Download A model MTA for forest genetic material

Egbert Beuker, Joukje Buiteveld, Luc Paques,
Clara Tremberth, Micael Aliouat, Silvia Fluch
ABS:
a model Model Transfer Agreement for
forest genetic material
Forest trees are long living organisms
In many cases the trees live longer than the duration of
the field experiments for which a Material Transfer
Agreement (MTA) was provided.
What to do as user of genetic resources
The ABS National Focal Point of the Netherlands provides on its web
site an excellent overview about what to do as user of genetic
resources.
•
www.absfocalpoint.nl
A user, who obtains access to a genetic resource,
shall allways respect the regulations of the
provider’s country
•
Find a partner organisation in the provider’s country
•
Verify if the provider’s country requires permission to access and use
its genetic resources (usually a Prior Informed Consent (PIC))
•
Find the Competent National Authority (CNA) of the provider’s
country
•
Negotiate with the provider about Mutiually Agreed Terms (MAT)
•
Present plan with PIC request to the CNA for aproval
Access and Benefit-Sharing clearing house
website of the Convention on Biological Diversity
•
https://absch.cbd.int/
List legislative and administrative measures on Access and Benefit
Sharing (ABS) for different countries:
•
https://absch.cbd.int/search/national-records/MSR
Benefit sharing
For an overview of possible monetary and non-monetary benefits, see
Appendix 2 on page 18 of the Bonn-guidelines on access to genetic
resources and benefit sharing (ABS):
(https://www.cbd.int/doc/publications/cbd-bonn-gdls-en.pdf)
Material Transfer Agreement for Forest Genetic
Material
This model MTA provides the parties involved with several options that may
occur. It can be used as guideline, and may be modified to better fit the
needs of the parties involved.
Material Transfer Agreement for Forest Genetic
Material
CONTENTS
1. PARTIES TO THIS AGREEMENT
2. DEFINITIONS
3. THE PURPOSE OF THE AGREEMENT
4. TRANSFER AND UTILIZATION OF MATERIAL
5. OWNERSHIP –INTELLECTUAL PROPERTY RIGHTS
6. CONFIDENTIALITY – PUBLICATIONS
7. BENEFIT SHARING - PREVALENCE
8. DURATION AND TERMINATION OF THE AGREEMENT
9. WARRANTY
10.HANDLING OF THE GENETIC MATERIAL AFTER THE TERMINATION OF THE AGREEMENT
11.TRADITIONAL KNOWLEDGE
12.CHOICE OF LAW – SETTLEMENT OF DISPUTES
2. Definitions
In this Agreement the terms defined in Article 2 CBD or the EU Regulation No
511/2014 shall have the same meaning, unless otherwise defined in this article.
Purpose:
• Option 1: wide access for academic purposes: the non-commercial
purposes consisting in academic research and collections, and for training,
teaching and education. The User must comply with the User’s and
Provider’s national regulations and with relevant international law and will
make his business of obtaining all authorisations needed to the conduct of
its research and experiment.
• Option 2: for a given scientific program and/or other utilization plan
specified in Annex 3.
4. Transfer and utilisation of material
4.1
TRANSFER TO THE USER
4.2
UTILIZATION BY USER
4.3
TRANSFER TO THIRD PARTIES
•
Option 1: The transfer of the Material to third parties is not allowed under
this Agreement. For transfer of the Material to a third party a new MTA is
required.
•
Option 2: The transfer of the Material by the User to a third party is
authorized subject that the User imposes to the receiving third party
compliance with the provisions of this Agreement.
5. Ownership – intellectual property rights
5.2 Results
•
Option 1: The User will provide access for internal research for the
Provider to all data that has resulted from the use of the Material.
•
Option 2 (information of Provider): The User will deliver a written
report of the results in accordance with the Provider’s instructions
upon his/her request.
6. Confidentiality - publications
6.2 Publications
•
Option 1 (Prior approval) Publication or disclosure of the Results shall be
subject to prior written approval by both Parties.
•
Option2 (prior information): Subject to article 6.1 (Confidentiality), User
may publish or disclose the Results, so long as confidentiality and
intellectual property rights of the Provider are not compromised. User will
send a copy any publication regarding Results to the Provider for its
information at least thirty (30) business days prior to submission for
publication. User will provide appropriate acknowledgement of the Provider
as the source of the Material in any and all publications regarding use of /
the Material.
6. Confidentiality - publications
6.2 Publications (continue)
Co Authorship (in particular authorship of Provider employees) of any
publications will be agreed between User and Provider in accordance
with authorship best practice.
10. Handeling of the genetic material after the
termination of the agreement
•
Option 1: After the termination of the Agreement the Material may still be
used basic material for the production of forest reproductive material or
used as biological material for wood production etc. in accordance and
subject to the provisions of the applicable law. (In practice this could mean
that the trees may be remained in the field, but that the trials have to be
dismantled, including the removal of any identification marks of plots or
individual trees from the site.)
10. Handeling of the genetic material after the
termination of the agreement (continue)
•
Option 2: After the termination of the Agreement the Material may be
available for use only under the same conditions as provided by the
Agreement.
•
Option 3: After the termination of the Agreement the Material shall be
destroyed or returned to the provider.
ANNEX 1: Description of the Material covered by
this Agreement
Description of the Material:
1. Tree species name (English and Latin)
2. Variety, cultivar, hybrid, clone name (if applicable)
3. Type of material (pollen, seed, cuttings, plants, etc.)
4. Type if source (natural stand, seed orchard, collection, etc.)
5. Origin (country, location name and coordinates. Maps may be attached)
6. Provider’s material register code (if available)
7. Registration code/national register reference according the community
list of Approved Basic material for reproductive material (Catalogue
Forestry) (if applicable)
8. Date of collection
9. Quantity of the material
ANNEX 1: Description of the Material covered by
this Agreement (continue)
Description of DATA (if applicable)
Description of TRADITIONAL KNOWLEDGE (if applicable)
ANNEX 2: PIC and MAT
•
Option 1: “No applicable PIC and MAT required by the providing country”
•
Option 2: Reproduce here applicable PIC and MAT
ANNEX 3: Research plan and/or utilization plan for the
use of the Material mentioned in Annex 1
Microbial´Resource Research Infrastructure
(MIRRI)
Policy Statement and Best Practice on Access and Benefit Sharing