Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
ACCESS AND BENEFIT SHARING AGREEMENT
BETWEEN
THE MINISTRY OF AGRICULTURE, JORDAN
represented by
THE NATIONAL CENTER FOR AGRICULTURAL RESEARCH
AND TECHNOLOGY TRANSFER, BAQA’A, JORDAN
AND
THE BOARD OF TRUSTEES OF THE
ROYAL BOTANIC GARDENS, KEW, UNITED KINGDOM
An AGREEMENT made the
day of
200 between The
Ministry of Agriculture, Jordan represented by The National Center for Agricultural Research
and Technology Transfer, P.O. Box 639, Baqa’a 19381, Hashemite Kingdom of Jordan
(hereinafter referred to as “NCARTT”) and The Board of Trustees of the Royal Botanic
Gardens, Kew, Richmond, Surrey, TW9 3AE United Kingdom (hereinafter referred to as “RBG
Kew”).
PREAMBLE
WHEREAS:
The Parties to this Agreement recognise the sovereign rights of States over their own
biological resources and are committed to implementing the letter and the spirit of the 1973
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
the 1992 Convention on Biological Diversity (CBD) and national laws and regulations
concerning bio-diversity including access to and the transfer of plant genetic resources;
NCARTT was established in 1985 under a special by-law as a semi-autonomous institution
with administrative and financial independence. The headquarters are located at the AlHussein Agricultural Experimental station at Baqa’a with six Regional Centers throughout
Jordan. In addition NCARTT operates 12 research stations in the different agro-ecological
conditions of Jordan. NCARTT is mandated to conduct and co-ordinate applied agricultural
research and transfer of technology activities at the national level in collaboration with public
and private agricultural institutions. Its mandate also provides for identification, testing,
transfer and adoption of improved technologies.
RBG Kew is a botanical garden incorporated in the United Kingdom by statute and an exempt
charity whose mission is to ensure better management of the Earth's environment by
increasing knowledge and understanding of the plant and fungal kingdoms - the basis of life
on earth. RBG Kew is sponsored by the United Kingdom Ministry of Agriculture, Fisheries and
Food (“MAFF”), which is ultimately responsible to Parliament for RBG Kew’s key aims and
activities.
In pursuit of this mission, RBG Kew works together with international partners to:
 Collect and curate plant material, including seeds and herbarium specimens;
 Carry out scientific research projects to better evaluate and conserve plant bio-diversity:
for example taxonomic verification of plant material collected and seed studies to
determine their viability and to enable their long-term conservation; and
 Exchanges plant material with other research institutes for further scientific study worldwide;
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
AND WHEREAS NCARTT and RBG Kew have jointly developed a long-term collaborative
project with the purpose of enhancing ex situ conservation and sustainable utilisation of plant
flora indigenous to Jordan;
NOW THEREFORE THE MINISTRY OF AGRICULTURE, JORDAN REPRESENTED BY
NCARTT AND RBG KEW HAVE AGREED AS FOLLOWS:
DEFINITIONS
1.
In this Agreement the expressions set out below shall mean
as follows:
1.1
“Agreement” shall mean this Access and Benefit Sharing
Agreement together with Annex 1, Annex 2 and Annex 3;
1.2
"Commercialise" and "Commercialisation" shall include, but
not be limited to, any of the following: filing a patent
application, obtaining, or transferring intellectual property
rights or other tangible or intangible rights by sale or licence
or in any other manner; commencement of product
development; conducting market research and seeking premarket approval and/or the sale of any resulting product;
1.3
“Genetic Resources” shall mean any biological material of
plant origin containing functional units of heredity of actual
or potential value transferred under this agreement and
shall include any derivatives of that material, including
modified or unmodified extracts and purified compounds;
1.4
“Material” shall mean the duplicate seeds and herbarium
material transferred to RBG Kew under this agreement
including the genetic resources contained therein and any
other genetic resources inadvertently transferred to RBG
Kew under this agreement;
1.5
“Material Supply Agreement” shall mean the RBG Kew
document setting out the terms under which RBG Kew may
supply material to a third party. A pro forma copy of the
current RBG Kew Material Supply Agreement is attached to
the agreement at Annex 3.
1.6
“Notification of transfer” shall mean the documentation
recording the material transferred to RBG Kew under this
agreement, a pro forma copy of which is attached to the
agreement at Annex 2;
1.7
“Project’’ shall mean the long-term collaboration between
NCARTT and RBG Kew as described in the Project
Synopsis at Annex 1 to this agreement;
1.8
“Seed Bank” shall mean the Seed Bank maintained by RBG
Kew at Wakehurst Place, Ardingly, West Sussex, United
Kingdom.
1.9
"Third Party" shall mean any person or institute other than
NCARTT and RBG Kew.
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
PROJECT ACTIVITIES
2.1
Subject to the terms and conditions set out in this
Agreement, NCARTT and RBG Kew will work together to
collect, study and conserve the flora of Jordan as is more
fully set out at Annex 1 to the Agreement. For example,
Project activities will include but will not be limited to:
a.
The conducting of joint plant collecting expeditions in
Jordan in accordance with all applicable Jordanian access
laws and regulations, permits, prior informed consents
and/or licenses and in an ecologically sustainable manner;
The storage of collected plant material in the NCARTT
herbarium with Material transferred to the United Kingdom
for accession into the collections at RBG Kew;
Access by either party to the plant material stored in the
NCARTT herbarium and to the Material stored in the Seed
Bank including access by NCARTT to seed from Jordan
stored currently in existing collections at the Seed Bank;
The conducting of taxonomic verification and seed studies
upon the Material to determine its viability and to enable
long-term conservation of the Material; and
The instigation of a programme to send mutually agreed
specimens of problematic or rare taxa stored currently in
existing collections at NCARTT to RBG Kew in order to
enable RBG Kew to identify the same.
b.
c.
d.
e.
EXCHANGE
2.2
At the start of each year of the collaboration, NCARTT and
RBG Kew will agree a Project programme setting out the
Project activities and work plan for that year.
3.1
In consideration of the undertakings given by RBG Kew in
this Agreement, NCARTT undertakes the following:
a.
NCARTT will collaborate with RBG Kew in the activities
described in Clause 2 and Annex 1 of this Agreement; and
b.
NCARTT will work with and assist RBG Kew to secure the
prior informed consents and/or permissions and/or licences
from the Government of Jordan and appropriate authorities
and/or stakeholder(s) to enable NCARTT and RBG Kew to:
i.
ii.
iii.
NOTIFICATION OF
TRANSFER
Access the Material;
Enter the land in Jordan on which the Project
activities described in Clause 2 and Annex 1 will
take place; and,
Conduct the aforesaid Project activities.
3.2
Furthermore, where NCARTT collects or acquires Material
and sends it to RBG Kew, NCARTT hereby warrants that
the Material was acquired and is supplied in accordance
with all applicable laws and regulations and that it is
entitled to supply and does supply the Material to RBG Kew
on the terms set out in this Agreement
4.
Material collected by or sent to RBG Kew in accordance
with Clauses 2 and 3 above will, on each occasion, be
listed in a Notification of Transfer, a pro forma copy of
which is attached to this Agreement as Annex 2. All
Material will be transferred to RBG Kew pursuant to the
terms of this Agreement.
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
NON
COMMERCIALISATION
BENEFIT SHARING
5.1
RBG Kew will not Commercialise any Genetic Resources
transferred under this Agreement.
5.2
Without prejudice to the above, any Commercialisation to
which RBG Kew and NCARTT may agree will be subject to
a separate written agreement.
6.1
RBG Kew and NCARTT agree to work together to ensure
the fair and equitable sharing of any benefits that arise from
the collection, study or conservation of the Material, its
progeny and derivatives. Mutually acceptable benefits may
include the following:
a.
Joint collecting expeditions including financial support by
RBG Kew for such expeditions, as detailed in Annex 1,
Section 5;
The provision of technical expertise by RBG Kew to
facilitate the on-going development of NCARTT’s in-country
seed conservation facilities;
The provision by RBG Kew of internationally recognised
facilities for storage and long term conservation of the
duplicate Material;
The conducting of taxonomic verification and seed studies
upon the Material, its progeny and derivatives by RBG Kew
to determine its viability and to enable its long-term
conservation;
The instigation of a programme to send mutually agreed
specimens of problematic or rare taxa stored in existing
collections at NCARTT to RBG Kew in order to enable
RBG Kew to identify the same;
Mutual provision of copies of the results of all such
scientific study, research and publications;
Joint authorship of publications as appropriate and
acknowledgement of NCARTT as the source of Material in
research publications;
The provision of individual training in seed handling,
storage and research techniques to members of NCARTT
staff;
Access to training courses at RBG Kew by members of
NCARTT staff.
b.
c.
d.
e.
f.
g.
h.
i.
TRANSFER TO THIRD
PARTIES
7.
RBG, Kew may supply any of the Material, its progeny or
derivatives to a Third Party provided such Third Party signs
a Material Supply Agreement with RBG Kew, prohibiting,
inter alia, any commercial use or exploitation of the
Material, its progeny or derivatives by that Third Party. A
pro forma copy of the current RBG Kew Material Supply
Agreement is at Annex 3.
DURATION
8.1
This Agreement shall be come into effect on the date of the
second signature.
8.2
It will be valid for a term of ten (10) years after such date.
8.3
NCARTT and RBG Kew will agree at the start of each year
of the collaboration a Project programme setting out the
Project activities and work plan for that year.
8.4
Subject to the parties agreeing further collaborative
projects, the Agreement can be renewed for further periods
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
of ten (10) years through mutual agreement expressed in
writing.
8.5
The obligations and rights contained in Clauses 2.1(b),
2.1(c), 2.1(d), 5, 7, 10, 11, 12 and 15 inclusive shall survive
ad infinitum the expiration or other termination of this
Agreement unless mutually agreed to the contrary.
TERMINATION
9.
Notwithstanding Clause 8.2 above, either party to this
Agreement may give six (6) months written notice to the
other party to terminate this Agreement.
FORCE MAJEURE
10.1
Neither party shall be liable to the other party for any delay
or non-performance of its obligations under this Agreement
arising from any cause beyond its reasonable control,
including, but not limited to, any of the following: Act of
God, governmental act, war, fire, food, explosion, civil
commotion or industrial disputes of a third party or
impossibility of obtaining gas or electricity.
10.2
The affected party must promptly notify the other party in
writing of the cause and the likely duration of the cause.
Such notice having been given, the performance of the
affected party’s obligations, to the extent affected by the
cause, shall be suspended during the period the cause
persists.
10.3
Without prejudice to the above, the affected party must
take all reasonable measures to minimise the impact of any
force majeure on the performance of its obligations under
the Agreement and to ensure, as soon as possible, the
resumption of normal performance of the obligations
affected by the force majeure.
11.1
Any dispute arising out of or in connection with this
Agreement, including any question regarding its existence,
validity or termination (a "Dispute"), shall, to the extent
possible, be resolved by good faith negotiation. For the
purposes of this clause, “good faith” means in accordance
with standards of honesty, sincerity or lawfulness of
purpose and applies to both the substance of and the
machinery of any such negotiations.
11.2
In the event that the Dispute remains unresolved for more
than three (3) months from the date when the Dispute is
first notified in writing by either party to the other party, the
Dispute shall be submitted, before any other means of
recourse, to a conciliation procedure with a conciliator
agreed between and appointed by the parties or, in default
of agreement within fifteen (15) days of either party
receiving written notice of a request for conciliation, to be
nominated by the Secretary General at the time of the
International Court of Justice (The Hague). The languages
to be used in the conciliation shall be English and Arabic.
The conciliation shall take place at a venue to be agreed by
the parties or failing agreement in the Hague.
11.3
All Disputes arising out of or in connection with this
Agreement which are not previously resolved by
conciliation after three (3) months from the appointment of
DISPUTE RESOLUTION
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
the conciliator shall be referred to and finally settled by an
arbitrator to be agreed between the parties or, in default of
agreement within fifteen (15) days of either party receiving
a written request for arbitration, to be nominated in
accordance with the International Chamber of Commerce
Rules of Arbitration (Paris) in force at the date of the
referral of the Dispute to arbitration. Unless the parties to
the dispute otherwise agree, the applicable law of the
agreement shall be the Law of England and Wales; the
arbitrator shall determine its own rules of procedure; and
the arbitrator shall give its decision in accordance with
fairness and equity and the provisions of relevant
international law. The languages to be used in the
arbitration shall be English and Arabic. The arbitration shall
take place at a venue to be agreed by the parties or failing
agreement in Paris.
NOTICE
12.1
Any notice or other document to be served under this
Agreement must be delivered by hand or sent by registered
mail or by international courier service to be served at the
address below,
RBG, Kew:
Head of Corporate Services, Royal Botanic Gardens, Kew,
Richmond, Surrey TW9 3AB, UNITED KINGDOM
NCARTT:
The Director General, National Center for Agricultural
Research and Technology Transfer, Baqa’a 19381,
JORDAN
12.2
All notices or documents shall be deemed to have been
served at the date and time of delivery of the said notices
or documents to the recipient party.
ENTIRE AGREEMENT
13
The provisions of this Agreement together with Annex 1, 2
and 3 constitute the entire Agreement between the parties
relating to the subject matter and the parties do not make
any representations or warranties except those contained
in this Agreement and Annexes 1, 2 and 3. The Agreement
can only be extended, terminated or amended if done so in
writing signed on behalf of the parties to this Agreement.
NO ASSIGNMENT
14
This Agreement is specific to the parties and none of the
rights or the obligations under this Agreement may be
assigned or transferred without the prior written consent of
the other party.
NO PARTNERSHIP IN LAW
15
Nothing contained in this Agreement shall constitute a
partnership in law between the Ministry of Agriculture
represented by NCARTT and RBG Kew or constitute either
of them the agent of the other.
NON-EXCLUSIVITY
16
This Agreement in no way restricts either NCARTT or RBG
Kew from involvement in similar Project activities with other
public and/or private organisations and/or individuals.
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
AS WITNESSED IN THREE IDENTICAL COPIES IN THE ENGLISH LANGUAGE, ALL
COPIES
BEING
EQUALLY
AUTHENTIC,
BY
THE
DULY
AUTHORISED
REPRESENTATIVES OF THE PARTIES HERETO
SIGNED BY:
SIGNED BY:
For and on behalf of Ministry of
Agriculture represented by The National
Center for Agricultural research and
Technology Transfer, Baqa’a, HASHEMITE
KINGDOM OF JORDAN
For and on behalf of the Royal Botanic
Gardens, Kew, UNITED KINGDOM
Dr. Abdel-Nabi Fardous
Director General, National Center for
Agricultural research and Technology
Transfer
Prof. Peter R. Crane
Director, RBG, Kew
Date:
Date:
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
ANNEX 1
PROJECT SYNOPSIS: JORDAN
At the start of each year of the collaboration, NCARTT and RBG Kew will agree a
Project programme setting out the agreed Project activities and an agreed work plan
for that year.
COLLECTION 1
The RBG, Kew, and staff of NCARTT named below will
collect material from the species detailed below, from the
geographical areas detailed below.
STAFF
NCARTT
Staff of NCARTT as identified by the Director-General
STAFF
Royal Botanic Gardens, Kew
Staff of RBG, Kew, as identified by the Director
TARGET AREAS:


Collections shall be made from all provinces of Jordan
and will be subject to the parties obtaining the necessary
consents and/or permissions from the relevant Authorities
and any other appropriate stakeholder(s).
The target areas will be those with high biodiversity, high
endemism and threatened areas. The areas where
collecting will be carried out will be identified first and
then the species to be collected in these areas will be
identified.
SPECIES:




Material will comprise of protected and unprotected
indigenous flora as defined by relevant environmental
laws and regulated by the Government of Jordan.
Within the broad remit of conserving species, this
selection is mainly based on national conservation plans
and priorities (rare and endangered species) when
existing.
To conserve biodiversity in its broadest sense, endemic
species, recognised as being under particular threat
because of their restricted distribution, will be
emphasised.
In order to ensure the sustainable development of
Jordan’s indigenous flora, those species with known
potential human value, which are not cultivated in
agriculture or horticulture, will also be included.
ACCESS LAWS AND REGULATIONS:
NCARTT will at all times ensure that, prior to collecting, both
NCARTT and RBG Kew have obtained the necessary prior
informed consents and/or permissions and/or licences from
the relevant authorities and any other appropriate
stakeholder(s) to collect and use the Material as proposed in
this Project Synopsis.
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
STORAGE 2
The material collected (both seeds and voucher herbarium
specimens) will be stored at NCARTT and a duplicate set will
be accessioned into the collections at RBG Kew for duplicate
storage thereby underwriting the continued existence of wild
plant species in support of the 1992 Convention of Biological
Diversity. Seeds transferred to RBG Kew will be stored under
optimal, internationally approved conditions at the Millennium
Seed Bank, Wakehurst Place, Ardingly, West Sussex, RH17
6TN (the “Seed Bank”). Both parties will have access to
material stored at NCARTT. NCARTT will also have access
to seed from Jordan stored in the Seed Bank prior to the
Access and Benefit Sharing Agreement coming into force.
RESEARCH 3
RBG Kew will conduct taxonomic verification on Material
collected and seed studies to assess the viability of seeds
collected and to better understand seed storage
requirements: for example post harvest seed handling,
germination tests, moisture relation tests, seed dormancy
tests and diagnostic characterisation.
BENEFIT SHARING 4
RBG Kew and NCARTT agree to work together to ensure the
fair and equitable sharing of any benefits that arise from the
collection, study or conservation of Material, its progeny and
derivatives. Benefits may include:
a. Joint collecting expeditions including financial support by
RBG Kew and NCARTT for such expeditions, as set out
in Section 5 below;
b. The provision of technical expertise by RBG Kew to
facilitate the on-going development of NCARTT’s incountry seed conservation facilities;
c. The provision by RBG Kew of internationally recognised
facilities for storage and long term conservation of the
Material;
d. The conducting of taxonomic verification and seed
studies upon the Material, its progeny and derivatives by
RBG Kew to determine its viability and to enable its longterm conservation;
e. The instigation of a programme to send mutually agreed
specimens of problematic or rare taxa stored in existing
collections at NCARTT to RBG Kew in order to enable
RBG Kew to identify the same;
f. Mutual provision of copies of the results of all such
scientific study, research and publications;
g. Joint authorship of publications as appropriate and
acknowledgement of NCARTT as the source of Material
in research publications;
h. The provision of individual training in seed handling,
storage and research techniques to members of NCARTT
staff;
i. Access to training courses at RBG Kew by members of
NCARTT staff.
FINANCIAL
ARRANGEMENTS 5
Joint Collecting Trips
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
RBG, Kew is financed through a Grant in Aid provided by the
Ministry of Agriculture, Food and Fisheries (MAFF) of Her
Majesty’s Government. Additional funds are received from
monies raised by the Kew Foundation and the Friends of Kew
and the RBG, Kew Millennium Seed Bank Project, the major
donor to which is the UK Millennium Commission.
RBG Kew will pay the costs of joint NCARTT and Kew field
collecting trips and the costs of conserving duplicate plant
material (seeds and herbarium specimens) accessioned into
the collections at RBG Kew.
Accordingly, on all joint collecting missions,

NCARTT staff costs will be notified to RBG Kew prior to
the start of any such missions and will be paid in
accordance with the ICARDA per diem rates (30 US$ for
senior scientists, 22 US$ for senior technician and 15
US$ for junior technician and driver).

NCARTT will provide RBG Kew with access to vehicles,
equipment and any other institutional facilities and
expertise as required. RBG Kew will pay for the use of
such vehicles and/or equipment in accordance with
Jordanian Government per diem rates.
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
ANNEX 2
PRO FORMA
NOTIFICATION OF TRANSFER
The following Material is transferred between the Ministry of Agriculture represented by the
National Center for Agricultural Research and Technology Transfer, P.O. Box 639, Baqa’a
19381, Hashemite Kingdom of Jordan (hereinafter referred to as “NCARTT”) and The Board
of Trustees of the Royal Botanic Gardens, Kew, Richmond, Surrey, TW9 3AE United
Kingdom (hereafter "RBG Kew") in accordance with the terms and conditions of the Access
and Benefit Sharing Agreement between the Ministry of Agriculture represented by NCARTT
and RBG Kew, dated …………………………………….. 200
.
By signing this Notification of Transfer, the Ministry of Agriculture represented by NCARTT
hereby confirms that the Material has been collected and is being transferred to RBG Kew in
accordance with all applicable Jordanian laws and regulations, permits, prior informed
consents and/or licenses.
DATE
COLLECTED
SEED
COLLECTION No.
FAMILY
GENUS or SPECIES
No. OF HERABIUM
DUPLICATES (IF ANY)
SIGNED BY:
DATE:
For and on behalf of the National Center for Agricultural Research and Technology
Transfer, Hashemite Kingdom of Jordan
Name:
Title:
SIGNED BY:
DATE:
For and on behalf of The Board of Trustees of the Royal Botanic Gardens, Kew, United
Kingdom
Name:
Title:
A copy of each Notification of Transfer drawn up by the parties in the form of this pro
forma document is to be attached to this Agreement and is to be sequentially
numbered.
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
ANNEX 3
PRO FORMA (as at September 2000)
ROYAL BOTANIC GARDENS, KEW
LIST OF SEEDS 1997
Upon receipt of this Agreement, signed by Recipient below, and because Recipient has
agreed to comply with the terms and conditions set forth in this Agreement, the Royal Botanic
Gardens, Kew (“RBG, Kew”) will supply to Recipient such of the biological material †
requested by Recipient as is, in RBG, Kew’s sole judgement, reasonable and appropriate.
Such biological material as is supplied to Recipient will be accompanied by a copy of this
Agreement, on the reverse of which the biological material being supplied (the “Material”) will
be itemised under the heading ‘Samples Supplied’.
RBG, Kew intends to honour the letter and spirit of the Convention on Biological Diversity in
the use of its collections. Accordingly, the supply of any and all biological material by RBG,
Kew to Recipient, including any Material to be supplied under this Agreement, will be subject
to the following conditions:
1. Subject to Clauses 2 and 4 below, Recipient may use the Material and any progeny or
derivatives thereof (such as modified or unmodified extracts) for non-commercial purposes
only.
2. Recipient will provide RBG, Kew with a fair and equitable share of any benefits obtained
by Recipient arising out of any utilisation by Recipient of the Material or its progeny or
derivatives, including benefits such as research results and copies of publications. In
addition, Recipient shall acknowledge RBG, Kew and, where determinable, the source
country, in all research publications resulting from the use of the Material.
3. Under this Agreement, Recipient may not commercialise* the Material or any
progeny or derivatives thereof.
4. If at any point in the future Recipient wishes to commercialise the Material or its progeny or
derivatives, Recipient must first obtain the written permission of RBG, Kew. Any
commercialisation to which RBG, Kew agrees will be subject to a separate agreement
between Recipient and RBG, Kew consistent with RBG, Kew’s policy that benefits be
shared fairly and equitably with the source country‡ of the Material.
5. Recipient may not transfer the Material or any progeny or derivatives thereof to any
party other than Recipient or RBG, Kew without the prior informed consent in writing of
RBG, Kew, and then only under a legally binding written agreement containing terms no
less restrictive than those contained in this Agreement unless otherwise agreed in writing
by RBG, Kew.
6. RBG, Kew makes no representation or warranty of any kind, either express or implied, (1)
as to the identity, safety, merchantability or fitness for any particular purpose of the
Material or its progeny or derivatives or (2) that the Material provided to Recipient under
this Agreement is or will remain free from any further obligation to obtain prior informed
consent from, to share benefits with or to comply with restrictions on use imposed by the
source country of the Material or any other country or regional economic integration
organisation. Recipient will indemnify RBG, Kew from any and all liability arising out of the
Material or its progeny or derivatives and their use.
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Min. of Agriculture, Jordan, NCARTT and RBG Kew Final ABSA6
7. This Agreement is governed by and shall be construed in accordance with English law.
_________________________________________
†
Biological material shall include plants, plant parts or propagation material (such as seeds, cuttings, roots, bulbs,
corms, or leaves), fungi or other fungal material, and any other material of plant, animal, fungal, microbial or other
origin and the genetic resources contained therein. Genetic resources are any biological 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 set forth in Article 2 of the Convention on Biological
Diversity.
* Commercialisation 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 licence or in any
other manner, commencement of product development, conducting market research, and seeking pre-market
approval.
‡ Source country means the country from which a given sample of Material was collected or received from in situ
conditions by RBG, Kew.
I understand that any Material supplied to me by RBG, Kew pursuant to
this Agreement will be subject to, and I agree to comply with, the
conditions above.
SIGNED BY:
for and on behalf of
Name: .............................................................................
Title: .................................................
Date: ................................................. 200
(“Recipient”)
SIGNED BY:
for and on behalf of the Board of Trustees of the Royal Botanic Gardens, Kew
Name: ..........................................................................
Date: ........................................... 200
Address of Recipient:
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