Subject matter

Plant genetic resources

Summary of use(s)

Research and education
Purpose or background

This model contract is drawn up for the exchange of germplasm of cultivated species, which is in the improvement phase, not for indigenous materials in which traditional knowledge and/or prior informed consent are relevant.  Should said type of contracts need to be drawn up, consultations will be held with the National Genetic Resources Committee, the Convention on Biological Diversity (CBD) focal point and the appropriate legal advisors.

Contact details

Federico Condón, Senior Researcher/Plant Genetic Resources, National Institute of Agricultural Research (INIA), Uruguay, INIA, La Estanzuela, Ruta 50 Km 11, Colonia, Uruguay, fcondon@le.inia.org.uy, 0574800, 05748012

 

NATIONAL AGRICULTURAL RESEARCH INSTITUTE (INIA Uruguay)

MATERIAL TRANSFER AGREEMENT

The parties agree as follows.

1. The parties to this Agreement are:

NATIONAL AGRICULTURAL RESEARCH INSTITUTE of Uruguay (hereinafter referred to as INIA) and  NAME OF THE RECIPIENT - ADDRES OF THE RECIPIENT (hereinafter referred to as RECIPIENT).

2. The vegetable material covered by this Agreement is defined as the species of Xxxxx xxxxx (hereinafter referred to as MATERIAL), developed by INIA and includes the following:

Sample number
Genera and Specie
Cultivar name
Seed (g)
1
Xxxxx xxxxx
 
 
2
 
 
 
3
 
 
 

3. The samples of the MATERIAL, detailed before, are sent to the RECIPIENT, with the only purpose of evaluation of the different cultivars. No one is permitted any cloning or molecular manipulation of the proteins and/or the specific genes contains in the MATERIAL.

4. The RECIPIENT agrees to share with INIA the results of the field/green house/disease resistance evaluation results of the MATERIAL with INIA, as well as it´s comparison to adapted or local genotypes.

5. RECIPIENT agrees that this MATERIAL will not be released to any person other than the signatories of this Agreement, except co-workers working directly under a signatory supervision who have agree to bide by the terms and conditions of this Agreement. No one is permitted to take or send this MATERIAL to any other person, unless prior written permission is obtained from INIA.

6. This Agreement and the resulting transfer of MATERIAL, constitutes a restricted license for RECIPIENT to use the MATERIAL, solely for not-profit purposes. MATERIAL will not be used for any purpose inconsistent with this Agreement. Upon completion of the work for which this restricted license is granted, the MATERIAL must be destroyed.

7. RECIPIENT shall not obtain any ownership right in MATERIAL, unless prior written permission is obtained from INIA.

8. The RECIPIENT shall not keep seed remnant or from harvested from trials. If the RECIPIENT would like to harvest seed for future field trials, the RECIPIENT agrees to communicate to INIA such action.

9. The RECIPIENT shall not start seed increases based on the seed exchanged for any non research pourpuse.

10. If the RECIPIENT, as the results of the field trials, has interest to develop the MATERIAL in the commercial market, the RECIPIENT agrees to negotiate in good faith with INIA, prior to marketing of such products, the compensation to be paid by the RECIPIENT to INIA. Such compensation may include royalties on the gross sales value of such products derived from the MATERIAL.

11. RECIPIENT agrees to send to INIA an annual report describing the results of the research using the MATERIAL.  

12. RECIPIENT agrees not to publish results involving MATERIAL, without citing the source and giving credit to INIA as creator of the MATERIAL.

13.  Any dispute concerning this Agreement shall be settled if possible by full and frank discussion between the parties. In the absence of any agreement, the parties agree to settle the dispute by arbitration. Such arbitration shall be conducted under the rules and procedures of the Model Law on International Commercial Arbitration adopted by Unites Nations Commission on International Trade Law on 21 June 1995 as amended to the date of the arbitration.

Each party waives its rights to further appeal or redress in any court or tribunal, except solely for the purpose of obtaining judgement on any award rendered by the arbitration, which may be entered in any Court having jurisdiction.

The parties agree that the external costs and expenses of the arbitration proceedings shall be borne in accordance with the decision of the arbitrator or the arbitral tribunal. If the arbitrator or the arbitral tribunal does not rule on this point then those costs and expenses shall be borne equally by both parties.

14.The present Agreement will start at the same date of its signature and will expire when all research and development involving the exchanged materials is finished.

In witness whereof, the legally authorised representatives of the parties sign this Agreement in two copies of the same tenor and validity at the place and on the date indicated

INIA:                                                                 RECIPIENT

Signature:                                                        Signature

Name:                                                             Name:

Place and Date:                                              Place and Date: 

 

REPLY TO WIPO/GRTKF/IC/Q.6

Question 1:  Please give the contract title.

Response:

MATERIAL TRANSFER AGREEMENT

Question 2:  Please identify the contract parties.

Response:

Provider - INIA

Receiver - Private enterprise abroad

Question 4:  Please state the overall contract’s purpose.

 Research or Educational Application only                                           X

Question 5:  Please state the contract’s objective.

Response:

Protect rights not protected formally in germplasm being developed

Question 6:  Please identify the scope of the contract.

Response:

 Plant Genetic Resources                                                                      X

Question 7:  Please state whether the genetic resources are being supplied from in-situ conditions or from ex-situ conditions.  "In-situ conditions" means conditions where genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.   "Ex situ conditions" means conditions where genetic resources exist outside their natural habitats;  for instance, a germplasm bank or microbial collection:

Ex-Situ Conditions                                                                                 X            


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

Response:

Research and education

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

Response:

Applies only to cultivated research material.  No provision is made for this point.

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

Response:

At the time of signature.

Question 11:  Please state the contract’s duration.

Response:

When the research granted ends.

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

Response:

Clause(s) relating to:

Please set out relevant clause(s) or summary of clause(s) including, if appropriate, explanation of the context of the clause(s) in relation to the contract and/or project as a whole

Plant Breeders’ Rights

7, 10, 12

Licensing

10

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

11, 12

Non monetary Benefit-sharing as relates to IP:  e.g. IP-related training, technology transfer, exchange of results, etc.

12

Ongoing traditional and customary use:  i.e. clarification of future use of genetic resources and any associated traditional knowledge by local peoples or traditional communities, such as farmers’ rights.

3

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

Response:

Existing Laws and Regulations

Please state name and date of law and, if possible, relevant clause number(s)

National laws and regulations in provider country

INASE Law No. 16.811 and amendments by Law No. 18.467;
Law 17.942, Approval of the International Treaty on Plant Genetic Resources for Food and Agriculture

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

Response:

International law

 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:

International.  See point 13.

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 IP aspects of the contract.

Response:

This model contract is drawn up for the exchange of germplasm of cultivated species, which is in the improvement phase, not for indigenous materials in which traditional knowledge and/or prior informed consent are relevant.  Should said type of contracts need to be drawn up, consultations will be held with the National Genetic Resources Committee, the Convention on Biological Diversity (CBD) focal point and the appropriate legal advisors.