Agreement between Montreal Botanical Garden and Private Companies
Subject matter |
Plant Genetic Resources; Uncharacterized Genetic Material transferred inadvertently (for example, microbes or parasites present in samples of plant material); Associated Traditional Knowledge and Know-How. |
Summary of use(s) |
The private companies use the material to identify metabolites for pharmacological issues. The Universities use the material for diverse genetic, taxonomic and biochemical research activities. |
Purpose or background |
Montreal Botanical Garden is generally the provider of the material. Private companies and Universities are the recipients. |
Contact details |
Michel Labrecque, Curator, Montreal Botanical Garden, 4101 Sherbrooke East Montreal, QC H1X 2B2, Canada. |
REPLY TO QUESTIONNAIRE WIPO/GRTKF/IC/Q.2
PART I
COPY OF THE CONTRACT
Please indicate whether a copy of an existing contract or model agreement is attached to this response:
Response: No.
PART II
Question 1: Please give the contract title.
Response: We currently have two contracts of this nature with private companies, both are confidential.
Question 2: Please identify the contract parties.
Response:
Montreal Botanical Garden generally as the Provider.
Private companies as the Recipient (confidential).
Universities and research institutes as the Recipient.
Question 3: Please specify the contract parties or, in the case of model contracts, the proposed contract parties.
Response:
Commerce or Industry as the Recipient.
Research Institutions as the Recipient.
Traditional Knowledge Holders as the Provider.
Question 4: Please state the overall contract purpose:
Response:
Commerical or Industrial Application, and Research or Educational Application.
Question 5: Please state the contract objective.
Response:
Private companies: Identification of metabolites for pharmacological issues.
Universities: For diverse genetic, taxonomic and biochemical research activities.
Question 6: Please identify the scope of the contract.
Response: Plant Genetic Resources; Uncharacterized Genetic Material transferred inadvertantly e.g., microbes or parasites present in samples of plant material; Associated Traditional Knowledge and Know-How.
Question 7: Please state whether the genetic resources are being supplied from in-situ conditions or from ex-situ conditions.
Response: Ex-Situ Conditions.
Question 10: Please state the date that the contract came into force.
Response: One since 1998; One since 2000. Both still active.
Question 11: Please state the contract duration.
Response: Both Contracts are 5 years.
Question 12: Please identify and record all intellectual property (IP) related clauses in the contract.
Response:
Plant Breeders' Rights |
Charge to the company when necessary |
Monetary Benefit-sharing as relates to IP: |
The agreement envisages lump sum payments to have access to the collections, and payments according to the number, or the quantity, of collected samples. |
Question 15: Please share any additional information that may give useful perspective to the intellectual property aspects of the contract.
Response: The agreements limits access to plants with CITES restrictions, and to plants which were acquired with specific restrictions on their use for commercial purposes.
Question 19: Dispute Resolution
Response: Confidential.
Question 20: Please state whether the contract in question has been challenged at law.
Response: The contractual agreements with the two companies have been respected very strictly to date, and are not the subject of any litigation.