PURE COMMERCIAL. You envision commercial use for all the genetic resources accessed and you decide to negotiate the benefit sharing conditions for commercial use upon the access of the genetic resources. In this case only use article 4.3. (and delete articles 4.2 and 4.4.). By signing the agreement the provider country (1) gives the research consortium permission to sample in its waters and (2) enters into a partnership resulting in following automatic benefits for the provider country: • access to scientific results through open-access integrated databases • monetary benefits in case of proprietary use • benefits from legal certainty provided by the agreement • affiliation to a major international scientific bioinformatics network Additional benefits can be negotiated with the provider country relating to sampling, data analysis and management: • mentoring of the provider country scientists by Micro B3 scientists • participation of the provider country scientists in research activities related to the sampling activity and its analysis • participation of the provider country scientists in training for capacity building on bioinformatics, data management and data analysis • sample archiving for defined period of time • support for fund rising for sequencing, for finding sequencing partners and long-term archive partners The Micro B3 ABS model agreements also contain a viral license clause for improved monitoring of material transfer and data transfer to third parties. The viral licence concept means that the ABS contract travels with the resource and the data upon transfer. The Micro B3 model ABS agreements offer a viral license clause in article 5. This clause grants that all the obligations of the initial agreement will be imposed on subsequent use of the materials and the produced data when transferred. When the viral licence clause is used, then the scientist/scientific institution is allowed to transfer the material to third parties if they sign a new contract in which they commit themselves to respect the conditions of the initial ABS agreement. Every transfer to new third parties would require the signature of an MTA that makes the initial ABS agreement binding, to which the initial ABS should be attached as Annex. At each transfer however, according to the Nagoya Protocol, consent is required from the competent national authority in the provider country (Prior Informed Consent). Here two situations can be distinguished: • If you use the viral licence clause, a notif...
PURE COMMERCIAL. The recipient envisions commercial uses for all the genetic resources accessed and decides to negotiate the benefit sharing conditions for commercial uses upon the access of the genetic resources. In this case only article 4.3. if the model contract applies (delete articles 4.2 – 4.4). Core benefits By signing the agreement, the provider country gives the research consortium the permit to sample in its seas and enters into a partnership. In such partnership some mutual benefits are automatically included and others can be decided/negotiated while signing the agreement (in the specific conditions of article 4). These benefits are summarized below: Automatic benefits from the contract (for the Provider country) Access to scientific results and data through open access integrated databases Additional monetary benefits in case of proprietary use as specified in the contract Benefits from the legal certainty provided by the agreement Be part of a major international scientific bio-informatics network List of additional specific benefit-sharing items which can be agreed on upon accessing the sample in the specific provisions of article 10 Related to the sampling Mentoring of provider country scientists by MICRO B3 project scientists that provide information and training on sampling and sampling processing Participation of the provider country scientists in all the scientific research activities on the boat and on land related to the sampling activity and its analysis Archiving of the sampling for a certain period of time Possible support for finding sequencing partners/preferred long-term archive partners Related to the processing Possible collaboration with Argon national lab/other Support in fund raising from national funding agencies for sequencing (as an option, for a limited number of samples, additional support from the MICRO B3 consortium can be envisioned when there are major capacity gaps) Related to data management and integration and access Possible participation in training for capacity building on bioinformatics, data management and data analysis (MICRO B3 summary schools and workshops) Core elements of the MICRO B3 agreement
PURE COMMERCIAL. The recipient envisions commercial uses for all the genetic resources accessed and decides to negotiate the benefit sharing conditions for commercial uses upon the access of the genetic resources. In this case only article 4.3. if the model contract applies (delete articles 4.2 – 4.4).
