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Any one pursuing bioprospecting activities involving biological resources and associated traditional knowledge has to enter in to agreements for accessing biological resources and sharing the benefits arising out of the commercial use of the biological resource. As per the provisions of Convention of Biological Diversity (CBD), the responsibility for implementing the ABS Agreement is vested with the State, in whose territory the biological material is found. The various categories of documents involved in ABS Agreements are
1. Letter of intent
2 Research permit
3 prior informed consent or PIC
4. mutually agreed terms or MAT
5. Material Transfer Agreement or MTA and Confidentially Agreement (Thornstrom and Bjork, 2007)
Standard Material Transfer Agreements (MTAs) are used widey in academic, governmental and corporate research. In an MTA, the provider agrees to give the physical material itself to the recipient, and the recipient agrees to restrict the use of the material - for example, restrict use to screen for any activity but not to transfer the material further to third parties (Gollin, 2006). Biodiversity prospecting agreements generally involve the transfer of biological materials, so they may be considered to be examples of MTAs. A standard MTA with limited focus is used by the Consultative Group on International Agricultural Research (CGIAR) centres for material covered under the Food and Agriculture Organisation (FAO) Trust Agreement. The ICAR guidelines for Intellectual Property Management and Technology transfer/commercialization (2006) stipulate that a MTA will be entered in to by Indian Council of Agricultural Research/its institutions with the other contracting parties on a case by case basis for the transfer of biological materials.
In India we can be proud of having the distinction of the first one in experimenting a benefit sharing model that implemented in letter and Spirit of Article 8(j) of CBD. India model of benefit sharing is also known as Kani model or TBGRI model or Pushpangdan model.
1. Letter of intent
2 Research permit
3 prior informed consent or PIC
4. mutually agreed terms or MAT
5. Material Transfer Agreement or MTA and Confidentially Agreement (Thornstrom and Bjork, 2007)
Standard Material Transfer Agreements (MTAs) are used widey in academic, governmental and corporate research. In an MTA, the provider agrees to give the physical material itself to the recipient, and the recipient agrees to restrict the use of the material - for example, restrict use to screen for any activity but not to transfer the material further to third parties (Gollin, 2006). Biodiversity prospecting agreements generally involve the transfer of biological materials, so they may be considered to be examples of MTAs. A standard MTA with limited focus is used by the Consultative Group on International Agricultural Research (CGIAR) centres for material covered under the Food and Agriculture Organisation (FAO) Trust Agreement. The ICAR guidelines for Intellectual Property Management and Technology transfer/commercialization (2006) stipulate that a MTA will be entered in to by Indian Council of Agricultural Research/its institutions with the other contracting parties on a case by case basis for the transfer of biological materials.
In India we can be proud of having the distinction of the first one in experimenting a benefit sharing model that implemented in letter and Spirit of Article 8(j) of CBD. India model of benefit sharing is also known as Kani model or TBGRI model or Pushpangdan model.
