Agreement for the Acquisition of Biological Material for Non-Commercial Use
LIMBE BOTANIC AND ZOOLOGICAL GARDENS (MOUNT CAMEROON BIODIVERSITY
LBZG/MCBCC is a semi-autonomous institution whose mission is to provide facilities, information and services to support biodiversity conservation and improve livelihoods in the Mt Cameroon region and beyond.
In their work, LBZG/MCBCC and [COLLABORATOR – NAME OF INSTITUTION SUPPLYING MATERIAL TO LBZG/MCBCC], intend to honour the letter and spirit of the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and other national and international laws on access and benefit-sharing, biodiversity conservation, and protection of traditional knowledge.
1. The objective of this agreement is to ensure that all collections made by [COLLABORATOR] and supplied to LBZG/MCBCC are done according to the best practices outlined in these laws, regulations, and policies.
2. LBZG/MCBCC will only collaborate with, and accept Biological Material from, institutions that meet the Criteria for Suppliers (Section 5.2 LBZG (MCBCC) Policy on Access to Genetic Resources and Benefit-Sharing).
3. LBZG/MCBCC and [COLLABORATOR] will enter into a collaboration in which [COLLABORATOR] supplies LBZG/MCBCC with collections of Biological Material made in the following areas: [PLACE, DIVISION, COUNTRY].
4. [COLLABORATOR] will transfer to LBZG/MCBCC Biological Material and associated knowledge, accompanied by this Agreement, on the reverse of which the Biological Material being supplied (“the Material”) will be itemized in the Notification of Material Transferred. The Material will be transferred pursuant to the terms of this Agreement.
5. The signature of [COLLABORATOR] on this Agreement and Notification of Transfer confirm that:
– [COLLABORATOR] has obtained all necessary permits, prior informed consents and licenses in connection with the acquisition by [COLLABORATOR] of the Material. In addition to acquiring necessary government permits, it is critical that the prior informed consent of local and affected communities has been received.
– [COLLABORATOR] is authorized to acquire and supply the Material to LBZG/MCBCC.
6. LBZG/MCBCC will provide [COLLABORATOR] with a fair and equitable share of benefits obtained by the LBZG/MCBCC arising out of any utilisation by LBZG/MCBCC of the Material or its progeny or Derivatives, or associated knowledge, including benefits such as research results and copies of publications (see Section 9. of the LBZG (MCBCC) Policy on Access to Genetic Resources and Benefit-Sharing for a list of indicative benefits). In addition, LBZG/MCBCC shall acknowledge [COLLABORATOR] in all research publications resulting from the use of the Material. Access to Material collected by [COLLABORATOR] and held at LBZG (MCBCC) will be facilitated for all [COLLABORATING INSTITUTION] staff. For collections made outside of Cameroon, access to Material collected from a particular country will be facilitated for all researchers and students from that country.
6. LBZG/MCBCC may not commercialise (for definition of terms see LBZG (MCBCC) Policy on Access to Genetic Resources and Benefit-Sharing) the material, associated knowledge, or any progeny or derivatives thereof. If at any point in the future LBZG/MCBCC wishes to use the genetic resources or its derivatives for purposes other than those allowed by the terms and conditions under which the material was originally acquired (such as commercial use), LBZG/MCBCC will obtain the written permission of [COLLABORATOR] and specify in writing the terms and conditions of use, including fair and equitable benefit sharing as set out in LBZG (MCBCC)s Policy on Access to Genetic Resources and Benefit-Sharing.
7. In keeping with standard practice for botanical institutions, LBZG/MCBCC may transfer the Material received from [COLLABORATOR], associated knowledge, or any progeny or derivatives thereof to a third party. Third parties must meet the Criteria for Recipients (Section 5.2 LBZG (MCBCC) Policy on Access to Genetic Resources and Benefit-Sharing). The terms of transfer will be no less restrictive than those contained in this Agreement.
8. This Agreement will be subject to review two years after taking effect. In the event of disputes over the use of Material or Associated Knowledge, LBZG (MCBCC) will cease use of supplied Material and Knowledge until the dispute is settled according to agreed criteria.
9. This Agreement is governed by and shall be construed in accordance with the Republic of Cameroon law.
I understand that any Material supplied to LBZG/MCBCC pursuant to this Agreement will be subject to, and I agree to comply with, the conditions above.
Signed by:…………….……………………… Signed by:……………………………
[TITLE, AND RESEARCH INSTITUTION [DIRECTOR, LBZG/MCBCC]
NAME AND ADDRESS] Date:………………………………….
[DEPARTMENT HEAD, LBZG/MCBCC]
[POLICY UNIT COORDINATOR, LBZG/MCBCC]