Agreement on Conditions for Access to the LBZG/MCBCC Databases
LIMBE BOTANIC AND ZOOLOGICAL GARDENS (MOUNT CAMEROON BIODIVERSITY CONSERVATION CENTRE)
Cameroon is a signatory of the Convention on Biological Diversity (CBD) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In using its collections and databases, LBZG/MCBCC intends to honour the letter and spirit of these conventions, and other international, regional and national laws and policies concerning the conservation and sustainable use of biological diversity, access and benefit-sharing, and the protection of traditional knowledge.
LBZG/MCBCC has compiled valuable taxonomic and associated data for the South West Province in general, and Mount Cameroon area in particular. This data includes that held within Herbarium, Living Collections, Wildlife, and Socioeconomic databases. LBZG/MCBCC recognizes the value of sharing data in order to further scientific understanding and promote the conservation of biodiversity in the region. It seeks, therefore, to place only minimum restrictions on the use of this information, but wishes to ensure that this use is in accordance with international and national law, and is done with proper integrity and acknowledgement of the source.
The objective of this Agreement is to define terms and conditions for transparent and effective collaboration between LBZG/MCBCC and individuals and institutions that wish to access LBZG/MCBCC databases.
1. The data supplied will only be used for the purpose or purposes given in an application letter submitted to LBZG/MCBCC.
2. Recipient will provide LBZG/MCBCC, local communities and the Cameroon Government with fair and equitable sharing of benefits arising out of any utilisation by the recipient of the data or its derivatives, 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).
3. LBZG/MCBCC and relevant staff will be acknowledged as the source of data in publications, presentations and other output referring to or utilising the data, and the databases will be cited appropriately as a source in texts and bibliographies. LBZG/MCBCC will be given sufficient notice of any planned use of LBZG/MCBCC data in publications or in support of activities involving Third Parties so that permission to use LBZG/MCBCC data may be withheld when such activities are not considered to comply with the objectives of LBZG/MCBCC.
4. Recipient may not use the data for commercial purposes. If at any point in the future recipient wishes to use the data supplied for commercial purposes, recipient must first obtain the written permission of LBZG/MCBCC. Any proposed commercial applications and use of this data to which LBZG/MCBCC agrees will be subject to a separate agreement between recipient and LBZG/MCBCC, and subject to approval from the Government of Cameroon.
5. Recipient may not transfer the data to any third party other than recipient or LBZG/MCBCC without the prior informed consent, in writing, of LBZG/MCBCC and then under a legally binding written agreement containing terms no less restrictive than those contained in this Agreement, unless otherwise agreed in writing by LBZG/MCBCC.
7. This Agreement will be subject to review one year after taking effect. In the event of disputes over the use of Material or Associated Knowledge, Recipient will cease use of supplied data until the dispute is settled according to agreed criteria.
8. This Agreement is governed by and shall be construed in accordance with the Republic of Cameroon law.
I understand that any Data 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:………………………………….
[DEPARTMENT HEAD, LBZG/MCBCC]
[POLICY UNIT COORDINATOR, LBZG/MCBCC]
NOTIFICATION OF DATA AND INFORMATION TRANSFERRED
The following Data and Information is transferred between LBZG/MCBCC and ________________________ in accordance with the terms and conditions of the Agreement on Conditions for Access to the LBZG/MCBCC Databases, dated _________________________ 200(1).
Type of Data/Information Supplied:
Purpose for which data/information is supplied:
SIGNED BY: DATE:
For and on behalf of [RECIPIENT INSTITUTION]:
Address of Institution:
SIGNED BY: DATE:
For and on behalf of LBZG/MCBCC