Module II: The Fundamentals of Bioprospecting Negotiations
Constructing a Contractual Agreement for Benefit Sharing

There are several forms that bioprospecting agreements can take, depending upon the objectives of the parties and the desired scope of the agreement. Within any type of agreement, everything is negotiable. Basic agreement types include permits, material transfer agreements, licenses, and cooperative research and development agreements.

Permits convey the right to access biological materials, e.g., samples of plants or microbes. The permit can limit the type and amount of material to be collected, the collection area, the time allowed for collection, acceptable methods for collection, who will do the collecting, and so forth.

Material Transfer Agreements (MTAs) convey the right to transfer specimens to third parties after collection, as another way of maintaining some control over access to the materials by the owner of the source. MTAs can be used in conjunction with permits and do not include a benefit-sharing component.

Licenses determine how the collected material can and cannot be used, and can be used in conjunction with permits and MTAs.

Cooperative Research and Development Agreements (CRADAs) can combine permits, MTAs, licenses, and more in a single agreement. They often comprise two parts: a "statement of work" that specifies roles and obligations of each party; and "general provisions" including legal details and assignment of rights.