Typology of Legal/Contractual Terms for Biodiversity Specimens

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Permit and Loan Terms (Handbook) › Typology of Legal/Contractual Terms for Biodiversity Specimens

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Typology of Contents (draft)

Information visible to future users of collection specimens					for T3.3	for T3.3	for T3.3	Information for IT specialists intending to implement the vocabulary in an IT system
Catchphrase	List different document contents, i.e. specific actions that may be subject to a permit or loan	options for indicating legal background (explanation ¹)	Does it refer to a specific action in the past (e.g. prior to adding material to a collection), or does it refer to using the specimen in the future?	Status term	Refers to document in general	Refers to specific rights and conditions applying to specimens / research (e.g. MAT conditions)	quality statement? Y/n	under national (or supranational, e.g. EU) legislation						(N) not subject to national/supranat. legislation	required by contracts/deeds under civil law, e.g. a loan agreement, permission from (land)owner	Comments
								(D) refers to individually granted permission?	(D) refers to individually assigned obligation (duty or restriction)?	(D) refers to individually assigned prohibition	(L) refers to permission in written law	(L) refers to obligation (duty or restriction) in written law	(L) refers to prohibition in written law			comment ¹
info not processed	information on official permissions, obligations or prohibitions for this specimen is available, but has not been digitally processed yet	not specified	neither	approved	n	not specified	not specified	not specified	not specified	not specified	not specified	not specified	not specified	not specified	n/a
no ties	Neither for collecting this specimen in the past, nor for future working/using/exhibiting (with) this specimen any official permission was/is necessary, nor do official obligations or prohibitions exist regarding working/using/exhibiting. Institutional loan conditions may apply.	N	both	approved	n	Y	n	n/a	n/a	n/a	n/a	n/a	n/a	Y	n/a
permission & free further use	Neither for collecting this specimen in the past, nor for future working/using/exhibiting (with) this specimen any official permission was/is necessary, nor do official obligations or prohibitions exist regarding working/using/exhibiting. Institutional loan conditions may apply.	not specified D L N LN	both	approved	n	y	n	possible	n/a	n/a	possible	n/a	n/a	possible	n/a
free further use + reporting	Already existing official permissions refer to the past only (e.g. collecting) and no official permissions are necessary for further use, but reporting obligations apply. No prohibitions. Institutional loan conditions may apply.	not specified D L C	both	approved		y	n	possible	possible	n/a	possible	possible	n/a	n/a	possible
OK: exhibition	Exhibiting this specimen and use for educational purposes is officially permitted without further obligations. Institutional loan conditions may apply.	not specified D L N LN	refers to future	approved	n	Y	n	possible	n/a	n/a	possible	n/a	n/a	possible	n/a
obligations: exhibition	Exhibiting this specimen and use for educational purposes is permitted but specific obligations apply. Institutional loan conditions may apply.	not specified D L CD	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	possible
NO exhibition	exhibiting this specimen is officially prohibited	D L CD	refers to future	approved	n	Y	n	n/a	n/a	possible	n/a	n/a	possible	n/a	possible
OK: taxonomy	taxonomic work with this specimen is permitted without further legal obligations (non-taxonomic work may not be covered, e.g. genetic analysis beyond taxonomy, and institutional obligations e.g. on destructive sampling may apply)	not specified D L N LN	refers to future	approved	n	Y	n	possible	n/a	n/a	possible	n/a	n/a	possible	n/a
obligations: taxonomy	Using this specimen for taxonomy is permitted, but specific legal obligations apply. Institutional loan conditions may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
OK: physical analysis	Using this specimen for physical analysis, such as morphology or anatomy, is legally permitted. Institutional loan conditions, e.g. on dissecting the specimen, may be present.	not specified D L N LN	refers to future	approved	n	Y	n	possible	n/a	n/a	possible	n/a	n/a	possible	n/a
OK: genetic & biochemical	Utilizing this specimen for any kind of research and development on its genetic and/or biochemical composition is officially permitted without further obligations. Institutional loan conditions, e.g. on destructive esampling, may be present.	not specified D L N LN	refers to future	approved	n	Y	n	possible	n/a	n/a	possible	n/a	n/a	possible	n/a
obligations: genetic & biochemical	Utilizing this specimen for research and development on its genetic and/or biochemical composition is officially permitted with specific obligations (e.g. new PIC/MAT in certain situations). Institutional loan conditions may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
reporting: genetic & biochemical	Utilizing this specimen for research and development on its genetic and/or biochemical composition is officially permitted with reporting duties. Institutional loan conditions may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
NO genetic & biochemical	utilizing this specimen for research and development on it's genetic and/or biochemical composition is prohibited	D L	refers to future	approved			n	n/a	n/a	possible	n/a	n/a	possible	n/a	n/a
benefit-sharing-NP	Utilizing this specimen for research and development on its genetic and/or biochemical composition is officially permitted with benefit-sharing duties from countries that are Party to the Nagoya Protocol (NP). Institutional loan conditions may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
benefit-sharing-CBD	Utilizing this specimen/genetic resource is officially permitted with benefit-sharing duties from countries that are Party to the Convention on Biological Diversity (CBD), but not to the Nagoya Protocol. Institutional loan conditions may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
benefit-sharing-ITPGRFA	Using this specimen for research, breeding and training for food and agriculture is permitted with duties and restrictons from the ITPGRFA (International Treaty for Plant Genetic Resources for Food and Agriculture). Institutional loan conditions may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
OK: TK-utilisation	Utilizing traditional knowledge (sensu Nagoya Protocol) associated with genetic resources is officially permitted without further legal obligations in research and development on the genetic and/or biochemical properties. Additionally, institutional obligations may apply.	not specified D L N LN	refers to future	approved	n	y	n	possible	n/a	n/a	possible	n/a	n/a	n/a	n/a
obligations: TK utilization	Utilizing this specimen's associated traditional knowledge (sensu Nagoya Protocol) in research and development on the genetic and/or biochemical composition is permitted, but specific legal obligations apply. Institutional loan conditions may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
OK: living organism research	Living organism research such as germination trials or experiments, moisture relationship testing and diagnostic characterization is officially permitted without further obligations on research and development on the genetic and/or biochemical properties. Additionally, institutional obligations may apply.	not specified D L N LN	refers to future	approved	n	y	n	possible	n/a	n/a	possible	n/a	n/a	n/a	n/a
obligations: living organism research	Living organism research such as germination trials or experiments, moisture relationship testing and diagnostic characterization (everything about living organisms) is officially permitted with specific obligations. Additionally, institutional obligations may apply.	not specified D L	refers to future	approved	n	Y	n	possible	possible	n/a	possible	possible	n/a	n/a	n/a
NO living organism research	Living organism research such as germination trials or experiments, moisture relationship testing and diagnostic characterization (everything about living organisms) is prohibited	D L	refers to future	approved	n	Y	n	n/a	n/a	possible	n/a	n/a	possible	n/a	n/a
OK: 3rd party	Official permission to transfer the object to third parties. Institutional loan obligations may apply	not specified D L N LN CD	refers to future	approved				possible	n/a	n/a	possible	n/a	n/a	possible	possible
obligations: 3rd party	legal or contractual duties and/or restrictions on third party transfer apply	not specified D L CD	refers to future	approved	n	y	n	possible	possible	n/a	possible	possible	n/a	n/a	possible
NO 3rd party	transfer to 3rd parties is prohibited	not specified D L CD	refers to future	approved				n/a	n/a	possible	n/a	n/a	possible	n/a	possible
any quality	no quality statements (e.g. health certificates, ethical statement) necessary for this specimen	not specified D L N LN	refers to past	approved	n	Y		possible	n/a	n/a	possible	n/a	n/a	possible	n/a
ethical research	Ethical statement for a particular research project	n/a	both	approved	n	n	Y	n/a	n/a	n/a	n/a	n/a	n/a	n/a	n/a
PIC-exempt	A certificate or other document issued by an authority confirms that no PIC (=Prior Informed Consent issued by e.g. a Competent National Authority) is necessary. Not always the document specifies whether the legal background for the exemption is a specific law or the fact that no legal regulation is present. The exemption may imply other elements of permits/contracts, such as “OK: genetic and biochemical”	not specified L N LN	refers to future	approved	n	Y	n	n/a	n/a	n/a	possible	n/a	n/a	possible	n/a
MAT-exempt	A certificate or other document issued by an authority confirms that no MAT (=Mutually Agreed Terms on Benefit-sharing) is necessary. Not always the document specifies whether the legal background for the exemption is a specific law or the fact that no legal regulation is present. The exemption may imply other elements of permits/contracts, such as “OK: genetic and biochemical”	not specified L N LN	refers to future	approved	n	Y	n	n/a	n/a	n/a	possible	n/a	n/a	possible	n/a
pre-Act exemption	A certificate or other document issued by an authority confirms that the material originates from a time prior to enacting a certain law, and therefore is exempt from that law's requirements. Not always the document specifies whether the legal background is a clause of that specific law or the fact that such old material is not legally regulated.	not specified L N LN	refers to future	approved	n	Y	n	n/a	n/a	n/a	possible	n/a	n/a	possible	n/a
pre-listed exemption	A certificate or other document issued by an authority confirms that the material originates from a time prior to it's listing in a certain law, and therefore is exempt from this law's requirements. Not always the document specifies whether the legal background is a clause of that specific law or the fact that such old material is not legally regulated.	not specified L N LN	refers to future	approved	n	Y	n	n/a	n/a	n/a	possible	n/a	n/a	possible	n/a
not-protected exemption	A certificate or other document issued by an authority confirms that an official collection permit is not required because no protected species are concerned. Not always the document specifies whether the legal background for the exemption is a specific law or the fact that no legal regulation is present.	not specified L N LN	in the past	approved	n	Y	n	n/a	n/a	n/a	possible	n/a	n/a	possible	n/a
free of familiar pests	Confirmation of non-hazardous health, phytosanitary, etc. status at a certain point of time. As such, this content has no legal background, it is solely based on an expert's technical knowledge. (nevertheless, conducting this quality assessment may be legally required).	n/a	in the past	approved	n	Y	Y	n/a	n/a	n/a	n/a	n/a	n/a	n/a	n/a
free of biosecurity risks	Confirmation that the material is free of biosecurity risks, such as viruses, bacteria, spores, invertebrate eggs, living stowaways at a certain point of time. As such, this content has no legal background, it is solely based on an expert's technical knowledge. (nevertheless, conducting such a quality assessment may be legally required).	n/a	in the past	approved	n	Y	y	n/a	n/a	n/a	n/a	n/a	n/a	n/a	n/a
import approved	Permission to bring physical material into country, based on a public administration's decision in a document addressed to a specific person or legal entity	not specified D	in the past	approved	Y	n	n	possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
OK: collect material	Permission to collect physical material	not specified D L N LN CD	in the past	approved	n	Y	n	possible	n/a	n/a	possible	n/a	n/a	possible	possible
obligations: collect material	Collecting physical material is permitted, but specific obligations apply	not specified D L CD	both (obligations may extend to the future)	approved				possible	possible	n/a	possible	possible	n/a	n/a	possible
OK: sensitive information	Permission to get and use sensitive information	not specified D CD	both	approved				possible	n/a	n/a	n/a	n/a	n/a	n/a	possible
export approved	Official permission to export physical material from country, based on a public administration's decision in a document addressed to a specific person or legal entity	not specified D	in the past	approved	n	Y	n	possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
holding approved	Official permission to hold physical material that is subject to special national regulations because a government considered the specimen to be legally restricted (or even illegal) in one way or the other because of their properties.	not specified D L	refers to future	approved	n	Y	n	possible	n/a	n/a	possible	n/a	n/a	n/a	n/a
under CITES	this specimen is subject to CITES regulations	not specified D L	both	approved				possible	possible	n/a	possible	possible	n/a	n/a	n/a
OK: move countrywide	Permission to move physical material within a country (e.g. to another administrative division), based on a public administration's decision in a document addressed to a specific person or legal entity	not specified D	in the past	approved	n	Y	n	possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
OK: setting free	Permission to release living organisms into the wild, based on a public administration's decision in a document addressed to a specific person or legal entity	not specified D	in the past	approved	y	y	n	possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
OK: get ownership	Transfer of ownership title to physical material	not specified D	in the past	approved				possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
obligations: get ownership	Transfer of ownership title to physical material with specific obligations	not specified D	both (obligations may extend to the future)	approved				possible	possible	n/a	n/a	n/a	n/a	n/a	n/a
stewardship	the object is transferred under terms of stewardship, the owner retains the title and obligations for including the object in the collection have been set	not specified D	both (obligations may extend to the future)	approved				possible	possible	n/a	n/a	n/a	n/a	n/a	n/a
entering permitted	permission to enter a certain location/area, based on a written decision addressed to a specific person or legal entity, or a verbal decision directed to a specific person who created a written record	not specified D	often in past	approved	n	Y	n	possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
equipment permitted	permission to use certain equipment for collecting specimens, based on a written decision addressed to a specific person or legal entity, or a verbal decision directed to a specific person who created a written record	not specified D	often in past	approved	n	Y	n	possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
tagging permitted	permission to tag animals, based on a written decision addressed to a specific person or legal entity, or a verbal decision directed to a specific person who created a written record	not specified D	often in past	approved	n	Y	n	possible	n/a	n/a	n/a	n/a	n/a	n/a	n/a
mode(s) permitted	specific methods or modes for collecting, hunting, fishing or otherwise taking objects from a place where objects occur in nature were permitted	not specified D	often in past	approved				possible							n/a
BELOW WE LIST INDIVIDUAL OBLIGATIONS THAT MAY BE ADDED TO A MORE GENERAL ELEMENT FROM ABOVE SUCH AS "obligations: genetic & biochemical"
required: for residents	it is required to have temporary resident status	not specified D	often in past	approved	n	Y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: visa	it is required to have a temporary stay visa for researchers	not specified D	often in past	approved	n	Y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: exit permit	it is required to obtain an “exit permit” at the end of research	not specified D	often in past	approved	n	Y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: teaching	it is required to provide training for local staff or students	not specified D	often in past	approved	n	Y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: report progress	it is required to send regular progress reports	not specified D		approved	n	Y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: exit report	it is required to deliver an interim report upon leaving the country	not specified D	often in past	approved	n	Y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: cash	it is required to deliver a security cash deposit	not specified D	often in past	approved	n	Y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: payment	upfront payment required for e.g. collecting	not specified D	often in past	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: send publication	copies of publication must be sent	not specified D CD	both	approved	y		n	n/a	possible	n/a	n/a	n/a	n/a	n/a	possible
required: inform public legal entity	an authorised public legal entity must be informed about data that have been obtained from the specimen	not specified D	refers to future	approved					possible	n/a	n/a	n/a	n/a	n/a	n/a
required: send taxa names	provide sample list to providing country	not specified D	often in past	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: provider uID	use provider country's unique identifier	not specified D	both	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: holding location	hold genetic resource in defined location only	not specified D	both	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: negotiate 3rd party	transferring the specimen to a third party requires additional negotiations	not specified D CD	refers to future	approved				n/a	possible	n/a	n/a	n/a	n/a	n/a	possible
required: work abroad	conduct work in provider country	not specified D	both	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: negotiate commercial	using the specimen for commercial purposes requires additional negotiations	not specified D CD	refers to future	approved				n/a	possible	n/a	n/a	n/a	n/a	n/a	possible
required: non-commercial	present permit requires uses to be non-commercial	not specified D	refers to future	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: no economic benefit	only for research and development lacking economic benefits	not specified D	refers to future	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: IPR notification	notify the provider country once intellectual property rights are granted based on research and development with this specimen, or when such rights are commercialised	not specified D	refers to future	approved				n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: share sales	a certain amount of the sales from a product based on research and development on this specimen must be shared	not specified D	refers to future	approved				n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: method	a certain methodology is required	not specified D	refers to future	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: single research	only a specific research plan is allowed	not specified D	often in past	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: handle duplicates	provisions for sample duplicates apply	not specified D	often in past	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: handle left-over	provisions for left-over material apply	not specified D	both	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
required: return left-over	at the end of the project all remaining genetic resources must be returned to the provider	not specified D CD	refers to future	approved				n/a	possible	n/a	n/a	n/a	n/a	n/a	possible
required: handle “DSI”	provisions apply to “digital sequence information” originating from this specimen	not specified D	refers to future	approved	n	y	n	n/a	possible	n/a	n/a	n/a	n/a	n/a	n/a
BELOW WE LIST TYPICAL ELEMENTS OF LOAN AGREEMENTS
NO destructive sampling	a loan is possible, but destructive sampling is not by any means acceptable	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
destructive sampling restricted	destructive sampling requires prior consultation with the lending institution and a separate permission	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
dissecting restricted	dissecting the specimen/material requires prior consultation with the lending institution	CD	refers to future	approved	n	y	n	n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
NO shipping	cannot be shipped (transport outside the holding institution)	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
preparation restricted	transforming the (microscopic) specimen into a preparation requires prior consultation with the lending institution	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
share images	images that have been produced from the specimen must be shared with the lending institution	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
NO microwave	microwave treatment of the specimen is prohibited	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
storage parameters	the specimen must be stored under defined parameters and/or following specific procedures	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
NO sampling	borrowers must not take samples from the specimen on their own, they may ask the lending institution for providing a sample	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
negotiate commercial use	any commercial use of the specimen, of photographs of the specimen or of other elements created with the help of the specimen requires additional negotiations	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y
not available	this specimen is temporarily not avaialble, e.g. because it is on loan or must be restored	CD	refers to future	approved				n/a	n/a	n/a	n/a	n/a	n/a	n/a	Y

Explanations

↑¹ ) D — an individual document based on a public administration's decision (for a specific person or legal entity); L — written law; N — no legal provisions exist; LN — No individual document is necessary for e.g. the permission, but evidence is missing whether this is based on written law or missing legal provisions; CD — contract/deed (civil law)

Comments

↑ ¹ ) An individually granted permission/obligation/prohibition is based on a document issued to a specific person or legal entity, often after examination of a specific project; in contrast to permissions/obligations/prohibitions based on written law without individualised documents, the law however can be referenced. Neither is present where something is not subject to national/supranational (e.g. EU) legislation, which means that depending on the applicable legal system it is allowed (based the principle that everything is allowed unless expressly prohibited) or forbidden (principle that everything is prohibited unless expressly allowed)