3. Ensure that the conditions set out in a bioprospecting contract with a contributing party or party apply to (i) any beneficiary in the interest of its rights under the Treaty and (ii) any party that receives from it a sample of a genetic resource collected, unless those parties have obtained the right, regardless of the party or party providing: obtain such samples of the genetic resource collected. Operating equipment. [„bioprospetification contract“ means the written agreement between the [assignee(s) and the [buyer] under the heading `____] and which is performed on ______ and a copy of which is attached to this Agreement.] At present, transfers of regulated genetic resources within countries or at the international level are not managed in a uniform or comprehensive manner. This leaves uncertainty as to what provisions should be included in a transfer contract entered into by a member of the BIO. This „model material transfer agreement“ (model) is intended to provide an overview of a delegation agreement in line with the best practices set out in the guidelines. This model can be included in a bioprotection agreement; it may serve as a basis for a delegation agreement concluded after the conclusion of collection activities under a bioprospeticisation agreement; or may replace a bioprospeciesation agreement where a member of the BIO wishes to obtain a regulated genetic resource or a group of regulated genetic resources from an ex situ establishment.1 Comment: If the transferee wishes to use the transferred samples for purposes other than those referred to in paragraph 4.1, the assignee must negotiate with the assignor(s) an amendment to that agreement or negotiate a new agreement. With respect to paragraph 7.9 reserved, the appropriate dispute settlement provisions may vary considerably from a transferee. If a bioprospecting agreement exists, the provisions of this Agreement should be similar to the dispute settlement rules contained in the bioprospecting agreement. It should be noted that, in Part VII. In 7 of the Guidelines, it is stated that dispute settlement provisions should provide for „fair and efficient settlement“ and could include international arbitration procedures in accordance with the procedures described in the Annex to the Guidelines.
The model provides that the specific services, the conditions that lead to benefit-sharing obligations and the date on which such benefits are to be provided are indicated in this section (e.g. (B immediate payment of a fee, payment of a fixed fee in case of use of the material in a research or experimental environment). This section may also include an obligation to negotiate the terms of compensation for benefits until a given date in the future. . . .