A MTA must provide for reasonable benefit-sharing arrangements, including protection for,
recognition of and valuing of any indigenous people’s knowledge to be used, and must include the
following:
a) Full details must be declared of the Parties to the Agreement – declare the parties that are entering
into agreement. This should be the LA responsible for management of the genetic resource, the
applicant who wants to access the resource and the UNCST
b) Description of the genetic material – describe the material that is going to be accessed. Name the
species or lowest level of taxon to which the resources belong and the parts that are going to be
collected and if relevant the amounts / quantity to be collected plus the quantity of the resources
that may be removed from the area
c) Details regarding the time and frequency of entry into the area that contains the genetic resources
d) Intended purpose and use of the material – list the use to which the material is going to be put.
This could be research, whereby the type of research should be described, trade, bio-prospecting,
etc.
e) Authorised users – mention those who are authorised to use the material after it has been collected,
including the institutions to which they are affiliated.
f) Storage of the material – the proposed means of labelling of samples and where they shall be
deposited both inside Uganda and outside in the case of the genetic material that is intended for
export.
g) Destination – the final destination of the genetic material. Give this in detail, including physical
address and other contact detail. This will help in keeping track of the material once it has been
collected.
h) Period of use – for how long is the applicant allowed to use the genetic materials? What happens
to the materials after this period is over?
i) Restrictions on use of the material – are there any restrictions as to who can use the materials and
the purpose for which they can be used?
j) Ownership of derivatives / products – specify the agreed nature of ownership of collected samples
and their derivatives and any products there from plus details of any proposed transmission to
third parties. This should include the ownership of commercialisation rights and publication rights.
k) Use of indigenous knowledge – where applicable, details of the source of the knowledge, e.g.
whether it was obtained from scientific or other public documents, or from the resource owner or
from the local community
l) Benefits to be shared – describe the benefits that are to be shared as a result of the allowed access
to the genetic material. Include benefits to be provided or any agreed commitments given in return
for the use of the indigenous knowledge. Indicate who is to benefit from what and when the
benefits are expected. Include expected technology transfer (from whom to whom and when)
m) Governing law – the governing law is that of Uganda for all MTAs made for access of Uganda’s
genetic materials.
n) Responsibilities – Specify any particular responsibilities held by each of the parties under the
agreement e.g. who produces reports, who pays which fees, who is responsible for depositing the
specimen within Uganda, etc.
o) Termination – state how the agreement shall be terminated, and by who and how long a period of
notice is expected once the decision to terminate has been reached.
p) Period before expiry – indicate for how long the agreement is valid and what happens when it has
expired.
q) Fees – indicate the amount and type of fees that have to be paid. Specify the recipients and the
amounts that they shall receive and when.
Guidelines for Access to Genetic Resources and Benefits Sharing
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