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Why do we need to use a Material Transfer Agreement?

Like all legal documents, the language of the Standard Material Transfer Agreement (SMTA) looks complicated and intimidating.

Don't worry! The ideas and rationale are quite simple.

On the other hand ... there are some important conditions, and you do need to be aware of what you may have do and when! If you've any queries, seek expert advice!

The Treaty is founded on two key ideas:

  • Facilitated, easy, low cost, efficient, effective exchange of germplasm between countries is vital for sustainable progress in agriculture. Farmers, breeders and other scientists must be allowed to use existing germplasm to create improved varieties. Allowing and encouraging them to profit from their work is necessary to promote sustainable progress.
  • All such exchange of germplasm has to be fair. The rights of the provider of germplasm must be recognized, and system of exchange must ensure that the recipient contributes a fair and equitable share of the benefits arising from the use of the germplasm
The SMTA is intended implement these simple ideas, ensuring that everyone can continue to have free access to use the germplasm for the benefit of the world's poor, while at the same time ensuring that the benefits that arise from its use are shared fairly and equitably.

If we did not protect the germplasm and related information with a SMTA, then anyone could claim ownership and take out patents or claim other forms of Intellectual Property Rights. They could then prevent you or us from using it without their approval. The SMTA aims to make sure that that could never happen.

Importantly, the SMTA does not prevent farmers from farming with the germplasm. They can grow and sell the produce commercially in exactly the same was as they would with any other traditional variety or landrace. They just can't do things like patenting it - but as that is not a normal part of farming, farmers can accept the SMTA without any worry that it might limit how they farm with it. (Of course, they still have to comply with national legislation applicable in their country - and some countries do not allow the sale of the produce of landraces or traditional varieties that have not been registered. But that is a separate issue, nothing to do with the SMTA)

Equally importantly, the SMTA allows you to use the material freely for your own research, training and breeding for food and agriculture. You can create, protect and commercialize your own improved varieties using the material we send you. Such use is essential for sustainable progress in agriculture.

So the idea is simple. Unfortunately, trying to enforce simple ideas in law is never simple. Complicated language is needed to define the intention unambiguously and therefore to ensure that the right legal decisions are made in the event of a dispute being taken to a court of law. We did not write the SMTA. It was developed by inter-governmental agreement through the Governing Body of The Treaty at its first meeting. We use the SMTA by an agreement between IRRI and the Governing Body signed on 16 October 2006.