10. April 2021
1 THE members of the BIO indicate that some use the term „material transfer agreement“ as well as any contract for the collection of genetic resources, the transfer of genetic resources or the transfer of traditional knowledge. However, organic members use the term „material transfer contract“ to refer to a contract whose main purpose is to transfer the possession of genetic resources. The term „bioprospecting agreement“ is used for a contract that is the main objective of collecting genetic resources. The term „confidentiality agreement“ is used for a contract whose main purpose is to protect undisclosed information, such as traditional knowledge, that is transferred from one company to another. These types of contracts may, in appropriate circumstances, be merged into a single contract. These guidelines provide that BIO members would enter into a „bioprospecting agreement“ before collecting or ex situ physical samples of „regulated genetic resources“ on site. This agreement would include the granting of prior informed consent, as well as conditions for the collection and use of regulated genetic resources, including the distribution of benefits. Depending on the type of collection, the agreement could also contain provisions that would transfer the collected physical samples of regulated genetic resources from the supplying party to the BIO member. In addition, a separate agreement could be reached on the transmission of regulated genetic resources after physical samples have been identified or collected.
Comment: The identification of materials for which physical samples are transferred must contain as much as possible: „In accordance with the deed/agreement and taking into account the payment of the consideration in the agreement, and other good and valid counterparties whose receipt and validity is heresy. The Zmittor transmits, transfers, delivers and brings to the agent all the rights, titles and interests of the agent in and towards the patent and: Comment: If the assignor wishes to use the transferred models for purposes other than those listed in paragraph 4.1 above, the purchaser must negotiate a modification of this contract with the contract or contracts sold or negotiate a new agreement. 4.2. The [transfer] [and the post, for which the purchaser acts as agent] returns samples of materials [and genetic resources or other materials produced from these samples] transferred pursuant to Article 3 of this agreement, or these genetic samples and resources or other materials are destroyed, such as the [transferor] when the [transferor] completes the uses covered in paragraph 1 of this article, unless necessary to meet the patent disclosure requirements.