Research Agreement between Syngenta Crop Protection AG, Basel, Switzerland and HUBEL Academy of Agricultural Science, Wuhan, China, dated November 1997

Subject matter	Microbial Genetic Resources.
Summary of use(s)	Fermentation of microorganisms to produce microbial metabolites for evaluation as crop protection products or lead compounds. No traditional knowledge involved.
Purpose or background	Discovery of natural products from microorganisms for use as crop protection products or lead compounds.
Contact details	Walter Smolders, Global Head of Biotechnology IP, Syngenta Crop Protection AG, Switzerland, Schwarzwaldallee 215. E-mail: walter.smolders@syngenta.com Telephone: +41 61 323 85 69; Fax: +41 61 323 86 22.

Contact Details

Name: Walter Smolders
Title: Global Head of Biotchnology
Office/Organization: Syngenta Crop Protection AG
Member State: Switzerland
Address: Schwartzwaldallee 215
Email: walter.smolders@syngenta.com
Telephone: +41 61 323 85 69
Facsimile: +41 61 323 86 22

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REPLY TO QUESTIONNAIRE WIPO/GRTKF/IC/Q.2

COPY OF THE CONTRACT

Please indicate whether a copy of an existing contract or model agreement is attached to this response:

Response: No.

Question 1: Please give the contract title.

Response: Research Agreement.

Question 2: Please identify the contract parties.

Response: Syngenta Crop Protection AG, Basel, Switzerland (Recipient) and HUBEI Academy of Agricultural Sciences, Wuhan, China (Provider).

Question 3: Please specify the contract parties or, in the case of model contracts, the proposed contract parties. Please also state whether the party is the provider (P) or the recipient (R) of the genetic resources and/or of any associated traditional knowledge.

Response:
Commerce or Industry: Yes, as Recipient.

Research Institution: Yes, as Provider.

Question 4: Please state the overall contract purpose:

Response: Commerical or Industrial Application

Question 5: Please state the contract objective.

Response: Discovery of natural products from microorganisms for use as crop protection products or lead compounds

Question 6: Please identify the scope of the contract.

Response: Microbial Genetic Resources

Question 7: Please state whether the genetic resources are being supplied from in-situ conditions or from ex-situ conditions.

Response: In-situ Conditions

Question 8: Contract Activities: Please state the permitted uses of the genetic resources under the contract.

Response: Fermentation of microorganisms to produce microbial metabolites for evaluation as crop protection products or lead compounds

Question 9: Contract Activities: Please state the permitted uses of any associated traditional knowledge under the contract.

Response: No traditional knowledge involved.

Question 10: Please state the date that the contract came into force.

Response: November 1997.

Question 11: Please state the contract duration.

Response: At least until end 2004.

Question 12: Please identify and record all intellectual property (IP) related clauses in the contract. For example:

Response:

Industrial property incl. patents, trademarks, geographical indications and appellations of origin etc.	Ownership of microbial strains with Provider. Patent rights on metabolites with Recipient except for joint patents in territory of provider
Licensing	Exclusive Licence to use microbial strains for production of metabolites for use in the field to Recipient.
Monetary Benefit-sharing as relates to IP: e.g. up-front payments, royalties, milestone payments, ethno-botanical premiums, trust funds, etc.	Royalties
Non monetary Benefit-sharing as relates to IP: e.g. IP-related training, technology transfer, exchange of results, etc.	Funding of strain collection, fermentation and prescreening activities in China, transfer of assay technologies and know-how to China, training of Chinese scientists and technicians in Switzerland
Other. Please list below: e.g. publications, exclusivity of supply, future supply of resources in the event of successful research etc.	Option for Provider to manufacture metabolites through fermentation for Recipient

Question 13: Please state whether any Intellectual Property Rights have been obtained as a result of activities carried out pursuant to the contract.

Response: None.

Question 14: Confidentiality: Please set out any Confidentiality clause(s) or a summary of such clause(s) in the contract

Response: Usual Confidentiality Provisions.

Question 16: Please identify any laws and regulations applicable to the contract in question, in particular any relevant intellectual property-related clauses in legislation regulating access to genetic resources and in any sui generis legislation to protect associated traditional knowledge:

Response:
International laws and regulations: Convention on Biological Diversity of June 5, 1992.

Question 18: Please state the Governing Law of the Contract:

Response: Switzerland.

Question 19: Dispute Resolution: Please state how the parties have agreed to resolve any disputes that might arise under the contract (mediation, conciliation, arbitration, national jurisdiction etc) identifying, in particular, the agreed dispute resolution body (international, regional, national, or local).

Response: Courts of China or Switzerland.

PRACTICAL GUIDANCE AND LESSONS LEARNED

Question 21: Please share any practical advice that you may have arising out of the drafting, negotiation and conclusion of the contract in question, in particular, any advice relating to the intellectual property aspects of the contract.

Response:

Prior Informed Consent: Responsibility of Providing Party.

Benefit-Sharing: Identified above. Further responsibility with Providing Party.

Local or Indigenous Communities: Not Applicable.

Legal Advice: Yes.

Model Contracts/Clauses: No.