Mutually agreed terms are essential for the development of fair and equitable access and benefit-sharing arrangements. Model ABS agreements and examples of model sectoral and cross-sectoral contractual clauses can provide useful guidance in the negotiation of mutually agreed terms, thus providing legal certainty while supporting the fair and equitable sharing of benefits and promoting compliance with mutually agreed terms.
Model ABS agreements and model contractual clauses can also play a key role in building capacity to negotiate mutually agreed terms and promoting equity and fairness in negotiations.
In order to assist users and providers of genetic resources with the negotiations of access and benefit-sharing agreements, examples of model agreements are listed below. A link to a database of Biodiversity-related Access and Benefit-sharing Agreements developed by the World Intellectual Property Organization is also provided.
WIPO Contracts Database
This on-line, searchable database of biodiversity-related Access and Benefit-Sharing Agreements is available on the
WIPO website, with a particular emphasis on the intellectual property aspects of such agreements.
Examples of model agreements
Argentina
Model agreements made available to applicants seeking authorization for the export or import of genetic resources:
- Model 1. General agreement (Español | English)
- Model 2: Project research collaboration agreement (Español | English)
- Model 3: Terms of Material Transfer Agreement including minimum clauses common to all (Español | English)
Australia
Benefit-sharing Agreement - Commonwealth and Access Party
This model agreement must be used as the basis of any agreement regarding biological resources taken from Commonwealth areas.
Model Benefit-sharing Agreement - Access Provider and Access Party
This model agreement has been developed as a guide to inform negotiation of agreements where the Commonwealth is not the access provider.
Switzerland
Agreement on Access and Benefit-sharing for Non-Commercial Research - Sector specific approach containing Model Clauses
