sec.35Statutory condition of benefit sharing agreement

sec.35 Statutory condition of benefit sharing agreement

It is a condition of a benefit sharing agreement that a biodiscovery entity with whom the agreement is made must not allow another entity to use any of the native biological material the subject of the agreement for biodiscovery, unless the other entity is— an entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not— entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and required to provide any benefits of biodiscovery to the State; or a biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee an entity mentioned in section 54 (2) (a) or (b) or (3) ; or a party to a benefit sharing agreement concerning the material; or a party to a subsequent use agreement concerning the material. Subsection (1) does not limit any other conditions that may be included in the agreement under section 34 (3) . s 35 amd 2017 No. 35 s 8 ; 2020 No. 27 s 18 (sec.35-ssec.1) It is a condition of a benefit sharing agreement that a biodiscovery entity with whom the agreement is made must not allow another entity to use any of the native biological material the subject of the agreement for biodiscovery, unless the other entity is— an entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not— entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and required to provide any benefits of biodiscovery to the State; or a biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee an entity mentioned in section 54 (2) (a) or (b) or (3) ; or a party to a benefit sharing agreement concerning the material; or a party to a subsequent use agreement concerning the material. (sec.35-ssec.2) Subsection (1) does not limit any other conditions that may be included in the agreement under section 34 (3) .

• (a) an entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not— (i) entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and (ii) required to provide any benefits of biodiscovery to the State; or Example— a biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee
• (i) entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and