Database of Biodiversity-related Access and Benefit-sharing Agreements

Terms of Use

Please note that access to, and use of, the Database of Biodiversity-related Access and Benefit-sharing Agreements, including any contract texts or summaries, and any associated information or documentation, is subject to both the WIPO general Terms of Use, which apply to all WIPO web-sites, and to the Specific Terms of Use set out below (collectively referred to as the "Terms").

Accessing and using the Database of Biodiversity-related Access and Benefit-sharing Agreements (hereafter the "Database") indicates that you accept the Terms, and undertake to comply with them in full. If you do not accept the Terms, you should not continue to use the Database, and should not utilize any information, text, data, works or other contents that you have obtained from the Database for any purpose whatsoever.

Specific Terms of Use

WIPO is publishing the Database online at the request of its Member States in response to a widely-felt need for more publicly available information about current practices concerning intellectual property aspects of agreements on access to genetic resources and the sharing of consequential benefits. The Database seeks to provide information on the general approach taken in concluding relevant agreements, and to stimulate the flow of information in this important area. It is not published as a database of legal texts and precedents.

Potential contributors to the Database were informed that it was not necessary to provide the actual text, or the detailed provisions of any contract, especially if the details were sensitive or confidential, or the text of the provisions was particularly complex. A general description of each provision was welcomed.

Potential contributors were also specifically requested to delete any contractual information that was confidential and/or commercially sensitive, and that they did not wish to be referred to and/or exhibited in any database published on the WIPO web site and/or in any WIPO report(s).

Accordingly:

1. WIPO makes no representation or warranties, express or implied, in relation to the information, text, data, works, material or other contents (hereafter "Material") contained in the Database, including (without limitation) as to the validity, reliability, accuracy, completeness, or correct translation, of the Database itself, and of Material contained therein;
2. The publication of the Database should not be considered to be legal advice, or to represent an opinion as to the legal validity or appropriateness of any of the Material contained therein. WIPO does not take any responsibility for utilization of the Database, or of any Material obtained from the Database, for any purpose whatsoever. Furthermore, WIPO strongly recommends that independent legal advice is sought prior to utilization of any of the Material contained in the Database, in particular for purposes that may have legally binding consequences;
3. WIPO makes no warranties or representations, express or implied, with respect to the existence of any consents which may be required for the use, incorporation or publication of the Material in the Database, or the use of such Material by others;
4. Copyright in the Database, and its contents, is reserved, without prejudice to copyright and other rights of any Material which is included in the Database. The Database may include Material which is the property of third parties, and which is protected by copyright and other intellectual property rights. WIPO does not warrant that such rights are not infringed by the publication or use of the Database. Unless otherwise noted, Material from the Database may be viewed, copied, downloaded and printed so long as these activities are only carried out for personal, non-commercial purposes, and the source of the Material is expressly acknowledged.
5. The rights of third parties are reserved, whether any hyperlinking by WIPO passes through the home pages of third party host sites, or otherwise, it being understood that third party material to which access has been gained through a WIPO hyperlink shall be used subject to the terms and conditions applying to such third party material.
6. WIPO assumes no responsibility for errors or omissions in the Database, or in the Material published in the Database. The Database may include technical or other inaccuracies or typographical errors, and changes may be made periodically. WIPO does not warrant that the Database will operate without interruptions or errors, and does not warrant that errors will be corrected.
7. WIPO may update, make changes to, or delete, Materials in, and related to, the Database, as well as the software by which it is saved, searched, retrieved and displayed, at any time and without notice. WIPO makes no commitment to update the Material in the Database.
8. The Material contained in the Database is provided "as is", without any warranties of any kind whatsoever. By accessing the Database, you hereby release and forever waive any and all claims you may have against WIPO, its Member States or the providers of data contained in the Database (including but not limited to claims based upon the negligence of WIPO, its Member States or the providers of Material contained in the Database) for any losses or damages that might be sustained in connection with your use of the Database. Users of the Material contained in this Database undertake to indemnify and save harmless WIPO from and against all claims and suits by third parties for any loss or damage arising out of or in any way connected with the use by such users of the Database, and any Material contained therein.
9. General: WIPO may revise the general Terms of Use and these Specific Terms of Use for the Database at any time without notice, by updating this web-page. It is recommended that you visit this page from time to time to review the most current version of the Terms, since the Terms are binding on all users of the Database.

(Last revised: December 2, 2002)