Benefit Sharing Clause Samples
The Benefit Sharing clause outlines how the advantages, profits, or other positive outcomes resulting from a project, partnership, or use of resources will be distributed among the involved parties. Typically, this clause specifies the proportion or method by which financial gains, intellectual property rights, or other benefits are allocated, and may detail timelines, reporting requirements, or mechanisms for dispute resolution. Its core function is to ensure fairness and transparency in the distribution of benefits, thereby preventing misunderstandings and disputes over entitlements.
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Benefit Sharing. Part-time employees shall be entitled to enroll in those employee benefits provided in Articles B.11.2 and B.11.3. Benefit premiums for such employees will be shared on the following basis: 0.1 86.5% 13.5% 0.2 73.5% 26.5% 0.3 60.0% 40.0% 0.4 46.5% 53.5% 0.5 33.5% 66.5% 0.6 to 0.9 20.0% 80.0%
Benefit Sharing. 8.1 The sharing of benefits should be discussed and negotiated between the Provider and Recipient before Materials are transferred to the Recipient.
8.2 The Parties agree to Benefit Sharing as detailed in Annexure B.
Benefit Sharing. The RECIPIENT shall, if applicable, share fairly and equitably the benefits arising from their utilisation of the MATERIAL, its progeny or derivatives in accordance with the CBD. A non-exhaustive list of non- monetary and monetary benefits is given at Appendix II to the Annex to the Nagoya Protocol5.
Benefit Sharing. The benefits arising from the access and use of the Genetic Resources shall be shared fairly and equitably by the User, in accordance with the principles estab- lished in the CBD. Basic benefits to be shared include:
1. The offer to the Provider to include local researchers in the research activities, if such interest exists.
2. In case of publications or oral presentation of the research results, full acknowledgement is to be given to the source of the Genetic Resource;
3. If TK associated to the Genetic Resources is involved, the research results published or presented orally will include full acknowledgement of the source of the Genetic Resources and the TK, if so required by the providers.
4. The Provider will receive a copy of all publications;
5. Research results will be communicated to involved stakeholders (e.g. communities, indigenous people) in an adequate manner and according to reasonable requirements of the Provider;
6. If applicable, share duplicate specimens wih the repository in the Provider country in accordance with good scientific practice. In addition, the User agrees to share the following ben- efits:
Benefit Sharing. SEQUOIA has entered into contracts requiring SEQUOIA to pay portions of the payments that it may receive pursuant to Sections 5.1, 5.2, 5.3 5.4 and 5.5 to certain of its collaborators as access fees and to promote conservation of biological diversity. Such payments shall be the sole responsibility of SEQUOIA.
Benefit Sharing. If the supplied material leads to any results / products worth commercialization, a separate memorandum of understanding (MoU) shall be entered between the provider and the recipient. The terms for benefit sharing may be both monetary and/or non-monetary as per Annexure 2 of ICAR Guidelines for Intellectual Property Management and Technology Transfer/Commercialization (2006) as outlineda.
Benefit Sharing. The Company has agreed to share the following monetary and non-monetary benefits that arise out of the utilization of the genetic resources/biological resources.
Benefit Sharing. 9.1. The User shall pay to the Provider of annual gross ex-factory sales of the product on such date as may be agreed between the relevant parties. .
9.2. of the total monetary benefits specified in clause 9.1 shall be paid to the Bhutan Access and Benefit Sharing Fund.
Benefit Sharing. Benefit sharing as defined by the Nagoya Protocol is directed to the provider. As noted above, IPRs may be a means of benefit sharing, but there is clearly no direct link or obligation in the Nagoya Protocol that requires that IPRs serve the purpose of benefit sharing. Thus, cash flows directly related to IPRs such as royalties or through joint ownership of IPRs is by no means the only way by which there can be benefit sharing under the Nagoya Protocol. In fact, the Protocol lists a number of means to share in the benefits if a product is commercialized from resources accessed under the CBD. The Annex to the Protocol divides, in non-mutually exhaustive lists, benefits into monetary and non-monetary categories. Examples of the former, aside from joint ownership and license fees, milestone payments, special fees to be paid to trust funds supporting conservation and sustainable use of biodiversity, research funding and access fees. Examples of the latter include sharing of R&D results, collaboration, cooperation and contribution in scientific R&D (particularly in biotechnology and where possible in the party providing genetic resources), access to databases, education and training, food and livelihood security benefits, as well as various forms of technology transfer.
Benefit Sharing. 16.1 The benefits that the Provider will receive from the Recipient in exchange for transferring the Data to the Recipient are described in Annexure D.
16.2 Apart from the benefits listed in Annexure D, all academic publications and press releases that report on the Research Study or Project must acknowledge that the Data were provided by the Provider.
16.3 If the Data are Personal Information, all academic publications and press releases that report on the Research Study or Project must:
16.3.1 ensure that no Data Subject is identified or identifiable from the publication unless the Data Subject’s express Consent has been obtained for such publication;
16.3.2 take action to prevent discrimination, stigma or harm to any community identified in the publication; and
16.3.3 acknowledge the Data Subjects (anonymously) and where relevant the Data Subjects’ community.
16.4 If the Data were generated from bio-specimens, either directly or indirectly, or are associated with bio-specimens, each Party warrants that it did not, and will not provide any reward in money or in kind to the Data Subjects, whether directly or indirectly, excluding health research ethics committee approved compensation for:
16.4.1 expenses incurred; and
16.4.2 time, inconvenience, and risk.