MAT EBI......................................................

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1. Presented by: Ermiyas Y. Addis Ababa Date: 8/28/2024

2. Definition: MAT refers to contracts outlining the conditions for accessing genetic resources and sharing benefits derived from their use, in line with the Convention on Biological Diversity (CBD) , the Nagoya Protocol and Ethiopian ABS Legislations . Importance: MAT is essential for balancing the interests of resource providers and users, preventing biopiracy, and promoting ABS, Sustainable use and biodiversity conservation. Introduction to Mutually Agreed Terms (MAT)

3. Proclamation No. 482/2006: Establishes community rights over genetic resources and outlines requirements for access. Regulation No. 169/2009: Provides detailed procedures for implementing MAT, including application processes, benefit-sharing mechanisms, and compliance. Key Institutions: The Ethiopian Biodiversity Institute (EBI) is responsible for managing and overseeing MAT agreements. Overview of Ethiopia’s ABS Framework

4. Key Elements of the Model MAT Agreement Parties Involved: The agreement is signed between the Ethiopian Biodiversity Institute (EBI) and the user company. Legislation Reference: Proclamation No. 482/2006, Article 14 mandates the involvement of the provider (EBI) and the applicant (user). Scope of Access and Obligations: Specifies genetic resources, geographical areas, and usage limitations. Legislation Reference: Proclamation No. 482/2006, Articles 6 and 7 require prior informed consent (PIC) and community consultation.

5. Monetary Benefits: Includes upfront payments, royalties, and annual license fees. Legislation Reference: Proclamation No. 482/2006, Articles 12 and 13 emphasize equitable benefit-sharing. Non-Monetary Benefits: Technology transfer, capacity building, and involvement of Ethiopian scientists. Legislation Reference: Regulation No. 169/2009, Articles 18 and 19 provide guidelines on the use and distribution of access money. Benefit-Sharing Provisions

6. Co-Ownership of Inventions: Joint ownership of patents, restrictions on claiming intellectual property, and confidentiality obligations. Legislation Reference: Proclamation No. 482/2006, Article 15 covers the protection of traditional knowledge and intellectual property rights (IPR). Transfer Restrictions: Genetic resources cannot be transferred to third parties without explicit permission. Legislation Reference: Regulation No. 169/2009, Article 8 provides for the protection of confidential information. Intellectual Property and Confidentiality Photo: a person scubas through the water near a rock formation Photo by NEOM Powered by Unsplash

7. Monitoring Mechanisms: Regular reporting, right to audit, and penalties for non-compliance. Legislation Reference: Proclamation No. 482/2006, Article 17 discusses monitoring and enforcement mechanisms. Technological Tools: Implementation of digital databases and blockchain for enhanced transparency and traceability. Monitoring and Compliance

8. Dispute Mechanism: Procedures for arbitration, penalties, and conditions for termination of the agreement. Legislation Reference: Proclamation No. 482/2006, Article 18 outlines the dispute resolution process, including arbitration. Termination Clauses: Conditions under which the agreement can be terminated, ensuring that both parties are protected. Dispute Resolution and Termination Photo: a person swimming in the ocean with a lot of fish Photo by NEOM Powered by Unsplash

9. Conclusion and Key Takeaways Summary: The Model MAT agreement is essential for ensuring fair and equitable benefit-sharing in Ethiopia, supported by robust legislative frameworks. Future Outlook: Emphasize the need for continuous improvement in compliance and monitoring mechanisms to ensure sustainable use of genetic resources.

10. Overview: The successful MAT agreement between the EBI and Docomo Oils PLC for the commercialization of Osyris species. Benefits Shared: Included upfront payments, royalties, and significant non-monetary contributions such as job creation and infrastructure development. Legislative Compliance: The case study demonstrates adherence to Proclamation No. 482/2006 and Regulation No. 169/2009. Case Study: Commercialization of Osyris Species