Benefit Sharing. 7.1 The sharing of benefits should be discussed and negotiated between the Provider and Recipient before Materials are transferred to the Recipient.
Benefit Sharing. The benefits arising from the access and use of the Genetic Resources shall be shared fairly and equitably by the User, in accordance with the principles estab- lished in the CBD. Basic benefits to be shared include:
Benefit Sharing. 16. The RECIPIENT shall, if applicable, share fairly and equitably the benefits arising from their utilisation of the MATERIAL, its progeny or derivatives in accordance with the CBD. A non-exhaustive list of non- monetary and monetary benefits is given at Appendix II to the Annex to the Nagoya Protocol5.
Benefit Sharing. Part-time employees shall be entitled to enroll in those employee benefits provided in Articles B.11.2 and B.11.3. Benefit premiums for such employees will be shared on the following basis: Portion of Time Worked (Full-time = 1.0) Employee's Share of Premiums Board's Share of Premiums 0.1 86.5% 13.5% 0.2 73.5% 26.5% 0.3 60.0% 40.0% 0.4 46.5% 53.5% 0.5 33.5% 66.5% 0.6 to 0.9 20.0% 80.0%
Benefit Sharing. SEQUOIA has entered into contracts requiring SEQUOIA to pay portions of the payments that it may receive pursuant to Sections 5.1, 5.2, 5.3 5.4 and 5.5 to certain of its collaborators as access fees and to promote conservation of biological diversity. Such payments shall be the sole responsibility of SEQUOIA.
Benefit Sharing. If the supplied material leads to any results / products worth commercialization, a separate memorandum of understanding (MoU) shall be entered between the provider and the recipient. The terms for benefit sharing may be both monetary and/or non-monetary as per Annexure 2 of ICAR Guidelines for Intellectual Property Management and Technology Transfer/Commercialization (2006) as outlineda.
Benefit Sharing. For jointly owned intellectual property, the parties agree that the benefit sharing ratio from licensing and commercialization of the intellectual property will be agreed upon in an additional agreement by both COLLABORATOR and NIMS.
Benefit Sharing. 9.1. The User shall pay to the Provider ... of annual gross ex-factory sales of the product on such date as may be agreed between the relevant parties.
Benefit Sharing. Such access rights for research use must be granted on a non-exclusive basis under fair and reasonable conditions (i.e. appropriate conditions, including financial terms or royalty-free, taking into account the actual or potential value of the background to which access is requested and other characteristics of the research use envisaged). The Parties shall make appropriate arrangements to promote that any product which may result from collaborative research and development work undertaken as a result of this Memorandum of Understanding, shall be made widely available to the public on reasonable terms, including in particular to the public sector of developing countries on preferential terms. Any possible additional benefits, including royalties, shall be granted to each Party with due account being taken of the relative value of each Party’s financial, intellectual and other contributions to the product (provided that priority shall always be given to the objective of the Parties set forth in the first sentence of this paragraph). The Recipient shall actively seek the participation of scientists to the fullest extent possible from originating laborato- xxxx and other authorized laboratories, especially those from developing countries, in scientific projects associated with research on clinical specimens and/or influenza virus from their countries and actively engage them in preparation of manuscripts for presentation and publication. The recipient agrees to comply with the commitments selected below, in accordance with the terms set out in the Annex to this agreement. The recipient shall comply with the commitments selected on a timetable determined by the [network] in consultation with the Advisory Group established by the [founding document] and in coordination with the recipient, based on optimal pandemic preparedness and response considerations.
Benefit Sharing. Benefit sharing as defined by the Nagoya Protocol is directed to the provider. As noted above, IPRs may be a means of benefit sharing, but there is clearly no direct link or obligation in the Nagoya Protocol that requires that IPRs serve the purpose of benefit sharing. Thus, cash flows directly related to IPRs such as royalties or through joint ownership of IPRs is by no means the only way by which there can be benefit sharing under the Nagoya Protocol. In fact, the Protocol lists a number of means to share in the benefits if a product is commercialized from resources accessed under the CBD. The Annex to the Protocol divides, in non-mutually exhaustive lists, benefits into monetary and non-monetary categories. Examples of the former, aside from joint ownership and license fees, milestone payments, special fees to be paid to trust funds supporting conservation and sustainable use of biodiversity, research funding and access fees. Examples of the latter include sharing of R&D results, collaboration, cooperation and contribution in scientific R&D (particularly in biotechnology and where possible in the party providing genetic resources), access to databases, education and training, food and livelihood security benefits, as well as various forms of technology transfer.
