Ipr Prakash

7/31/2019 Ipr Prakash

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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:


Signature:Date:

Recipient Scientist/Persons

Name:

Designation:


Signature:Date:

Provider Scientist/Persons

Name:

Designation:


Signature:Date:


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Thank you

Th k

Ipr Prakash

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