Subject matter

Plant Genetic Resources.

Summary of use(s)

Genetic resources transferred are used exclusively for the purposes of scientific ecological variety testing and selection. There is no right to use the resources for commercial propagation or in the production of industrial raw materials.

Purpose or background

Scientific research on the creation of genetic collections, ecological variety testing, and selections of fruit, berry, nut-bearing, medicinal and ornamental plants. The contract is for a 10 year period, starting in 1998.

Contact details

Yu. Smirnov, N. Ponomareva, Head of Division, Senior examiner, Russian Agency for Patents and Trademarks (Rospatent), 30-1, Berezhkovskaya nab., 123995 Moscow, Russia.
E-mail: lsimonova@rupto.ru
Telephone: 240 34 57; Fax: 956 43 74.

 

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: Scientific and Technical Cooperation Agreement between the Horticultural Science Research Institute (Russia) and the All-Russian Plant Science Research Institute.

Question 2: Please identify the contract parties.

Response:

The Horticultural Science Research Institute (Russia) and the All-Russian Plant Science Research Institute.

Question 4: Please state the overall contract purpose:

Response:

Research or Educational Application only.

Question 5: Please state the contract objective.

Response:

Expansion and intensification of scientific research on the creation of genetic collections, ecological variety testing, and selections of fruit, berry, nut-bearing, medicinal and ornamental plants.

Question 6: Please identify the scope of the contract.

Response: Plant Genetic Resources

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

Response: Genetic resources transferred by another party are used exclusively for the purposes of scientific ecological variety testing and selection, without the right to commercially propagate or to produce industrial raw materials.

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

Response: No data available.

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

Response: 1998

Question 11: Please state the contract duration.

Response: The agreement was concluded for a ten-year period; up to and including 2008.

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

Response:

Plant Breeders' Rights

The rights to varieties obtained with the use of genetic material belonging to a cooperating party must be enforced by an additional agreement.

Monetary Benefit-sharing as relates to IP: e.g. up-front payments, royalties, milestone payments, ethno-botanical premiums, trust funds, etc.

This agreement is enforced by the parties without money changing hands. Payment is made only for the planting material of variety models that may be exchanged. Where ecological variety testing and selection produce positive results, commercial use of future-oriented varieties and production of selected forms must be carried out by means of an additional agreement concluded jointly by the parties.

Termination (insofar as it relates to IP.)

The agreement of additions and amendments, and the termination of the validity of an agreement, shall be made by the Parties in the form of a protocol.

Other. Please list below:

e.g. publications, exclusivity of supply, future supply of resources in the event of successful research etc.

Publication: joint publication of the results of research in scientific journals has been agreed.

 

Question 14: Confidentiality: Please set out any Confidentiality clause(s) or a summary of such clause(s) in the contract including, if appropriate, an explanation of the context of the clause(s) in relation to the contract and/or project as a whole.

Response:

Both Parties are obliged not to transmit information on genetic material and documentation to any third party without the official consent of the Party supplying the information and the genetic material.

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: No references are made to legislation.

Question 20: Please state whether the contract in question has been challenged at law.

Response: No.