General features of contracts for natural product collaborations (technical report)

Abstract

Many scientists in developing countries are interested in orderly development on an equitable basis of economically useful discoveries based upon research on indigenous natural products. Availability of funds and technical expertise in the country of origin is often a limiting factor. Cooperation with individuals and organizations possessing these is frequently a practical necessity for the work to go forward. Inexperience in patent and legal matters as well as perceived differences in comparative power are often found to be inhibitory. The discussion by IUPAC is intended to be helpful in such cases by setting forth the elements which are commonly present in collaborative contracts. This material was developed by considering a dozen such contracts in present effect between persons from several different countries of origin and firms based in Europe and USA. This paper is not a contract, but indicates the elements usually present and the negotiable items which need to be settled amicably. Some explanatory comments by IUPAC are appended in appropriate places as well. This information is for background purposes only and is not intended to substitute for legal expertise. All parties entering into such negotiations should avail themselves of experienced legal advice. © 1996, Walter de Gruyter GmbH, Berlin/Boston. All rights reserved.