Agreement on Access to, Agreement on Access to, and Benefit-sharing from, and Benefit-sharing from,

TeffTeff genetic resources genetic resources

Institute of Biodiversity Institute of Biodiversity ConservationConservation

1.1. Parties Parties Institute of Biodiversity Institute of Biodiversity

Conservation, Ethiopia (Conservation, Ethiopia (ProviderProvider)) Authority to grant and regulate Authority to grant and regulate

access to GR and effecting the access to GR and effecting the sharing of benefitsharing of benefit

The Ethiopian Institute of Agricultural The Ethiopian Institute of Agricultural Research (EIAR), Research (EIAR),

National Teff Research InstitutionNational Teff Research InstitutionAndAnd

The Health and Performance Food The Health and Performance Food International bv. (HPFI) (International bv. (HPFI) (recipientrecipient))

CompanyCompany

2.2. The Genetic resourceThe Genetic resource Teff (Teff (Eragrostis tefEragrostis tef) is a crop ) is a crop

species of Ethiopian origin and species of Ethiopian origin and has various attributes of has various attributes of interest to the food industries. interest to the food industries.

Traditional uses:Traditional uses: Flour: IFlour: Injera (pan-cake), Teff-njera (pan-cake), Teff-

bread, “Chechebsa” (Pieces of bread, “Chechebsa” (Pieces of cracker with butter & spices), cracker with butter & spices), “Genfo” (Pudding) etc.“Genfo” (Pudding) etc.

Grain : “Tela, Katikala” (Local Grain : “Tela, Katikala” (Local drinks) drinks)

Straw: Straw: feed for cattle, to reinforce feed for cattle, to reinforce mud and plaster the walls of tukuls mud and plaster the walls of tukuls and local storage facilities “and local storage facilities “goteragotera ““

3. Agreement of access3. Agreement of access The Provider agreed to grant the The Provider agreed to grant the

company access to Teff to develop new company access to Teff to develop new applications of Teff.applications of Teff.

The Company agreed to share benefits The Company agreed to share benefits arising out of the use to the Provider.arising out of the use to the Provider.

4. Scope of access4. Scope of access

TheThe Provider Provider agreed to grant the Company agreed to grant the Company accesses to accesses to 12 varieties12 varieties of Teff specified in the of Teff specified in the agreement.agreement.

The purpose of access is for developing non-The purpose of access is for developing non-traditional Teff-based food and beverage traditional Teff-based food and beverage specified in the agreement.specified in the agreement.

TheThe company company cannot use the Teff for any other cannot use the Teff for any other purposes (e.g. chemical, pharmaceutical, etc.) purposes (e.g. chemical, pharmaceutical, etc.) without further negotiation.without further negotiation.

TheThe Provider Provider will not grant these varieties to will not grant these varieties to other parties for the same product with that of other parties for the same product with that of the Company.the Company.

The The CompanyCompany is not permitted to access the TK is not permitted to access the TK of Ethiopian communities,of Ethiopian communities, it shall not claim any it shall not claim any rights over, nor make commercial benefit out of, rights over, nor make commercial benefit out of, such TKsuch TK

5. Effect of the Agreement5. Effect of the Agreement

The agreement shall not affect the sovereign The agreement shall not affect the sovereign rights of Ethiopia over Teff genetic resources.rights of Ethiopia over Teff genetic resources.

The agreement shall not affect any traditional The agreement shall not affect any traditional products of Teff in Ethiopia or abroad.products of Teff in Ethiopia or abroad.

6.6. Transfer to third PartiesTransfer to third Parties

The The companycompany cannot transfer Teff seed cannot transfer Teff seed samples or their genetic components to third samples or their genetic components to third parties without consent from the parties without consent from the ProviderProvider..

7. 7. Intellectual Property OwnershipIntellectual Property Ownership

The The companycompany cannot claim IPR over genetic cannot claim IPR over genetic resource of Teff or its component.resource of Teff or its component.

the the companycompany and and EIAREIAR shall co-own plant shall co-own plant breeders’ rights over new Teff varieties.breeders’ rights over new Teff varieties.

Research results be owned jointly by both Research results be owned jointly by both parties.parties.

8. 8. Benefit-sharingBenefit-sharing The company agreed to:The company agreed to:

Pay annual royalty on the net profit from the Pay annual royalty on the net profit from the sale of Teff based products.sale of Teff based products.

Pay annual royalty on the net profit from sales Pay annual royalty on the net profit from sales of Teff seed of new varieties developed.of Teff seed of new varieties developed.

to pay to the to pay to the ProviderProvider annual license fee annual license fee Share research results and technologies.Share research results and technologies. to contribute to and to contribute to and Solicit funding to augment Solicit funding to augment

Teff development.Teff development. Establish Teff business in Ethiopia: Teff Establish Teff business in Ethiopia: Teff

farming, cleaning & milling, bakeries, etc.farming, cleaning & milling, bakeries, etc. Acknowledge Ethiopia as source of Teff.Acknowledge Ethiopia as source of Teff.

9.9. DurationDuration 10 years10 years The parties may renegotiate the The parties may renegotiate the

agreement at the end of that period.agreement at the end of that period.

10.10. Penalty Penalty A Party that breaches the agreement A Party that breaches the agreement

shall pay a penalty to the aggrieved shall pay a penalty to the aggrieved party.party.

11. Termination11. Termination If the company goes bankrupt.If the company goes bankrupt. If one of the parties fails to fulfill or If one of the parties fails to fulfill or

violates its obligation.violates its obligation.

12.12. Dispute settlementDispute settlement Seek solution to disputes by negotiation.Seek solution to disputes by negotiation. Disputes not resolved by negotiation will be Disputes not resolved by negotiation will be

determined by an arbitration body to be determined by an arbitration body to be established by the parties.established by the parties.

The decision of the arbitral tribunal will be The decision of the arbitral tribunal will be final and binding.final and binding.

13.13. Monitoring and Follow-upMonitoring and Follow-up The The companycompany submits annual research and submits annual research and

financial reports.financial reports. The The Provider Provider may examine at any moment, may examine at any moment,

through an independent accountant, the through an independent accountant, the bookkeeping and administrative details of the bookkeeping and administrative details of the company.company.

14.14. Applicable LawsApplicable Laws CBD and its relevant decisions, guidelines and CBD and its relevant decisions, guidelines and

lows that emanate from it. includinglows that emanate from it. including International Treaty of Plant Genetic Resources for International Treaty of Plant Genetic Resources for

Food and Agriculture.Food and Agriculture. Union for Protection of New Plant Varieties.Union for Protection of New Plant Varieties.

15.15. Lessons Learnt Lessons Learnt

• The need for developing ABS negotiation and The need for developing ABS negotiation and administration skill.administration skill.

• The need for access to knowledge The need for access to knowledge (information) on market potential of intended (information) on market potential of intended products.products.

• The need for access to benefit sharing The need for access to benefit sharing experiences. experiences.

• Better negotiation in the case of Better negotiation in the case of Vernonia Vernonia galamensisgalamensis