GENERAL FEATURES OF CONTRACTS FOR NATURAL PRODUCT COLLABORATIONS

Many scientists in developing countries are interested in orderly deve lopment on an equitable basis of economically useful discoveries based upon research on indigenous natural products. Availability of funds a nd technical expertise in the country of origin is often a limiting fa ctor. Cooperation with individuals and organizations possessing these is frequently a practical necessity for the work to go forward. Inexpe rience 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 el ements which are commonly present in collaborative contracts. This mat erial was developed by considering a dozen such contracts in present e ffect between persons from several different countries of origin and f irms based in Europe and USA. This paper is not a contract, but indica tes the elements usually present and the negotiable items which need t o be settled amicably. Some explanatory comments by IUPAC are appended in appropriate places as well. This information is for background pur poses only and is not intended to substitute for legal expertise. All parties entering into such negotiations should avail themselves of exp erienced legal advice.