Preamble
This Material Transfer Agreement (referred to hereafter as the
'MTA') governs the terms and conditions under which the Centro
Internacional de Agricultura Tropical (international organization
founded by the International Bank for Reconstruction and Development
and the United Nations Programme for Development, affiliated
to the Consultative Group on International Agricultural Research
(CGIAR), and referred to hereafter as 'CIAT') is making available
to the institution to which the recipient is affiliated (referred
to hereafter as the 'Recipient') the plant germplasm described
in the attached list. "The parties" refer to both
CIAT and the Recipient.
CIAT is making the described plant germplasm available as
part of its goal of maximizing the utilization of breeding
and bred materials resulting from its breeding and research
activities on its mandated crops. CIAT desires to ensure that
its breeding and bred materials remain in the public domain,
while making sure that due credit is given to CIAT for providing
them. According to its mission and policy on intellectual
property, CIAT may celebrate with recipients specific contracts
for the prompt diffusion of elite materials or other research
purposes.
Terms
and Conditions
Article
1. This Material Transfer Agreement is an agreement between
the two institutions: CIAT and that of the recipient. The
attached description of the plant material is full part of
this MTA.
Art. 2. The plant germplasm material described herein, and
referred to hereafter as "the material", is part
of breeding and bred materials developed by CIAT for its mandated
crops through its research activities. The material has been
obtained through effective and substantial backcrossing or
has ¼ or more of its lineage different from plant germplasm
accessions, the access of which is regulated either through
the Food and Agriculture Organization of the United Nations
(FAO)-CGIAR agreement on in-trust collections signed on 26
October 1994, or by the United Nations Convention on Biological
Diversity.
Art. 3. CIAT is distributing the material described herein
for purposes of research only, such as agronomy, biology,
plant breeding, or training. The Recipient shall provide CIAT
with the results of evaluations performed on this material.
CIAT may, on mutually agreed terms, include this information
in the respective databases that are in the public domain.
Should the Recipient publish results of studies on this material
or use it for research or training purposes, acknowledgement
shall be given to CIAT.
Art. 4. The Recipient shall not claim legal ownership over
the material received nor seek intellectual property protection
under any form over that material, its genetic parts or components,
and related information. The Recipient shall not transfer
the original material referred to in this MTA, or any copy
or part of it, nor its information to a third party without
obtaining written authorization from CIAT beforehand. CIAT
reserves the right to expressly authorize the transfer of
the material to the third party, or deal separately with the
third party as another recipient.
The Recipient, or whatever third party to whom the original
material has been distributed under the terms of this MTA,
shall provide CIAT with a written report about the use of
the original material, so enabling CIAT to evaluate impact
of the material.
Art. 5. The Recipient may claim intellectual property protection
on the products of breeding activities involving this material
through plant variety protection that is consistent with the
provisions of the UPOV (Union Internationale pour la Protection
des Obtentions Végétales), and that does not
preclude other parties different from the Recipient from using
the original material listed in this MTA in their own breeding
activities. In planning to claim intellectual property protection
on the products of his/ her own breeding work with the material
listed in this MTA, the Recipient shall beforehand inform
CIAT of any such intention. In claiming intellectual property
protection on the products of his/ her own breeding work,
the Recipient shall make sure that the material to be protected
has ¼ or more of its lineage different from the plant
germplasm material described herein, or has been obtained
through effective and substantial backcrossing.
Art. 6. The obligations of the Recipient mentioned in this
MTA extend to both the sexual and asexual progeny of this
material. CIAT's rights over the material and Recipient's
obligations with respect to the material shall extend over
the same period as recognized for protected plant materials
in the country of use of the material. This period shall start
from the date of shipment of the material by CIAT if the material
is accepted and kept by the Recipient.
Art. 7. In case the Recipient intends to commercialize this
material, the Recipient shall beforehand obtain formal authorization
from CIAT of any such commercialization. CIAT shall thus celebrate
a contract specifying the terms and conditions of that commercialization.
Art. 8. CIAT is distributing this germplasm material with
all pertinent description data to the extent possible, and
under the phytosanitary liability as described in the phytosanitary
certificate that goes with the material. CIAT however makes
no full warranty as to the title or the safety of this material.
Although CIAT has checked the information provided to the
extent possible, CIAT does not guarantee either the accuracy
or correctness of the description data provided with this
material, nor its phytosanitary condition. The Recipient assumes
full responsibility for complying with the Recipient nation's
biosafety regulations and rules as to import or release genetic
material.
CIAT shall not be responsible for the use of the material
referred to in this MTA by the Recipient. CIAT shall not be
responsible for claims or challenges presented by third parties
or institutions in any country against the Recipient, in relation
to either the material referred to in this MTA or rights over
the material.
Art. 9. The material is supplied by CIAT expressly conditional
on acceptance of the terms of this MTA and its obligations
by the Recipient. The Recipient's acceptance of the material
constitutes acceptance of the terms of this agreement. The
Parties shall attempt in good faith to resolve any dispute
arising out of or relating to this MTA by negotiation, followed,
if necessary, by mediation by such third party as the Parties
may choose. Disputes that have not been settled within 120
(one hundred twenty) days from receipt of complaint in this
fashion shall be finally settled under the Rules of Conciliation
and Arbitration of the International Chamber of Commerce by
one arbitrator appointed in accordance with said Rules. The
arbitration in Law shall take place in Bogotá, Colombia,
in Spanish, unless otherwise agreed by the Parties.
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