Contracts Database: Contract Summaries

Subject matter

Plant Genetic Resources.

Summary of use(s)

Canada provides the Material as part of its policy of maximizing the utilization of genetic material for research. The Recipient may reproduce the seed and use the material for agricultural research and breeding purposes only. If, after evaluation, the Recipient wishes to commercialise the line, it may do so under a separate licensing agreement.

Purpose or background

This MTA relates to early access to Material with specific traits to be used for variety development, using only traditional breeding methods. Transgenic modification of the material (constituting essential derivation), and gene mining, are outside the scope of this MTA.

Traits may include unprotected genes, either uncharacterized, or identified with markers. Once a variety is released, access is no longer an issue, and only the provisions of the Plant Breeders? Rights Act will effect protection, as appropriate. The inclusion of AAFC patented genes in the final product will still require a license. Proprietary genes are specifically excluded from this policy.

Breeders receiving AAFC germplasm are expected to reciprocate. A more stringent MTA will apply to other situations. Foreign public breeders and all private sector breeders will require a MTA with clear non-exclusive licensing provisions for the end product. Access to material for all other purposes (e.g. essential derivation, gene mining, and genetic engineering) may be restricted, and subject to a more stringent MTA.

Text of Contract or Questionnaire

English

Contact details

Darren Ramlal, Commercialization Officer, Agriculture and Agri-Food Canada, 195 Dafoe Road, Winnipeg, Manitoba, R3T 2M9.
E-mail: Dramlal@agr.gc.ca
Telephone: 204-984-5707; Fax: 204-984-0797

Intellectual Property Related Clauses

Other Clauses

Applicable Law

Practical Advice