Contents of
a materials
transfer
agreement.
15. (1) A materials transfer agreement shall clearly state
the rights and obligations of any party who may have
ownership of, or authority over genetic resources to which
access is sought and shall, 'in particular, contain the
information prescribed in the Fourth Schedule.
(2) A materials transfer agreement shall(a) require the collector to specify the quantities, quality
and other specifications of the genetic resources that
the collector may obtain or export;
(b) oblige the collector to infonn the competent authority,
the concerned local community and other interested
parties, of all findings from the research and
development on the genetic resources;
(c) guarantee the deposit of
duplicates of all
specimens of the genetic resources accessed, in
a depository approved by the competent
authority, and provide a record of the collected
genetic resources to the competent authority and
the lead agencies and where requested, to the
local communities;
(d) provide that the collector shall not transfer genetic
resources to a third party without the consent in
writing, of the competent authority;
(e) provide that the collector shall not apply for a
patent or other intellectual property right over
the genetic resources without the consent, in
writing, of the competent authority;
(f) require the collector to pay any required fees to the
government and the concerned privat~ owners
or local comhlunities for their contribution in
the generation and conservation of the genetic
resources to which access is sought;
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(g) require the collector to provide for the manner of
sharing of benefits arising from intellectual
property rights accruing from genetic resources;
(h) provide for the participation of the citizens of
Uganda or institutions located in Uganda, in
research, development, management and
utilisation of the genetic resources accessed at
all stages of access; and
(i) require the collector to submit to the competent
authority and the lead agency, a regular status
report on the research and development relating
to the genetic resources concerned.
16. (1) Where access to genetic resources is likely to have
a significant impact on the environment, an environmental
impact assessment shall be carried out, before the conclusion
of a materials tra'.lsfer agreement.
Environmental
impact
a.!..!.c.!..!.menl.
(2) Where, based on an environmental impact
assessment done in accordance with subregulation (1), it is
determined that the proposed access to genetic resources will
not adversely impact on the environment or on the long-term
sustainability of the genetic resources for which access is
being sought or the ecosystem, the competent authority and
lead agency may commence the process of negotiations for a
materials transfer agreement with the applicant.
17. (1) Genetic resources shall not be put to a use other
than one agreed upon in the materials transfer agreement.
lJ.!.c and
tran.!.fer of
gcnetic
rc~()urce\
(2) It ,shall be a breach of, a materials transfer
agreement and an offence, for an applicant to transfer any
genetic resources to a third party; without the written consent
of the competent authority.
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without
authority.