カメルーンリンベ動植物園非商用利用生物資源供給契約

Agreement for The Supply Of Biological Material for Non-Commercial Use

LIMBE BOTANIC AND ZOOLOGICAL GARDENS (MOUNT CAMEROON BIODIVERSITY CENTRE)

Upon receipt of this Agreement, signed by Recipient below, and because Recipient has agreed to comply with the terms and conditions set forth in this Agreement, LBZG/MCBCC will supply to Recipient Biological Material and associated knowledge requested by Recipient as is, in LBZG/MCBCC’s judgment, reasonable and appropriate.

Such Biological Material and associated knowledge as is supplied to Recipient will be accompanied by a copy of this Agreement, on the reverse of which the Biological Material being supplied (“the Material”) will be itemized in the Notification of Material Transferred.

LBZG/MCBCC, when using its collections, intends 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 laws relating to access and benefit-sharing within Cameroon, including those relating to traditional knowledge.

Biological Material and associated knowledge is supplied on the condition that it is only used for the purpose or purposes agreed with LBZG/MCBCC at the time of application. Recipients of Biological Material will be deemed to have accepted to the following conditions:

1. Subject to clauses 2 and 3 below, Recipient may use the material, any progeny or derivatives thereof (such as modified or unmodified extracts), and associated knowledge, for non-commercial purposes only.

2. Recipient will provide LBZG/MCBCC, the local community and the Cameroon Government with a fair and equitable share of benefits obtained by the Recipient arising out of any utilisation by the Recipient 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, Recipient shall acknowledge LBZG/MCBCC in all research publications resulting from the use of the Material. Access to all biological material and associated data lodged in Recipient Institution and supplied by LBZG/MCBCC will be facilitated for any Cameroonian researcher or student.

3. Recipient may not commercialise (for definition of terms see the attached 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 Recipient wishes to use the genetic resources or its derivatives for purposes (such as commercial use) other than those allowed by the terms and conditions under which the material was originally acquired, the Recipient must obtain the written permission of LBZG/MCBCC and specify in writing the terms and conditions of use, including fair and equitable benefit sharing as set out in LBZG/MCBCCs policy. Any commercialisation to which LBZG/MCBCC agrees will be subject to a separate agreement between Recipient, LBZG (MCBCC) and the relevant Ministry of the Republic of Cameroon.

4. Recipient may not transfer the material, associated knowledge, or any progeny or derivatives thereof to any third party other than Recipient or LBZG (MCBCC) without the prior informed consent, in writing, of LBZG/MCBCC, and then only under a legally binding written agreement containing terms and conditions no less restrictive than those contained in this Agreement unless otherwise agreed in writing by LBZG/MCBCC.

5. LBZG/MCBCC makes no representation or warranty of any kind, either express or implied:
? as to the identity, safety, merchantability or fitness for any particular purpose of the Material or its progeny or derivatives or that
? the Material provided to Recipient under this Agreement is or will remain free from any further obligation to obtain prior informed consent from, to share benefits with or to comply with restrictions on use imposed by the Cameroon Government.

Recipient will indemnify LBZG/MCBCC from any and all liability arising out of the Material, its progeny or derivatives and their use.

6. 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, Recipient will cease use of supplied Material and Knowledge until the dispute is settled according to agreed criteria.

7. This Agreement is governed by and shall be construed in accordance with the Republic of Cameroon law.

Declaration

I understand that any Material supplied to me by 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:………………………………….

Date:
Signed by:
[DEPARTMENT HEAD, LBZG/MCBCC]
Date:

Signed by:
[POLICY UNIT COORDINATOR, LBZG/MCBCC]
Date:
?

The following Material is transferred between LBZG/MCBCC and ________________________ in accordance with the terms and conditions of the Agreement for the Supply of Biological Material for Non-Commercial Use, between _________________ and _________________, dated _________________________ 200(1).

By signing this Notification of Transfer, LBZG/MCBCC and ____________________ confirm that the Material has been collected, will be used, and is being transferred in accordance with all applicable laws and regulations, permits, prior informed consents and/or licenses. Copies of permits for Material transferred are attached to this document.

Type of material supplied:

Purpose for which material is supplied:

SIGNED BY: DATE:

Name:

Title:

For and on behalf of [RECIPIENT INSTITUTION]:

Address of Institution:

SIGNED BY: DATE:

Name:

Title:

For and on behalf of LBZG/MCBCC

A signed copy of this document will be forwarded by LBZG/MCBCC with each consignment of Material. Upon receipt of the Material, _____________________________ will countersign this copy and return it to LBZG/MCBCC as acknowledgement of receipt under the terms of this Agreement

NOTIFICATION OF MATERIAL TRANSFERRED

The following Material is transferred between ________________________ and LBZG/MCBCC in accordance with the terms and conditions of the Agreement for the Acquisition of Biological Material for Non-Commercial Use, between _________________ and _________________, dated _________________________ 200(1).

By signing this Notification of Transfer ____________________ hereby confirms that the Material has been collected and is being transferred to LBZG/MCBCC in accordance with all applicable laws and regulations, permits, prior informed consents and/or licenses.

Type of material supplied:

Purpose for which material is supplied:

SIGNED BY: DATE:

Name:

Title:

For and on behalf of (Name of Collaborating/Supplying Institution):

Address of Institution:

SIGNED BY: DATE:

Name:

Title:

For and on behalf of LBZG/MCBCC

A signed copy of this document will be forwarded to LBZG/MCBCC with each consignment of Material. Upon receipt of the Material, LBZG/MCBCC will countersign this copy and return it as acknowledgement of receipt under the terms of this Agreement.

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