Available without restriction definition

Available without restriction a Product is considered to be available without restriction to others for further research and breeding when it is available for research and breeding without any legal or contractual obligations, or technological restrictions, that would preclude using it in the manner specified in the Treaty.
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Available without restriction means that a PGRFA is available for research and breeding «without any legal or contractual obligations, or technological restrictions, that would preclude using it in the manner specified in the Treaty.» Therefore, the concepts that underpin the notion of «access restrictions» that identify the product base on which benefit-sharing payments should be calculated deserve further elaboration. The following options provide categories of products, whose commercialization could be (separately or cumulatively) considered to trigger benefit-sharing payments under a revised SMTA, namely:
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Available without restriction a Product is considered to be available without restriction to others for further research and breeding when it is available for research and breeding without any legal or contractual obligations, or technological restrictions, that would preclude using it in the manner specified in the Treaty. “Genetic material” means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. “Governing Body” means the Governing Body of the Treaty. “Multilateral System” means the Multilateral System established under Article 10.2 of the Treaty. “Plant genetic resources for food and agriculture” means any genetic material of plant origin of actual or potential value for food and agriculture. “Plant Genetic Resources for Food and Agriculture under Development” means material derived from the Material, and hence distinct from it, that is not yet ready for commercialization and which the developer intends to further develop or to transfer to another person or entity for further development. The period of development for the Plant Genetic Resources for Food and Agriculture under Development shall be deemed to have ceased when those resources are commercialized as a Product. “Product” means Plant Genetic Resources for Food and Agriculture that incorporate the Material or any of its genetic parts or components that are ready for commercialization, excluding commodities and other products used for food, feed and processing. “Sales” means the gross income resulting from the commercialization of a Product or Products, by the Recipient, its affiliates, contractors, licensees and lessees. “To commercialize” means to sell a Product or Products for monetary consideration on the open market, and “commercialization” has a corresponding meaning. Commercialization shall not include any form of transfer of Plant Genetic Resources for Food and Agriculture under Development. --------------脚注------------- * 必要なら挿入する。シュリンクラップ及びクリックラップ方式の標準材料移転契約には適用しない。 シュリンクラップ方式標準材料移転契約とは、標準材料移転契約の写しが契約材料のパッケージに入っており、受領者がその契約材料を受け取ったことにより標準材料移転契約の条件に合意したこととなる契約をいう。 クリックラップ方式標準材料移転契約とは、インターネット上で合意が成立する契約であり、受領者はウェブサイト又は標準材料移転契約の電子文書中のそれぞれに見合ったしかるべきアイコンをクリックすることにより標準材料移転契約の条件に合意したことになる契約をいう。 2. 定 義 以下に本契約における語彙の定義を示す。 「制限なく利用できる」とは、成果物が、条約に定められている方式での使用を妨げるような法律上又は契約上の義務もしくは技術的な制限なく試験研究及び育種に利用できる場合、当該成果物は、他の者が更なる試験研究及び育種に制限なくで利用できると考えられる。 「遺伝材料」とは、生殖繁殖性及び栄養繁殖性の材料など、遺伝の機能的単位を持つ植物由来のすべての材料をいう。 「締約国理事会」とは、条約の締約国理事会をいう。 「多国間システム」とは、条約第10 条2 項の下...
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More Definitions of Available without restriction

Available without restriction a Product is considered to be available without restriction to others for further research and breeding when it is available for research and breeding without any legal or contractual obligations, or technological restrictions, that would preclude using it in the manner specified in the Treaty. “Genetic material” means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity.
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Available without restriction means "the ability to work on a product for purposes of research and breeding, without any legal or contractual obligation or biotechnological or technological restriction impeding the use of this product or any future product in the manner specified in the Treaty". Explanatory note: we understand, at least under the protection system of the ‘breeder's right’, that a variety (material), even with IPR protection, can be used for research and breeding purposes without the need for any authorization from the owner of the variety. Such is the determination of the UPOV ACT of 1978, an exception that was maintained in the UPOV ACT of 1999 under "Exceptions to the Breeder's Right". 7. Paragraph 4.1. (Subject matter of the material transfer agreement/material to be transferred). We propose the following amendment: "The subject of this Agreement is the transfer from Provider to Recipient of: the plant genetic resources for food and agriculture specified in Appendix 1 of this Agreement (hereinafter referred to as the "Material") and the related information referred to in Appendix 1, subject to the terms and conditions set out in this Agreement". 8. Paragraph 5. (General provisions). We propose that the general provisions remain in the MTA. 9. Paragraph 6.1a: (Rights and obligations of the provider). With regard to the need to track the individual accessions, the following should be added: "unless protected by intellectual property rights". 10. Paragraph 6.2: (Rights and obligations of the provider). With regard to Article 12.3h of the Treaty and its inclusion in this part of the SMTA: we suggest that this should not be included in the SMTA but dealt with by the Governing Body. 11. Paragraphs 6.3 to 6.5: (Rights and obligations of the provider). We suggest with regard to Articles 13.2a, 13.2b(i) and 13.2b(iii) of the Treaty that these concepts be deleted from this part of the MTA and that they be reflected in the Preamble.
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Available without restriction a Product is considered to be available without restriction to 25 others for further research and breeding when it is available for research and breeding without any 26 legal or contractual obligations, or technological restrictions, that would preclude using it in the 27 manner specified in the Treaty. 28
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Related to Available without restriction

  • Put Restriction means the days between the beginning of the Pricing Period and Closing Date. During this time, the Company shall not be entitled to deliver another Put Notice.

  • Investment Restrictions means the investment restrictions of the Fund as set forth in the Declaration of Trust including, without limitation, those described in section 2.0 of this Annual Information Form.

  • Disqualified Stock Dividends means all dividends with respect to Disqualified Stock of the Company held by Persons other than a Wholly Owned Subsidiary. The amount of any such dividend shall be equal to the quotient of such dividend divided by the difference between one and the maximum statutory federal income tax rate (expressed as a decimal number between 1 and 0) then applicable to the Company.

  • SEC Restrictions has the meaning set forth in Section 2(b).

  • Internal lot restriction means a platted note, platted demarcation, or platted designation that:

  • Additional Stock means any shares of Common Stock issued (or deemed to have been issued pursuant to subsection 4(d)(i)(E)) by this corporation on or after the Filing Date other than:

  • Company Restricted Stock means all shares of Company Common Stock, subject to vesting or other restrictions, whether granted pursuant to the Company Stock Plans or otherwise.

  • Payment Restriction has the meaning set forth in Section 4.14.

  • Reverse Stock Split means a reverse stock split of the outstanding shares of Common Stock that is effected by the Company’s filing of an amendment to its certificate of incorporation with the Secretary of State of the State of Delaware and the acceptance thereof.

  • Preferred Stock Equivalents shall have the meaning set forth in Section 11(b) hereof.

  • Company Restricted Shares Section 2.4(c)

  • Unrestricted Stock means an Award pursuant to Section 11 hereof.

  • Stock Equivalents means all securities convertible into or exchangeable for Stock and all warrants, options or other rights to purchase or subscribe for any Stock, whether or not presently convertible, exchangeable or exercisable.

  • Excluded Stock and Stock Equivalents means (i) any Stock or Stock Equivalents with respect to which, in the reasonable judgment of the Collateral Agent (confirmed in writing by notice to the Borrower), the cost or other consequences (including any adverse tax consequences) of pledging such Stock or Stock Equivalents in favor of the Secured Parties under the Security Documents shall be excessive in view of the benefits to be obtained by the Lenders therefrom, (ii) solely in the case of any pledge of Stock and Stock Equivalents of any Foreign Subsidiary or any Domestic Subsidiary substantially all of the assets of which consist of Stock or Stock Equivalents of Foreign Subsidiaries to secure the Obligations, any Stock or Stock Equivalents of any class of such Foreign Subsidiary or such Domestic Subsidiary in excess of 65% of the outstanding Stock or Stock Equivalents of such class (such percentage to be adjusted upon any Change in Law as may be required to avoid adverse U.S. federal income tax consequences to the Borrower or any Subsidiary), (iii) any Stock or Stock Equivalents to the extent the pledge thereof would violate any applicable Requirement of Law, (iv) in the case of (A) any Stock or Stock Equivalents of any Subsidiary to the extent such Stock or Stock Equivalents are subject to a Lien permitted by Section 10.2(h) or (B) any Stock or Stock Equivalents of any Subsidiary that is not wholly-owned by the Borrower and its Subsidiaries at the time such Subsidiary becomes a Subsidiary, any Stock or Stock Equivalents of each such Subsidiary described in clause (A) or (B) to the extent (1) that a pledge thereof to secure the Obligations is prohibited by any applicable Contractual Requirement (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code or other applicable law), (2) any Contractual Requirement prohibits such a pledge without the consent of any other party; provided that this clause (2) shall not apply if (x) such other party is a Credit Party or wholly-owned Subsidiary or (y) consent has been obtained to consummate such pledge (it being understood that the foregoing shall not be deemed to obligate the Borrower or any Subsidiary to obtain any such consent) and for so long as such Contractual Requirement or replacement or renewal thereof is in effect, or (3) a pledge thereof to secure the Obligations would give any other party (other than a Credit Party or wholly-owned Subsidiary) to any contract, agreement, instrument or indenture governing such Stock or Stock Equivalents the right to terminate its obligations thereunder (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code or other applicable law) and (v) any Stock or Stock Equivalents of any Subsidiary to the extent that (A) the pledge of such Stock or Stock Equivalents would result in adverse tax consequences to the Borrower or any Subsidiary as reasonably determined by the Borrower and (B) such Stock or Stock Equivalents have been identified in writing to the Collateral Agent by an Authorized Officer of the Borrower.

  • Awarded Stock means the Common Stock subject to an Award.

  • Applicable Stock means (i) the Company’s presently authorized series of preferred stock specified in the introductory paragraph of this Warrant, (ii) after the conversion of all of the outstanding shares of such series of preferred stock into Common Stock, either automatically or by vote of the requisite holders thereof, the Company’s Common Stock, and (iii) upon any conversion, exchange, reclassification or change, any security into which the securities described in clauses (i) or (ii) of this definition may be converted, exchanged, reclassified or otherwise changed.

  • Inconvertibility Event means the occurrence, as determined by the Calculation Agent in its sole and absolute discretion, of any action, event or circumstance whatsoever which, from a legal or practical perspective:

  • Stock Dividend has the meaning set forth in Section 5(a)(i)(A).

  • Deferred Issuance and Distribution has the meaning assigned to such term in the Partnership Agreement.

  • Company Restricted Share means each restricted share of Company Common Stock outstanding as of the Effective Time granted pursuant to any equity or compensation plan or arrangement of the Company.

  • Unrestricted Shares means a grant of Shares made on an unrestricted basis pursuant to Section 13 of the Plan.

  • Dividend Parity Stock means any class or series of stock of the Corporation that ranks on a parity with the Series E in the payment of current dividends, including the Series A, the Series B, the Series C and the Series D.

  • Stock Split means any kind of stock split in relation to the Shares, including a free share distribution to the holders of Shares, a stock dividend or a sub-division of Shares;

  • Applicable Securities Law means (i) with respect to any offering of securities in the United States of America, or any other act or omission within that jurisdiction, the securities law of the United States, including the Exchange Act and the Securities Act, and any applicable law of any State of the United States, and (ii) with respect to any offering of securities in any jurisdiction other than the United States of America, or any related act or omission in that jurisdiction, the applicable laws of that jurisdiction.

  • Merger Without Assumption provisions of Section 5(a)(viii) will apply to Party A and will apply to Party B.

  • Available Securities means the securities of the Funds that are available for Loans pursuant to Section 3.