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National Inventory

 

Material Transfer under the Multilateral System

Ownership of plant genetic resources
Under Austrian law, the owner may dispose of his PGR. He can keep or share in own discretion. If a PGR is in public ownership, then the transfer is in the hands of the competent public authority. Under international law, the PGR within the sovereignty of each country. That is, the state can determine if PGR can be shared across borders. Austria has no such regulations that prohibit this (other than regulations for other matters such as according to the nature or species). According to the International Treaty on Plant Genetic Resources for Food and Agriculture, however, Austria has committed to provide easier access to their PGR in Annex I to this Treaty and to participate in the multilateral system of benefit sharing.

This means that Austria is a natural or legal persons of the States Parties in Annex I to the ITPGRFA material available, which is owned by the public (or even that which provide private in this context is available). This is for the purpose of breeding, research and education and training and is a so-called standard Material Transfer Agreement (Standard Material Transfer Agreement executed - SMTA) between donor and recipient.

The passing each plant genetic material, thus also for PGR, which are not mentioned in Annex I to the ITPGRFA, will be handled via a Material Transfer Agreement. That can also be used with the SMTA Note that the species not included in the multilateral system, and this is therefore not applied for it.

Objective of a Material Transfer Agreement, it is in any case, the identity and origin of the genetic material to secure and that no, of whatever kind, intellectual property can be purchased on it.


Material Transfer under the Multilateral System

The Multilateral System means that the person who according to the use of a PGR.
Species in Annex I, an advantage is achieved, pays a portion of that advantage into a fund from the FAO, if the product is not freely accessible.

The material transfer of PGRFA in Annex I of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is required, using the Standard Material Transfer Agreement (SMTA).
This is a private law contract between donors and recipients of PGR, based on the ITPGRFA. It is committed to the donor, the material and the non-confidential information to the donors to make available and to report the material transfer occurred.

The receiver in turn agrees to pay for the policies aiming at attracting an advantage from the use of the material under the above conditions, part of the benefit to a fund of the FAO.

For the SMTA a version in one of the official languages of FAO (English, French, Russian, Arabic, Chinese or Spanish) shall be used.
A German version was produced in collaboration by DE, CH, and AT, but is not legally binding.
http://www.planttreaty.org/smta_en.htm

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