Desca Material Transfer Agreement

4.3. The [buyer] may not apply for patents or plant variety rights in the materials as such, as listed in Article 2 (i.e. in the form in which they are transferred to the [buyer]. The [assignee] may apply for the grant of patents claiming inventions that have been developed using samples of transferred materials, including inventions embodied in modified forms of materials, or the grant of plant variety protection that claim varieties developed using samples of the transferred materials. the natural or legal person who receives research material under a material transfer contract (MTA). 4. “bioprospeticization contract” means a written agreement between a member of the BIO and a party or party providing prior informed consent and (ii) the conditions for the collection and use of regulated genetic resources, including compensation for benefits. `genetic resources` means non-human material of animal, plant or microbial origin containing functional herding units. With respect to paragraph 7.9 reserved, the appropriate dispute settlement provisions may vary considerably from a transferee. If a bioprospecting agreement exists, 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. In 7 of the Guidelines, it is stated that dispute settlement provisions should provide for “fair and efficient settlement” and could include international arbitration procedures in accordance with the procedures described in the Annex to the Guidelines. 5.1. The [transferee] [and the organisation for which the transferee is a representative] shall, on a mutually agreed date, provide the benefits arising from the use of the transferred materials: Comment: The identification of the materials for which physical samples are transferred should include as many points as possible: as far as possible, the identification of the materials should be provided by the transmitter(s). Alternatively, the buyer should work with the transferor to develop an agreed means of identifying and describing materials. . . .

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