Agreement on the Supply of Plant Material Xishuangbanna Tropical Botanical Garden, Chinese Academy of Sciences (XTBG) is committed to the letter and spirit of Convention on Biological Diversity (CBD). This agreement is designed to promote scientific research and exchange, especially that relating to the conservation, sustainable utilization and research of biological diversity. With regard to the acquisition, maintenance and supply of plant material, XTBG therefore expects its partners to act in a manner that is consistent with the letter and the spirit of the CBD, and in compliance with all conventions and laws relating to the protection of biological diversity. XTBG reserves the right not to supply any plant material if it would be contrary to any terms attached to the CBD.
XTBG will offer only those persons and institutions who accept the following terms and conditions the plant material (“Material”) from garden’s collection:
1. Based on this agreement, the Material is supplied only for the common good, such as scientific research, education, conservation, environment protection and the development of botanic gardens.
2. The recipient shall not sell, distribute or use for commercial application the Material received, its progeny, or derivatives.
3. Should the recipient at a later date intend a commercial use or a transfer for commercial use, the country of origin‘s Prior Informed Consent (PIC) must be obtained in writing before the Material, its progeny or derivatives is used or transferred. The recipient is responsible for ensuring an equitable sharing of benefits.
4. On receiving the plant material, the recipient is obliged to document its origin (country of origin, first receiving garden, donor of the plant material, year of collection) as well as the acquisition and transfer conditions in a comprehensible manner.
5. The recipient shall acknowledge XTBG as supplier in any scientific publications resulting from their use of the Material, its progeny or derivatives. In addition, these publications are expected to be sent to XTBG without request.
6. On request, the garden should forward relevant information of the transfer of the Material, its progeny or derivatives to authority instructed with the implementation of the CBD.
7. The recipient may transfer the received Material, its progeny or derivatives to third parties only under these terms and conditions, and must document the transfer in a suitable manner. The recipient shall notify XTBG of all such transfers and, on request, shall provide XTBG with copies of the relevant material transfer agreement.
For the purposes of this agreement, Plant material shall include plants, plant parts or propagation material (such as seeds, cuttings, roots, bulbs, corms, or leaves), and any other material of plant and the genetic resources contained therein. Genetic resources are any plant material of actual or potential value containing functional units of heredity, including DNA. This definition of genetic resources is adapted from the definitions of genetic materials and genetic resources in Article 2 of CBD.
Commercialization shall include, but not be limited to, the following activities: sale, filing a patent application, obtaining or transferring intellectual property rights or other tangible or intangible rights by sale or license or in any other manner, commencement of product development, conducting market research, and seeking pre‐market approval.
I agree to comply with the conditions above.
Name and Position:
Organization and Department:
Please return a signed copy to: Xishuangbanna Tropical Botanical Garden, Chinese Academy of Sciences, Menglun, Mengla, Yunnan 666303. China