ipr prakash
TRANSCRIPT
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welcome
welcome
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welcome
BY
PRAKASH K.N
PALB-1101
DEPT. OF AGRIL. ECONOMICS UAS(B)
Presentation on material
transfer agreement
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What is material transfer agreement?
A Material Transfer Agreement (MTA) is a contractthat governs the transfer of tangible research materialsbetween two organizations, when the recipient intends
to use it for his or her own research purposes.
http://en.wikipedia.org/wiki/Contracthttp://en.wikipedia.org/wiki/Contract -
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The MTA defines the rights of the provider
and the recipient with respect to thematerials and any derivatives.
Biological materials, such as reagents, cell
lines, plasmids, and vectors, are the mostfrequently transferred materials, but MTAs
may also be used for other types of materials,
such as chemical compounds and even sometypes of software.
http://en.wikipedia.org/wiki/Biological_materialhttp://en.wikipedia.org/wiki/Reagenthttp://en.wikipedia.org/wiki/Cell_linehttp://en.wikipedia.org/wiki/Cell_linehttp://en.wikipedia.org/wiki/Plasmidhttp://en.wikipedia.org/wiki/Plasmidhttp://en.wikipedia.org/wiki/Cell_linehttp://en.wikipedia.org/wiki/Cell_linehttp://en.wikipedia.org/wiki/Reagenthttp://en.wikipedia.org/wiki/Biological_material -
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Three types of MTAs are most common at
academic institutions
1. Transfer between academic or research
institutions.
2.Transfer from academia to industry.
3. Transfer from industry to academia.
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The present Material Transfer Agreement (hereafter
referred to as MTA) is a Material Transfer Agreement
referred to in the check list of Elements for MTA (Annexure 2of ICAR Guidelines for Intellectual Property Management and
Technology Transfer/Commercialization, 2006)
For exchange of seed and planting material / agriculturalinnovations / products / formulations / farm implements or
equipments.
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Within India, not covering persons as described inSection 3(2) of the Biological Diversity Act, 2002 (18 of
2003) (BDA).
Within India, wholly or partly covering persons as
described in Sec. 3(2) of BDA.
Outside India, with Members of the International Treatyfor Food and Agriculture (ITPGRFA), and wholly or partly
covering persons as described in Sec. 3(2) of BDA.
Outside India, with Non-Members of ITPGRFA, and
wholly or partly covering persons as described in Sec. 3(2)
of BDA.
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The mandate and/or general objectives
The Provider has the mandate to
(1) coordinate multilocation testing at nationallevel,
(2)conduct strategic and applied research with
special emphasis on irrigated rice,
(3) coordinate and monitor research networks,
(4) serve as a major centre for exchange of
research material & information,
(5) impart training and develop extension
mechanisms for transfer of technology.
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Recipient has the mandate ofThe parties of theAgreement hereby agree as follows
Public Sector organization/SAU/NGO/Private sectormultinational company/Private Indian company.
Description of material:Germplasm/Breeding lines/Parental Lines of hybrids/Release
varieties/ Hybrids (as per thelist attached)Confidentiality:Unless authorized in writing by the provider, the recipient wil
not provide to any third party,any material and/or of such
information related to use of the material which is provided
to the recipientby the provider.
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Permitted uses of the material
The recipient would use the material provided solely forresearch / breeding production /extension purpose and in
case any further derivation has been effected, it is binding
on the recipient totake prior informed consent (PIC) in
writing received from the provider towards benefit
sharing.
The recipient will not distribute the material to any otherparty without the prior approval fromthe provider.
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IPR over the material, its products and derivatives.
The recipient shall not claim intellectual property
rights over the materialsreceived/accessed over its
related information without prior written approval of
the NBA/MoEF/ICAR/DARE, Government of India as thecase may be.
The products developed from the material,
derivatives thereof or their use shall not be
commercialized without a written consent from theprovider.
It is to be understood that no right to a license is
given or implied by this agreement.
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Benefit sharing:
If the supplied material leads to any results / productsworth commercialization.
The intellectual property protection or benefit sharing in
respect of derivatives of the material(s) received/accessed,
where applicable, shall be as per the Indian
IPR/Biodiversity laws.
The terms for benefit sharing may be both monetory
and/or non-monetory (as per Annexure 2 of ICAR
Guidelines for Intellectual Property Management and
Technology Transfer/Commercialization (2006))
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Monetary benefits may include any one or more than one ofthe following
Fees, UP-front payment, Milestone payment, Royalty
payment, License fees in case of commercialization, Salaries
and preferential terms where mutually agreed, Researchfunding, Joint ventures, Joint ownership of relevant IPRs etc.
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Similarly non-monetary benefits include any one or more
than any one of the following
Sharing of research results, Collaboration, Cooperation andcontribution in scientific/R&D programmes, Education and
training, Participation in product development, Strengthening
capacity for technology transfer.
Institutional capacity building, Access to relevant scientific
information including inventories and databases,
Research directed towards priority needs, e.g. food and
nutritional security, Joint ownership of relevant IPR.
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Elements/Clauses that may survive beyond the MTA
The MTA may be renewed by the provider and the
recipient based on review of results forproduct
development sharing of research results, furthercollaboration for research on priority areasbased on
negotiations and license fees in case of commercialization,
joint ventures and joint ownershipof relevant IPRs etc.
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Transfer to Third Party.The material provided will not be further distributed to
others without prior informed consentin writing.
The recipient shall refer any request for the material to
the provider and based onnegotiations on a case by case
basis, the provider may give a third party MTA for sharing
the material.
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Duration of AgreementThe duration of agreement would be initially for five years
for continued transfer of material.
The term(s) of the agreement may be revised within the
agreement period by the provider.
Therecipient is always obliged to notify to the provider
beyond the duration of agreement when there is aprospect
for commercialization of material or its improved version by
the recipient.
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Notice for terminating the agreement
The agreement can be terminated with a notice of 30
days, in cases where the material has not
been physically transferred.Dispute settlementIn case of any dispute arisen, provision of arbitration
will be made. Arbitrator will be appointed by Secretary,
DARE,Government of India.
Choice of law/jurisdiction
In the event of dispute Indian law would prevail and the
jurisdiction would be Delhi HighCourt. The Material is
provided conditionally on acceptance of the terms of this
Agreement.
The Arbitration proceedings shall be governed by the
Arbitration and Conciliation Act, 1996.
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The recipient agrees to hold the entire responsibility for the
quarantine/SPS clearance of the material accessed as
specified herein above.
The recipient shall abide by the biosafety guidelines of -------
------(Name of the importing country/ organisation) and shall
not hold NBPGR/ICAR/DARE, Government of India
responsible for any identity/quality/ viability/ purity/
quarantine/ biosafety related matter/hazard that may be
attributable to the release of genetic material/ resourceaccessed as specified in this Agreement.
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The recipient agrees to hold entire responsibility for
the importer/ indenting country's biosafety and other
related hazards due to release of genetic material.
The recipient agrees waive all claims against
NBPGR/ICAR/DARE, Government of India and to defend
and indemnify them from all claims anddamages/recoveries arising from the use, storage or
handling of the material.
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The material given by the provider is experimental in
nature and is given without any warrantyor guarantee
with respect of its performance or fitness for anyparticular purpose or to thecompleteness or accuracy of
any information related to the material.
The provider is not responsiblefor supply of material in
case of loss due to unforeseen situations such as drought,
floods, fire etc.
AGREED RECIPIENT PROVIDER
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AGREEDRECIPIENT PROVIDER
Authorised Officers
Name:
Designation:
Organization/Institute/University Address:
Signature:Date:
Authorised Officers
Name:
Designation:
Organization/Institute/University Address:
Signature:Date:
Recipient Scientist/Persons
Name:
Designation:
Organization/Institute/University Address:
Signature:Date:
Provider Scientist/Persons
Name:
Designation:
Organization/Institute/University Address:
Signature:Date:
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Thank you
Th k