Restricted License for non-profit purposes of the National Agricultural Research Institute (INIA) Uruguay

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,, 0574800, 05748012



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)


Xxxxx xxxxx











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

Signature: Signature
Name: Name:
Place and Date: Place and Date:


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