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National Model Contractual Clause (NMCC)
last updated: 04 Mar 2020
Material Transfer Agreement and Benefit Sharing Agreement
Where applicable:
- The permit applicant needs to negotiate and conclude MTA (Annexure 11)and BSA (Annexure 12) with the access provider/s of the resource.
- The permit applicant needs to negotiate and conclude BSA with the traditional knowledge holder/s for the traditional use of the resource.
National / Federal
- sectoral
- cross-sectoral
- transfer/exchange of genetic resources
- Access to genetic resources (Article 15 of the CBD)
- Nagoya Protocol
- Scope
- Competent national authority/ies
- Access
- Access to genetic resources
- For commercial use
- For non-commercial use
- Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
- For commercial use
- For non-commercial use
- Benefit-Sharing
- Mutually agreed terms
- Monetary benefits
- Non-monetary benefits
- Compliance
- Issues related to monitoring the utilization of genetic resources (Article 17)
- Checkpoints
- Permits or their equivalent constituting an internationally recognized certificate of compliance
- Compliance with mutually agreed terms (Article 18)
- Traditional knowledge associated with genetic resources
- Community protocols
- Customary laws and procedures
- Access and Benefit-sharing Clearing-House
- Model contractual clauses
- Codes of conduct, guidelines, and best practices and or/standards
- Awareness-raising
- Capacity-building
- Technology transfer, collaboration and cooperation
- Financial mechanism and resource mobilization
- Compliance with the Protocol
- National reports
- ABS legislative, administrative or policy measures
- ABS agreements
- Commercial purpose
- Non-commercial purposes
- Agricultural sector
- Academic research
- Botanical and horticultural sector
- Identification and taxonomy
- Food and beverage
- Industrial biotechnology,
- Personal care and cosmetics
- Pharmaceutical sector
- All types of genetic resources
- Plants
- Animals
- Microorganism
- Fungi
- Wild species
- Domesticated species and/or cultivated species
- All areas of access of the genetic resource
- Agricultural areas
- Forest
- Inland waters
- Dry and sub-humid areas
- Marine and coastal areas
- Mountains
- Protected areas
- Islands
- Ex-situ
- Soil and/or water samples
- Users of genetic resources
- Intellectual property rights
- Relevant international agreements, instruments and organizations
- International Treaty on Plant Genetic Resources for Food and Agriculture
- World Intellectual Property Organization
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