アルゼンチン標準素材研究海外移転契約モデル3

アルゼンチン標準素材研究海外移転契約
MODEL 3

Provider Institution: Description, full particulars
Name of Representative of Provider Institution:
Title of Representative of Provider Institution:

Recipient Institution: Description, full particulars
Name of Representative of Recipient Institution:
Title of Representative of Recipient Institution:

Project/Associated Agreement (where applicable):
Description of Material Transferred: Description, full particulars
Provider Institution Shipping Form:
In consideration of the provisions of the Convention on Biological Diversity, the qualified Signatory Institutions, through their duly authorized representatives, agree to use the samples transferred between them in accordance with the following terms and conditions:

1. The Material provided shall be used by the Recipient Institution exclusively for the scientific research stipulated, and shall not be used for commercial purposes.

2. In the event of discovery of a potential commercial use for a product or process which is or is not subject to copyright protection and which derives from the sample provided as genetic heritage under these terms, the Recipient Institution shall notify the Provider Institution of said discovery. The activity related to said potential use shall be suspended. In respect of the circumstances, a new contract containing the relevant legal provisions shall be executed.

3. No sample component of genetic heritage shall be released to a third party by the Recipient Institution without the prior execution of a new material transfer agreement between the original Provider Institution and the new Recipient Institution.

4. A Recipient Institution which receives a sample component of genetic heritage shall comply with these terms of material transfer in any transaction related to the sample in question. The Recipient Institution shall not be considered a Provider and shall not be entitled to any benefits related to the Material.

5. Any publication issuing from the study of the sample component of genetic heritage provided shall explicitly acknowledge the source of the material and recognize the Provider Institution. A copy of the publication in question shall be sent to the Provider Institution and to the Argentine Ministry of Environment and Sustainable Development.

6. Non-compliance with these terms shall entail the applicable statutory sanctions.

7. The headquarters of the Provider Institution shall be a competent forum for the settlement of disputes between the Institutions Parties to this material transfer agreement.

8. Regardless of the length of time for which the material is lent (six months), this Material Transfer Agreement shall be valid for one year and may be renewed upon express formal request and mutual accord of the Parties prior to the expiration of the Agreement.

9. Independently of the renewal of this Agreement, the commitments in respect of the material transferred under these terms shall survive indefinitely.

IN WITNESS WHEREOF, Provider Institution and Recipient Institution have caused this Agreement to be executed in triplicate by their respective duly authorized representatives.

Minimum Clauses Common to All Material Transfer Agreements (MTAs)

? The samples shall be used exclusively for the purposes set out in the Research description. The Research description shall not be modified and the material shall not be used for other purposes unless a new authorization is submitted in writing.
? Whether provided temporarily or permanently, the material shall be used by the Recipient Institution exclusively for non-commercial scientific research.
? A Recipient Institution which temporarily or permanently receives a sample component of genetic heritage shall comply with the terms of the transaction related to the sample in question. The Recipient Institution shall not be considered a Provider and shall not be entitled to any benefits related to the Material.
? No sample component of genetic heritage, provided temporarily or permanently, shall be released to a third party by the Recipient Institution without the prior execution of a new material transfer agreement between the original Provider Institution and the new Recipient Institution. No part or by-product shall be lent or transferred to another researcher or institution without prior written authorization, which shall require a new procedure.
? In the event of discovery of a potential commercial use for a product or process which is or is not subject to copyright protection and which derives from the sample provided as genetic heritage under these terms, the Recipient Institution shall notify the Provider Institution of said discovery. The activity related to said potential use shall be suspended. In respect of the circumstances, a new contract containing the relevant legal provisions shall be executed. Argentina shall have exclusive title to all intellectual property rights related to the material used and its derivatives.
? Any remaining part or by-product of the sample shall be returned upon completion of analysis, unless the final destination of the material was stipulated beforehand. The material used shall be consumed during analysis; otherwise, any material remaining after analysis shall be destroyed or returned.
? Both Parties shall disseminate the research results as extensively as possible, publishing said results in international periodicals. The Argentine Party shall, moreover, disseminate the results across all spheres of administration, particularly those of public administration, which might consider them useful.
? Research results shall be published jointly by Recipient and Provider. Recipient and Provider shall duly acknowledge the source of the material in all publications related to the material used; Recipient and Provider shall send copies of the publications and preliminary reports related to the material used and its modifications to the Argentine Ministry of Environment and Sustainable Development. Any publication issuing from the study of the sample component of genetic heritage provided shall explicitly acknowledge the source of the material and recognize the Provider Institution. A copy of the publication in question shall be sent to the Provider Institution and to the Argentine Ministry of Environment and Sustainable Development.
? Non-compliance with these terms shall entail the applicable statutory sanctions.
? The headquarters of the Provider Institution shall be a competent forum for the settlement of disputes between the Institutions Parties to this agreement.
? Independently of the renewal of this Agreement, the commitments in respect of the material transferred under these terms shall survive indefinitely.

Existing Guidelines and Codes of Conduct Related to Access and Benefit-Sharing:

In Argentina, Resolution No. 226/2010 of the Ministry of Environment and Sustainable Development (SAyDS) governs and regulates access to genetic resources in order to ensure that the benefits derived from their use are shared fairly and equitably with the providers of said resources in accordance with the Convention on Biological Diversity (National Act No. 24.375). The Resolution covers all genetic material which is representative of biological diversity as defined in Article 2 of the Convention on Biological Diversity and which is collected or obtained by any means for scientific purposes or for research purposes applied to industry or trade, with a view to its import or export.

All information regarding procedures in respect of and compliance with the relevant national regulations is available at www.ambiente.gob.ar/biodiversidad.

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