Xishuangbanna Tropical Botanical Garden, Chinese Academy of Sciences (XTBG) is
committed to the letter and spirit of Convention on Biological Diversity (CBD). This
agreement is designed to promote scientific research and exchange, especially that relating
to the conservation, sustainable utilization and research of biological diversity. With regard
to the acquisition, maintenance and supply of plant material, XTBG therefore expects its
partners to act in a manner that is consistent with the letter and the spirit of the CBD, and
in compliance with all conventions and laws relating to the protection of biological diversity.
XTBG reserves the right not to supply any plant material if it would be contrary to any
terms attached to the CBD.
XTBG will offer only those persons and institutions who accept the following terms and
conditions the plant material (“Material”) from garden’s collection:
1. Based on this agreement, the Material is supplied only for the common good, such as
scientific research, education, conservation, environment protection and the
development of botanic gardens.
2. The recipient shall not sell, distribute or use for commercial application the Material
received, its progeny, or derivatives.
3. Should the recipient at a later date intend a commercial use or a transfer for commercial
use, the country of origin‘s Prior Informed Consent (PIC) must be obtained in writing
before the Material, its progeny or derivatives is used or transferred. The recipient is
responsible for ensuring an equitable sharing of benefits.
4. On receiving the plant material, the recipient is obliged to document its origin (country
of origin, first receiving garden, donor of the plant material, year of collection) as well as
the acquisition and transfer conditions in a comprehensible manner.
5. The recipient shall acknowledge XTBG as supplier in any scientific publications
resulting from their use of the Material, its progeny or derivatives. In addition, these
publications are expected to be sent to XTBG without request.
6. On request, the garden should forward relevant information of the transfer of the
Material, its progeny or derivatives to authority instructed with the implementation of
the CBD.
7. The recipient may transfer the received Material, its progeny or derivatives to third
parties only under these terms and conditions, and must document the transfer in a
suitable manner. The recipient shall notify XTBG of all such transfers and, on request,
shall provide XTBG with copies of the relevant material transfer agreement.
For the purposes of this agreement, Plant material shall include plants, plant parts or
propagation material (such as seeds, cuttings, roots, bulbs, corms, or leaves), and any other
material of plant and the genetic resources contained therein. Genetic resources are any
plant material of actual or potential value containing functional units of heredity, including
DNA. This definition of genetic resources is adapted from the definitions of
genetic materials and genetic resources in Article 2 of CBD.
Commercialization shall include, but not be limited to, the following activities: sale,
filing a patent application, obtaining or transferring intellectual property rights or other
tangible or intangible rights by sale or license or in any other manner, commencement of
product development, conducting market research, and seeking pre‐market approval.
DESIDERATA 2009
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Seed Exchange Section
Xishuangbanna Tropical Botanic Garden
Chinese Academy of Sciences
Menglun, Mengla, Yunnan 666303 CHINA
TEL:86-691-8715508
E-MAIL: huangtp@xtbg.org.cn
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