Letter of Agreement to Protect and Develop Local Varieties of Sugar Palm and other Local Genetic Resources

On this day, the fourteenth days of August in two thousand and eighteen (14^th August 2018) is signed below:

The FIRST PARTY and the SECOND PARTY are then collectively called PARTIES.

INTRODUCTION:

1. Indonesian Center for Agricultural Biotechnology and Genetic Resources Research and Development, Indonesian Agency for Agricultural Research and Development, Ministry of Agriculture as the FIRST PARTY, has a mandate to carry out research and development on biotechnology and agricultural genetic resources.

1. Regional Agriculture and Fisheries Office of Local Government E, as the SECOND PARTY, has a mandate to assist the Regent in carrying out governmental affairs in agriculture and fisheries sector within its jurisdiction and in other additional mandates given to the local region.
2. The PARTIES strongly support the development of local genetic resources from Local Government E, and have a great resolve to cooperate based on good faith, equality and mutual benefits.

Therefore, the PARTIES hereby agree to cooperate on the development of local genetic resources from Local Government E, under following conditions:

ARTICLE 1

PURPOSE AND OBJECTIVE

• The purpose of this agreement is to create a foundation for the PARTIES to cooperate within the scope of the agreement.
• The objective of this Agreement is to develop local genetic resources from Local Government E.

ARTICLE 2

SCOPE

The scope of this agreement is:

1. Morphological characterization;
2. Molecular characterization;
3. Registration and release of local varieties of sugar palm and other local genetic resources, and their development;
4. Utilization of the superiority of Smulen ST1 sugar palm and other local genetic resources;
5. Development of Smulen ST1 sugar palm.

ARTICLE 3

IMPLEMENTATION

• The implementation of the agreement will be further specified in a Proposal/Terms of Reference, which contains details of the technical activities, time period, place of implementation and financing.
• The Proposal/Terms of Reference (ToR) referred in paragraph (1) constitutes an inseparable part of this agreement.

ARTICLE 4

TASKS AND RESPONSIBILITIES

• The tasks and responsibilities of the FIRST PARTY are:

Research Activities: mentoring for morphological characterization, conducting molecular characterization, providing recommendations for the preparation of selected parental trees of Smulen ST1 local sugar palm and disseminated seeds that are free of diseases, assisting the registration process for the release of local sugar palm varieties and other local genetic resources, assisting their development, and exploring the utilization of Smulen ST1 sugar palm and other local genetic resources.

• The tasks and responsibilities of the SECOND PARTY are:

Research Activities: making morphological observations, land preparation, safeguarding, maintaining, preserving and developing selected parental trees as well as certified superior disseminated seeds that are free of pests, identifying and characterizing the morphology of potential local genetic resources in order to be registered and released, further developing and providing certified seeds from released local genetic resources.

• The tasks and responsibilities of both PARTIES :

1. Implementing the principle of cooperative utilization of resources owned by each party (resource sharing) and cooperative undertaking of activities to achieve the desired results.
2. Actively involved in each stage of the research activity.

ARTICLE 5

RESULTS OF ACTIVITIES

The released variety of Smulen ST1 Local Sugar Palm from Local Government E and its further development in Bengkulu Province, which will be utilized by the SECOND PARTY.

ARTICLE 6

INTELLECTUAL PROPERTY RIGHT AND PUBLICATION

• Intellectual Property Rights (IPR), data, and information generated from the collaborative activities under this Agreement will be owned by the FIRST PARTY and the SECOND PARTY.
• If the IPR, data, and information from this collaboration will be used for commercial purposes by parties other than the FIRST PARTY and the SECOND PARTY, a written approval must be obtained from the FIRST PARTY and the SECOND PARTY.
• In the development of local genetic resources from Local Government E, any proposals for variety release will list the SECOND PARTY as the proposing institution and the holder of ownership rights, while the breeders and/or researchers listed in the descriptors are from the FIRST PARTY and SECOND PARTY.
• The cost of variety release and maintenance will be borne by the SECOND PARTY.
• If any data from the local genetic resource development from Local Government E, will be published in a scientific publication, the authorship will consist of the FIRST PARTY and the SECOND PARTY.

ARTICLE 7

FINANCING

The cost of research activities for the development of local genetic resources from Local Government E, is the responsibility of the FIRST PARTY and the SECOND PARTY.

ARTICLE 8

VALIDITY PERIOD

This agreement is valid for a period of 3 (three) years from the signature date, and can be extended based on an agreement by both PARTIES.

ARTICLE 9

MONITORING AND EVALUATION

• THE PARTIES individually and/or jointly monitor and evaluate the implementation of this agreement within the scope of their authority.
• The results of monitoring and evaluation as referred in paragraph (1), are reported to the Local Government E, and the Head of Indonesian Center for Agricultural Biotechnology and Genetic Resources Research and Development by the PARTIES.

ARTICLE 10

SETTLEMENT OF DISPUTE

• This agreement is regulated by and subjected to applicable laws and can only be interpreted according to legal provisions that are in force in the Republic of Indonesia.
• Disputes arising from this agreement will be resolved through deliberation by the PARTIES.

ARTICLE 11

FORCE MAJEURE

• None of the parties is liable for failing their obligations under this agreement insofar that they are obstructed, prevented or delayed by force majeure.
• Force majeure includes natural disasters, sabotages, strikes, riots, epidemics, fires, floods, earthquakes, wars, decisions of the Government or authorized agencies, damage to electricity networks, damage to systems and communications, industrial disputes, changes in national legislation and the regional legislations, which obstructs, whether directly or indirectly, the implementation of this agreement.
• Within 7 (seven) days of the occurrence of force majeure, the affected party makes or submits written notice to the other party by explaining the conditions of the force majeure and providing a reliable estimate of the period when the implementation is expected to be carried out again.

ARTICLE 12

AMENDMENT

• This agreement may be amended based on the agreement of the PARTIES.
• Changes and/or items that have not been regulated in this agreement will be regulated in the form of an addendum and/or amendments agreed upon by both PARTIES and it will be an integral part of this agreement.

ARTICLE 13

INFORMATION

All notices, communications, and other forms of information transmission relating to the implementation of the agreement are carried out in writing by submitting a registered letter addressed to each party with the following address:

   
    ARTICLE 14

OTHER PROVISIONS

• The principle of this agreement is that the agreement must be able to provide the best benefits to the PARTIES and other related parties.
• This agreement is a guideline for both PARTIES in carrying out the cooperation.
• The cooperation operates at institutional level and the PARTIES must respect the rules and conditions that apply at each institution.
• This agreement still binds the PARTIES even though one or both PARTIES undergo changes in status, organization, and leadership. Under such conditions, the rights of the affected PARTIES are transferred to another PARTY set by existing laws and regulations as a legitimate PARTY with the authority to continue this agreement.

ARTICLE 15

CLOSING

This agreement was made and signed at the place, day, date, month and year referred at the beginning of the agreement, made into 2 (two) original duplicated documents with appropriate legal stamps, both of which have the same legal force after being signed by the PARTIES.