World Intellectual Property Organization

Model Material Transfer Agreement: Consultative Group on International Agricultural Research (CGIAR)

Subject matter

Designated Germplasm

Summary of use(s)

The recipient may reproduce the seed and use the material for agricultural research and breeding purposes and may distribute it to other parties provided the recipient is also willing to accept the conditions of this agreement. This agreement does not prevent the recipient from releasing or reproducing the seed for purposes of making it directly available to farmers or consumers for cultivation, provided that the other conditions set out in the agreement are complied with.

Purpose or background

[Centre] is making the material described in the attached list available as part of its policy of maximizing the utilization of genetic material for research. The material was either developed by [Centre]; or was acquired prior to the entry into force of the Convention on Biological Diversity; or if it was acquired after the entering into force of the Convention on Biological Diversity, it was obtained with the understanding that it could be made freely available for any agricultural research or breeding purposes.

Contact details

CGIAR Secretariat, The World Bank, MSN G6-601, 1818 H Street NW, Washington, DC 20433 United States of America.
E-mail: cgiar@cgiar.org
Tel: (202) 473-8951; Fax: (202) 473-8110

 

The material contained herein is being furnished by [Centre] under the following conditions:

Designated Germplasm

[Centre] is making the material described in the attached list available as part of its policy of

maximizing the utilization of genetic material for research. The material was either developed by [Centre]; or was acquired prior to the entry into force of the Convention on Biological Diversity; or if it was acquired after the entering into force of the Convention on Biological Diversity, it was obtained with the understanding that it could be made freely available for any agricultural research or breeding purposes.

The material is held in trust under the terms of an agreement between [Centre] and FAO, and the recipient has no rights to obtain Intellectual Property Rights (IPR) on the germplasm or related information.

The recipient may reproduce the seed and use the material for agricultural research and breeding purposes and may distribute it to other parties provided the recipient is also willing to accept the conditions of this agreement [1].

The recipient, therefore, hereby agrees not to claim ownership over the germplasm to be received, nor to seek IPR over that germplasm or related information. He/She further agrees to ensure that any subsequent person or institution to whom he/she may make samples of the germplasm available, is bound by the same provision and undertakes to pass on the same obligations to future recipients of the germplasm.

[Centre] makes no warranties as to the safety or title of the material, nor as to the accuracy or correctness of any passport or other data provided with the material. Neither does it make any warranties as to the quality, viability, or purity (genetic or mechanical) of the material being furnished. The phytosanitary condition of the material is warranted only as described in the attached phytosanitary certificate. The recipient assumes full responsibility for complying with the recipient nation's quarantine/biosafety regulations and rules as to import or release of genetic material.

Upon request, [Centre] will furnish information that may be available in addition to whatever is furnished with the seed. Recipients are requested to furnish [Centre] performance data collected during evaluations.

The material is supplied expressly conditional on acceptance of the terms of this agreement. The recipient's acceptance of the material constitutes acceptance of the terms of this Agreement.

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1. This does not prevent the recipient from releasing or reproducing the seed for purposes of making it directly available to farmers or consumers for cultivation, provided that the other conditions set out in the MTA are complied with.

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