national official   register;

-        is registered for declaration and payment of value added tax or a similar sales tax in       accordance with national legislation;    

-        has declared taxes for staff and employee contributions;            and

-        is free from debts regarding taxes and social security contributions. 

To Apply:

Send a Technical and Financial Proposal that should consist of at least the following documents: 

(i)          CV or description of experience;

(ii)         Quote indicating daily rate in USD (in separate file attachment called “Financial Proposal” or in the body of email); 

(iii)       Certificate/excerpt from registry proving right to conduct business, if any; and 

(iv)        example(s) of previous written research or related works done by the potential consultant.

to with the subject line “Comparative Compulsory License Legal Researcher –Application: Individual or Company Name” by 25 Septemberber 2020 23:59 SAST.

Tender proposals shall be evaluated by ITPC Selection Committee and the outcome of the selection procedure shall be notified to tenderers by email.


The International Treatment Preparedness Coalition (ITPC) is a global coalition of PLHIV and community activists working to achieve universal access to optimal HIV, HCV and TB treatment of those in need. Formed in 2003 by a group…

Details at a glance

  • Remote Possible
  • Part Time Schedule
  • Temporary
  • Master's Degree Required
  • Professional

Level of Language Proficiency




Johannesburg, ZA

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