World Intellectual Property Organization

Agreement between Montreal Botanical Garden and Private Companies

Subject matter

Plant Genetic Resources; Uncharacterized Genetic Material transferred inadvertently (for example, microbes or parasites present in samples of plant material); Associated Traditional Knowledge and Know-How.

Summary of use(s)

The private companies use the material to identify metabolites for pharmacological issues. The Universities use the material for diverse genetic, taxonomic and biochemical research activities.

Purpose or background

Montreal Botanical Garden is generally the provider of the material. Private companies and Universities are the recipients.

Contact details

Michel Labrecque, Curator, Montreal Botanical Garden, 4101 Sherbrooke East Montreal, QC H1X 2B2, Canada.
E-mail: michel_labrecque@ville.montreal.qc.ca
Telephone: 514 872 1862; Fax: 514 872 3765

 

REPLY TO QUESTIONNAIRE WIPO/GRTKF/IC/Q.2

PART I

COPY OF THE CONTRACT

Please indicate whether a copy of an existing contract or model agreement is attached to this response:

Response: No.

 

PART II

Question 1: Please give the contract title.

Response: We currently have two contracts of this nature with private companies, both are confidential.

Question 2: Please identify the contract parties.

Response:
Montreal Botanical Garden generally as the Provider.

Private companies as the Recipient (confidential).

Universities and research institutes as the Recipient.

Question 3: Please specify the contract parties or, in the case of model contracts, the proposed contract parties.

Response:
Commerce or Industry as the Recipient.

Research Institutions as the Recipient.

Traditional Knowledge Holders as the Provider.

Question 4: Please state the overall contract purpose:

Response:
Commerical or Industrial Application, and Research or Educational Application.

Question 5: Please state the contract objective.

Response:
Private companies: Identification of metabolites for pharmacological issues.

Universities: For diverse genetic, taxonomic and biochemical research activities.

Question 6: Please identify the scope of the contract.

Response: Plant Genetic Resources; Uncharacterized Genetic Material transferred inadvertantly e.g., microbes or parasites present in samples of plant material; Associated Traditional Knowledge and Know-How.

Question 7: Please state whether the genetic resources are being supplied from in-situ conditions or from ex-situ conditions.

Response: Ex-Situ Conditions.

Question 10: Please state the date that the contract came into force.

Response: One since 1998; One since 2000. Both still active.

Question 11: Please state the contract duration.

Response: Both Contracts are 5 years.

Question 12: Please identify and record all intellectual property (IP) related clauses in the contract.

Response:

Plant Breeders' Rights

Charge to the company when necessary

Monetary Benefit-sharing as relates to IP:
e.g. up-front payments, royalties, milestone payments, ethno-botanical premiums, trust funds, etc.

The agreement envisages lump sum payments to have access to the collections, and payments according to the number, or the quantity, of collected samples.

 

Question 15: Please share any additional information that may give useful perspective to the intellectual property aspects of the contract.

Response: The agreements limits access to plants with CITES restrictions, and to plants which were acquired with specific restrictions on their use for commercial purposes.

Question 19: Dispute Resolution

Response: Confidential.

Question 20: Please state whether the contract in question has been challenged at law.

Response: The contractual agreements with the two companies have been respected very strictly to date, and are not the subject of any litigation.

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