Common use of Concepts Clause in Contracts

Concepts. The Agreement is adapted to the specific situation of non-commercial research sponsored by public funding. Its basic premise is that the Mutually Agreed Terms, as stipulated in CBD Art 15, are a bilateral contract con- cluded between providers and users, resulting from their fair negotiations on the terms of access and ben- efit sharing. Involved parties are encouraged to take account of each others specific needs and circumstances, reflect- ing on the type of envisaged research (e.g. ecological vs. phytopharmacological research) and the specifics of the research (e.g. difficulties in identifying taxa, sharing 4 INTRODUCTION 3 See: Swiss Academy of Sciences (2010) ABS Program 2003–2010. of material). For the provider, this may include means to monitor the use of genetic resources. We assumed the following basic scenario: ◾ The resources are accessed by a researcher under the lead and responsibility of a research institute. ◾ The research is non-commercial, aiming at providing publicly available results. The results have therefore to be published. ◾ Unexpected research results may trigger reflections towards their utilisation in a commercial context. ◾ Benefits are non-monetary as a rule. They usually accrue during the research process. ◾ Genetic resources might be transferred to third par- ties under a framework of customary cooperation by research institutes. The analysis of research types and access situations car- ried out by the ABS-team led to the following conclu- sions:

Appears in 2 contracts

Samples: www.cbd.int, www.cbd.int

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Concepts. The Agreement is adapted to the specific situation of non-commercial research sponsored by public funding. Its basic premise is that the Mutually Agreed Terms, as stipulated in CBD Art 15, are a bilateral contract con- cluded between providers and users, resulting from their fair negotiations on the terms of access and ben- efit sharing. Involved parties are encouraged to take account of each others specific needs and circumstances, reflect- ing on the type of envisaged research (e.g. ecological vs. phytopharmacological research) and the specifics of the research (e.g. difficulties in identifying taxa, sharing 4 INTRODUCTION 3 See: Swiss Academy of Sciences (2010) ABS Program 2003–2010. of material). For the provider, this may include means to monitor the use of genetic resources. We assumed the following basic scenario: ‚ The resources are accessed by a researcher under the lead and responsibility of a research institute. ‚ The research is non-commercial, aiming at providing publicly available results. The results have therefore to be published. ‚ Unexpected research results may trigger reflections towards their utilisation in a commercial context. ‚ Benefits are non-monetary as a rule. They usually accrue during the research process. ‚ Genetic resources might be transferred to third par- ties under a framework of customary cooperation by research institutes. The analysis of research types and access situations car- ried out by the ABS-team led to the following conclu- sions:

Appears in 2 contracts

Samples: www.cbd.int, bfn.de

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