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Appendix
Checklist for Access Agreement20
General provisions
- purpose of agreement
- parties to the agreement (including legal status of the provider and use of the genetic resource, contact details of both parties)
- definition/interpretation section
Access and benefit-sharing provisions
- description of the resource covered by the agreement
- the geographical location for collection
- details of person(s) carrying out collection of resource
- means and description of collection (for example, mechanical, hand)
- date(s) of collection and frequency of collection
- quantity of resource to which access is sought
- impact (physical, visual, audio, spiritual) of collection and removal of resource material to the environment
- permitted uses (for example, research, breeding, commercialisation)
- identification of where research and development will take place
- information on how the research and development is to be carried out
- purpose of collection, research and expected results
- statement providing that any change to the permitted use would require the terms of the agreement to be renegotiated
- how the Mātauranga Māori associated with the particular resource will be respected and protected
- whether IP rights may be sought and if so, under what conditions
- identification of the types of benefits that could come from obtaining access to the resource, including benefits from derivatives and products arising from the commercialisation and other use of the resource
- terms of benefit-sharing arrangements, including commitment to share monetary and non-monetary benefits and the timing for sharing benefits
- no warranties by provider of the resource on identity and/or quality of the resource
- whether the resource may be transferred to third parties and if so, what conditions would apply
- acknowledgement of source material/knowledge
Legal provisions
- obligation to comply with the agreement
- duration of agreement
- notice to terminate the agreement, including provision that the obligations in particular clauses will survive the termination of the agreement
- independent enforceability of individual clauses in the agreement
- events limiting the liability of either party
- dispute resolution arrangements
- assignment or transfer of rights
- assignment, transfer or exclusion of the right to claim any property rights, including IP rights, over the genetic resources received through the agreement
- choice of law (for example Aotearoa-New Zealand)
- confidentiality clause, including how this applies to the mātauranga Māori associated with the particular resource
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