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Material Transfer Agreement (MTA)

Indian Council of Agricultural Research

Krishi Bhawan, New Delhi – 110 001 (INDIA)

Material Transfer Agreement (MTA)

Agreed Between

Indian Institute of Pulses Research, Kanpur
Of the Indian Council of Agricultural Research, Krishi Bhawan, New Delhi – 110 001, the apex agricultural research organization of India, being the first/second party (Provider/recipient of the Materials)
And __________________________________________________________________
Being the First/Second party (Recipient/provider of the Materials)
For the supply/Exchange/Transfer of Genetic Resources for Food & Agriculture Germplasm/ Genetic Material/Genetic Component for Research2

  • Within India, not covering persons as described in sec. 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 Treaty for 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

AS follows:

Recipient Name  
Recipient Institution/Organization/
Agency/ Centre
 
Recipient full address with PIN Code  
Phone Number  
Fax  
Email  
Nature of activities  
Germplasm material (specify)3 Crop and Varieties
Supply made by / through  
For Official Use of Supplier
  • Germplasm identity (Species name, common name etc.
  • Accession Number
  • Short Description of the material
  • Passport Data
  • The germplasm MATERIAL(S) transferred herein as above shall be used only for the purpose of research under my/our direct/close supervision and will not be used for commercial purpose or profit making, whatsoever, without prior written approval of NBA4 / MoEF5 / DARE6 / ICAR7, Government of India as the case may be. The importer / recipient (second party) agrees to provide a concept note of research project in which the MATERIAL (S) will be used, including the manner in which to be used. The importer / recipient (second party agrees to ceaseany use of the material in case of suspension of research project at the instance of either party or due to factors beyond the control of either party. Upon such suspension of further research work, both parties will mutually agree for adopting a suitable provision for their preservation. In case of failure of the parties to arrive at an agreement, the materials including derivatives will be destroyed upon 90 days notice from IIPR.
  • All Information and materials supplied by IIPR shall be deemed to have been disclosed or provided to the recipient in confidence. The recipient agrees to preserve the confidential status of the material and information.
  • The germplasm MATERIAL(S) or its (their) parts(s), components or derivatives (including live or dead tissue/DNA) that can be used to retrieve whole DNA/fragment or sequence or any other genetic information shall not be distributed or transferred to any third country/party, except those directly engaged in research under direct supervision of the recipient (first/second party), without prior written approval of the NBA/MoEF/DARE/ ICAR, Government of India as the case may be.
  • Any development of commercial product based on research on gene manipulation/ selective breeding programme for genetic improvement shall not be undertaken without written consent of NBA/MoEF/ICAR/DARE, Government of India as the case may be. Modalities of undertaken any such work will be worked out before its conduct.
  • If any third country/party is to be associated with any commercial development arising out of the germplasm accessed, permission from NBA shall be sought.
  • The recipient agrees to acknowledge explicitly the name, original identity and source of the material, if used directly or indirectly, in all research publication(s) or other publications, such as monographs, bulletins, books, etc., and shall send a copy of each of the publications to the IIPR.
  • The recipient agrees to supply the feedback information on the performance/utilization/ research outcome of the material (s) to the IIPR.
  • The recipient agrees not to claim any intellectual property right over the MATERIAL(s) received including its related information and knowledge without prior written approval of the NBA/MoEF/ICAR/DARE, Government of India as the case may be.
  • The intellectual property protection or benefit sharing of derivatives of the materials(s) received/accessed, where applicable, shall be as per the Indian IPR/Biodiversity laws.
  • The recipient agrees to hold the entire responsibility for the quarantine/SPS clearance of the materials accessed as specified herein above. The recipient shall abide by the biosafety guidelines of …
    (name of the importing country/organization) and shall not hold IIPR/ICAR/DARE, Government of India responsible for any identity/quality/viability/purity/quarantine/ biosafety related or any other related matter/hazard that may be attributable to the release of genetic material/resource accessed as specified in this Agreement. 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 to waive all claim against IIPR/ICAR/DARE, Government of India and to defend and indemnify them from all claims and damages/recoveries arising from the use, storage or handling of the material.
  • The recipient also agrees that the material is for experimental use and is being supplied without any warranties, whatsoever.
  • The MTA is non-assignable. The recipient agrees to abide by any other conditions that may be set in and conveyed to them from IIPR in respect of this germplasm access/exchange or any Law, Rules, Regulations, etc., enacted by Government of India from time to time.
  • In case of any dispute between the parties to this MTA, the dispute shall be referred to the sole Arbitrator to be appointed by the Secretary, DARE, Government of India. The Decision of the sole Arbitrator shall be final and binding on the parties. The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. The Arbitration proceeding shall be in New Delhi.

Agreed

Recipient Provider
Authorised Officer’s
Name

Designation:

Organisation/Institute/
University Address:

Signature :
Date

Authorised Officer’s
Name

Designation:

Organisation/Institute/
University Address:

Signature :
Date

Recipient Scientist/Person’s
Name

Designation:

Organisation/Institute/
University Address:

Signature :
Date

Provider Scientist/Person’s
Name

Designation:

Organisation/Institute/
University Address:

Signature :
Date

Definition

Extra from Section 3 (2) of BDA-2002

  • a person who is not a citizen of India
  • a citizen of India, who is a non-resident as defined in clause (30) of Section of the Income-Tax Act, 1961;
  • a body corporate, association or organization
  • (i) not incorporate or registered in India; or

    (ii) incorporate or registered in India under any law for the time being in force which has any non-Indian participation in its share capital or management.