BIOLEFT AGREEMENT
The purpose of this contract is to regulate the link between the supplier and the recipient of the material, and the permitted uses of the material to comply with all terms and conditions of the Open Material Transfer Agreement, and to certify that their respective organizations have accepted and signed an unmodified copy of the Bioleft Agreement. Their acceptance will also allow them to make a material transfer record, identify the actors, the material, the authorized uses, and ensure compliance with the terms and conditions of the Bioleft Agreement.
The Bioleft Agreement can be implemented through 2 modalities: 1) by incorporating certain clauses within pre-existing agreements or contractual models used as models in faculties, institutions or companies (hereinafter referred to as Bioleft clauses), or 2) by signing a contract with the Bioleft model that responds to the dynamics of the system (hereinafter referred to as Bioleft Agreement).
Authorized officers of the Provider and Recipient organizations must sign this agreement if the Provider or Recipient is not authorized to certify on behalf of their respective organizations. The Authorized signatory of the Recipient must sign two copies of this agreement and send it to the Provider. The Provider's authorized signatory must sign both copies of the agreement and return one signed copy to the Recipient. The supplier will then send the material to the recipient.
The Bioleft Agreement is an open source agreement, so it may be used without restriction. Notwithstanding this, its use does not imply any liability for Bioleft.
FAQ: Bioleft Material Transfer Agreement (Bioleft Agreement)
What is the Bioleft Agreement?
The Bioleft Agreement is an open contract that facilitates seed exchange and participatory plant breeding. It aims to ensure that transferred seeds are open source and can be freely used for research, development and registration of new plant varieties, without legal, contractual, biotechnological or technological restrictions.
How does the Bioleft Agreement work?
The Bioleft Agreement is based on three modalities:
- Incorporation of Bioleft clauses in pre-existing agreements:
- Bioleft clauses can be added to contracts or contractual models already in use in institutions or companies.
- These clauses establish the obligations of the provider and the recipient with respect to the use and transfer of the genetic material.
- Signing of a full Bioleft Agreement:
- It is used when there is no pre-existing contract or when greater clarity and detail is desired.
- The complete agreement defines the terms and conditions of the transfer, including the responsibilities of the parties, the permitted use of the material and dispute resolution mechanisms.
- Acceptance of the conditions at the time of transfers on the Bioleft Platform.
What are the Supplier's obligations?
Supplier agrees to:
- Transfer material quickly and provide all available non-confidential information.
- Allow access to materials under improvement at the discretion of the holder.
What are the obligations of the Recipient?
The Recipient agrees to:
- Maintain genetic material available for research, development and registration of new plant varieties.
- Do not claim intellectual property rights or impose restrictions that limit access to the material.
- Provide proper acknowledgment of the source of the Original Material in all publications.
- Notify Bioleft of any new transfer of the material.
- Share information on the agronomic performance of the material received.
What if I want to commercialize the seeds?
Permission to commercialize the seeds is at the discretion of the Supplier. The Bioleft Agreement does not restrict commercialization, but does provide that the Recipient must obtain the consent of the Supplier before doing so.
Where can I find the complete Bioleft Agreement?
The complete Bioleft Agreement is available for download in Word format on the Bioleft Platform.
How can I incorporate Bioleft clauses into a pre-existing agreement?
The Bioleft Platform provides a tool to generate Bioleft clauses adapted to your specific agreement.
Where can I get more information about the Bioleft Agreement?
If you have any questions about the Bioleft Agreement, you can consult the information material available on the Bioleft Platform or write to info@bioleft.org .