For a definitive interpretation of the SMTA, you must consult the Governing Body. We can do no more than provide unofficial, informal, non-definitive observations! And lawyers may argue over the meaning! Note in particular:
- Article 6 of the SMTA defines your rights and obligations as a recipient of germplasm under the SMTA
- If you transfer germplasm to others under the SMTA, article 5 defines your rights and obligations as provider of germplasm
- In the case that you become liable to make financial payments to the Governing Body and you do not make alternative arrangements, Annex 2 defines how much you have to pay and how you do it.
- If you opt for the alternative form of financial liability (which you do by notifying the Governing Body with a signed copy of Annex 4), Annex 3 defines how much you have to pay and how you do it.
Informally, here are some key rights and obligations that you have to be aware of and comply with.
Things you may do if you wish
The SMTA essentially allows you to do anything that is a reasonable and fair part of the process of conserving and using plant genetic resources for sustainable development in food and agriculture.
- You may use the material for your own breeding, research and training for food and agriculture
- You may conserve the material
- You may distribute the material to others, provided you do so in accordance with the conditions below
- You may develop and distribute breeding and research materials derived from the material, provided you do so in accordance with the conditions below
- You may develop and commercialise products derived from the material, provided you do so in accordance with the conditions below
- You may claim the rights to your own intellectual property on products you derive from the material, provided you do so in accordance with the conditions below
Things you must not do
- You must not use material you receive under an SMTA for any purpose other than research, breeding and training for food and agriculture. Use of the material for chemical, pharmaceutical and/or other non-food/feed industrial uses is explicitly prohibited.
- You must not claim any intellectual property or other rights that limit the facilitated access to the material you receive, or its genetic parts or components, in the form you receive it.
Things you must do
- If you conserve the material you receive, you must make it and related information available to others.
- If you transfer the material you receive to a another person, you have to do so under a new SMTA in which you are the provider (and therefore subject to article 5) and the other person is the recipient. In the new SMTA, you will:
- List in annex 1 of the new SMTA the material you are providing
- Make available all available passport data and all possible associated descriptive data, either in annex 1 of the new SMTA itself or on a web site whose URL is specified in annex 1 of the SMTA
- If you use the material for developing genetic stocks or improved varieties, and you transfer to another person derived breeding lines that are not ready to be commercialized ("PGRFA under Development"), you also have to do this under a new SMTA in which you are the provider (subject to article 5) and the other person is the recipient; but in this case
- Annex 1 of your new SMTA must list not only the breeding line that you transfer, but also the original material from which you developed it
- You can attach extra conditions to the transfer, through a supplementary MTA
- If you commercialize a product that incorporates material provided under an SMTA and that is not available without restriction to others for further research and breeding, then normally you have to pay a fixed percentage of your sales of the commercialized product.
- Alternatively, instead of making yourself liable to the above payments, you can opt (by signing annex 4 of the SMTA and informing the Governing Body) to pay a lower fixed percentage of your sales of the crop
- You have to make available all non-confidential information that results from research and development carried out on the material you receive
- You have to inform the Governing Body on various aspects of your use of the germplasm including:
- You must periodically inform the Governing Body about all SMTAs in which you are the provider of germplasm, including transfers to a third party of material you previously received under an SMTA, and also including transfers of PGRFA under Development.
- If you become liable to make payments to the Governing Body on commercializing a product, you must submit annual reports together with your annual payments
- If you opt for the alternative form of financial liability, you must do so by signing Annex 4 and returning it to the Governing Body
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