Desca Material Transfer Agreement

With respect to reserved paragraph 7.9, the appropriate dispute resolution provisions can vary considerably depending on the ceding. If there is an agreement on bioprospecting, the provisions of this agreement should be similar to the dispute settlement rules contained in the bioprospecting agreement. It should be noted that in Part VII. 7 of the guidelines, dispute resolution rules should provide for a « fair and effective settlement » and could include international arbitrations in accordance with the procedures outlined in the schedule of guidelines. (a) all materials obtained by man or of human origin; it is an agreement that defines the framework for negotiations between the partners of a consortium and is usually concluded at the beginning of negotiations on participation in a project before a proposal is even presented. It expresses a consensus of will between the parties and outlines a proposed common course of action, which contributes to the explanation of all protocols relating to communication, exchange of information, reports, confidentiality issues, as well as amendments and conditions for termination of the agreement. 5.1. The [transfer] [and the agency for which the purchaser is an agent] offers, on an agreed date, the benefits of using the transferred materials: the model provides that certain benefits, the terms of benefit sharing and the date on which these services are to be granted, are indicated in this section (e.g. B immediate payment of a royalty, a fixed fee for the use of the equipment). This section may also include the obligation to negotiate the terms of the distribution of benefits until a certain time in the future.

Point (i) may be a specific date, (ii) a date on which certain types of research activities are carried out on the transferred material; or (iii) a date on which a commercial product has been identified and is prepared for commercial production and marketing. It is generally not advisable to postpone benefit allocation negotiations to future dates, as there may be no agreement on such benefit-sharing conditions in order to disrupt the start of commercial marketing and/or the assessment of materials may be distorted. « genetic resources »: non-human matter of animal, plant or microbial origin containing units of functional heredity. [« Bioprospectrion Agreement » refers to the written agreement between the [transferor] and the [transfer] titled « O » and is executed on — and a copy of that agreement is attached to this agreement.] 4.1. The [taker] [and the entity for which the taker is an agent] may only use samples of material transferred pursuant to Article 3 of this agreement for purposes 4.2. The [taker] [and the organization, for which the purchaser acts as agent], samples of materials [and genetic resources or other materials produced from these samples] transferred pursuant to Article 3 of this agreement, or destroys those genetic samples and resources or other materials, such as the [transferor(s], when the [taker] performs the uses covered in paragraph 1 of this article, unless necessary to meet the patent or patent disclosure obligations.