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Access and Benefit-sharing

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Resources

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Model ABS Agreements and Contractual Clauses

Model ABS Agreements and Contractual Clauses

Mutually agreed terms are essential for the development of fair and equitable access and benefit-sharing arrangements. Model ABS agreements and examples of model sectoral and cross-sectoral contractual clauses can provide useful guidance in the negotiation of mutually agreed terms, thus providing legal certainty while supporting the fair and equitable sharing of benefits and promoting compliance with mutually agreed terms.

Model ABS agreements and model contractual clauses can also play a key role in building capacity to negotiate mutually agreed terms and promoting equity and fairness in negotiations.

In order to assist users and providers of genetic resources with the negotiations of access and benefit-sharing agreements, examples of model agreements are listed below. A link to a database of Biodiversity-related Access and Benefit-sharing Agreements developed by the World Intellectual Property Organization is also provided.

WIPO Contracts Database and Draft Guidelines

This on-line, searchable database of biodiversity-related Access and Benefit-Sharing Agreements is available on the WIPO website, with a particular emphasis on the intellectual property aspects of such agreements.

Draft Intellectual Property Guidelines for Access to Genetic Resources and Equitable Sharing of the Benefits arising from their Utilization

Examples of model agreements

Argentina

Model agreements made available to applicants seeking authorization for the export or import of genetic resources:

• Model 1. General agreement (Español | English)
• Model 2: Project research collaboration agreement (Español | English)
• Model 3: Terms of Material Transfer Agreement including minimum clauses common to all (Español | English)

Australia

Benefit-sharing Agreement - Commonwealth and Access Party

This model agreement must be used as the basis of any agreement regarding biological resources taken from Commonwealth areas.

Model Benefit-sharing Agreement - Access Provider and Access Party

This model agreement has been developed as a guide to inform negotiation of agreements where the Commonwealth is not the access provider. 

South Africa

The Department of Environmental Affairs provides information on bioprospecting permits and other information on access and benefit-sharing on their national ABS Clearing-House. The following model agreements can be used as a basis for developing material transfer agreements and benefit-sharing agreements based on the requirements and criteria of the Bioprospecting, Access and Benefit Sharing (BABS) Regulations, 2008.

Model material transfer agreement 

Model benefit sharing agreement 

Switzerland

Agreement on Access and Benefit-sharing for Non-Commercial Research - Sector specific approach containing Model Clauses

Bioversity International

The Guidelines on Access and Benefit-sharing in research projects developed in the context of the GEF Project “In situ/On farm Conservation and Use of Agricultural Biodiversity (Horticultural Crops and Wild Fruit Species) in Central Asia”, supported by UNEP-GEF and coordinated by Bioversity International propose a model prior informed consent agreement, a model transfer material agreement, a model benefit-sharing agreement and a model information-sharing agreement.