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Whereas, the State and its people exercise sovereign and inalienable rights over their
biological resources;
Whereas, the rights of local communities over their biological resources, knowledge andtechnologies that represent the very nature of their livelihood systems and that have
evolved over generations of human history, are of a collective nature and, therefore, area priori rights which take precedence over rights based on private interests;
Whereas, the vital role that women play in the generation, conservation, and sustainable
use of biological diversity and associated knowledge and technologies is self evident,
and it thus becomes essential to make it possible for their full participation at all levels ofpolicy-making and implementation in relation to biological diversity, and associatedknowledge and technologies;
Whereas, it is necessary to protect and encourage cultural diversity, giving due value tothe knowledge, technologies, innovations and practices of local communities with respect
to the conservation, management and use of biological resources;
Whereas, it is the duty of the State and its people to regulate access to biologicalresources and to community knowledge and technologies;
Whereas, the State recognizes the necessity of providing adequate mechanisms forguaranteeing the just, equitable and effective participation of its citizens in the protectionof their collective and individual rights and in making decisions which affect its biologicaland intellectual resources as well as the activities and benefits derived from theirutilization;
Whereas, there is the need to promote and support traditional and indigenous technologies for in the conservation and sustainable use of biological resources and tocomplement them by appropriately developed modern technologies;
Whereas, there is the need to implement the relevant provisions of the Convention on
Biological Diversity, in particular Article 15 on access to genetic resources, and Article
8(j) on the preservation and maintenance of knowledge, innovations and practices ofindigenous and local communities;
Whereas, all forms of life are the basis for human survival, and, therefore, the patentingof life, or the exclusive appropriation of any life form or part or derivative thereof violates
the fundamental human right to life;
Now, therefore, it is hereby legislated as follows:OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

PART IOBJECTIVES
The main aim of this legislation shall be to ensure the conservation, evaluation andsustainable use of biological resources, including agricultural genetic resources, andknowledge and technologies in order to maintain and improve their diversity as a meansof sustaining all life support systems.
The specific objectives of this legislation shall be to:a) recognize, protect and support the inalienable rights of local communities
including farming communities over their biological resources, knowledge andtechnologies;b) recognize and protect the rights of breeders;c) provide an appropriate system of access to biological resources, community
knowledge and technologies subject to the prior informed consent of the Stateand the concerned local communities;d) promote appropriate mechanisms for a fair and equitable sharing of benefits
arising from the use of biological resources, knowledge and technologies;e) ensure the effective participation of concerned communities, with a particularfocus on women, in making decisions as regards the distribution of benefits
which may derive from the use of their biological resources, knowledge andtechnologies;
H

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communities and breeders, and the conditions of access to biological resources,
community knowledge and technologies;h) promote the conservation, evaluation and sustainable utilisation of biologicalresources with a particular focus on the major role women play;K

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OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

PART II
DEFINITIONS AND SCOPE

Definitions

1.
The use of the following terms shall take the meanings in this legislation,
as defined below:
Access is the acquisition of biological resources, their derivatives,
community knowledge, innovations, technologies or practices as
authorised by the National Competent Authority.
Benefit Sharing is the sharing of whatever accrues from the utilisation of
biological resources, community knowledge, technologies,
innovations or practices.
Biological resource includes genetic resources, organisms or parts
thereof, populations, or any other component of ecosystems,
including ecosystems themselves, with actual or potential use orvalue for humanity.
Collector is any natural or legal person, entity or agent obtaining accessto biological resources, local practices, innovations, knowledge ortechnologies under authority given by the National Competent
Authority.
Community Rights are those rights held by local communities over their
biological resources or parts or derivatives thereof, and over theirpractices, innovations, knowledge and technologies.
Community Knowledge or indigenous knowledge is the accumulated
knowledge that is vital for conservation and sustainable use of
biological resources and/or which is of socio-economic value, andwhich has been developed over the years in indigenous/local
communities.
Derivative is a product developed or extracted from a biologicalresource; a derivative may include such products as plant varieties,oils, resins, gums, proteins etc.
Ex Situ Condition is the condition in which a biological resource isfound outside its natural habitat. Under the present law, any lineage
that is cultivated within its country of origin is not considered to be in
an ex situ condition.
Innovation is any generation of a new, or an improvement of an existing,collective and/or cumulative knowledge or technology throughalteration or modification, or the use of the properties, values orprocesses of any biological material or any part thereof, whether
documented, recorded, oral, written or in whatever manner
otherwise existing.
In Situ Condition is the condition in which a biological resource is foundin its ecosystem or natural habitat. In the case of a domesticated or
cultivated variety, its condition is in situ when that variety is found in
the cultural context in which its specific properties have beendeveloped.
Local Community is a human population in a distinct geographical area,with ownership over its biological resources, innovations, practices,knowledge, and technologies governed partially or completely by its
OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

own customs, traditions or laws.
National Competent Authority is the entity authorised by the State tosupervise and watch over the implementation of one or more of thecomponents of the present law.
Prior Informed Consent (PIC) is the giving by a collector of complete
and accurate information, and, based on that information, the prioracceptance of that collector by the government and the concerned
local community or communities to collect biological resources, orindigenous knowledge, or technologies.

Scope

2.
1) This legislation applies to:i) Biological resources in both in situ and ex situ conditions;ii) The derivatives of the biological resources;iii) Community knowledge and technologies;iv) Local and indigenous communities; andv) Plant breeders
2) This legislation shall not affect the following:i) The traditional systems of access, use or exchange of biologicalresources;ii) Access, use and exchange of knowledge and technologies by
and between local communities;3) The sharing of benefits based upon the customary practices of theconcerned local communities, provided that the provisions ofparagraph 2 shall not be taken to apply to any person or persons notliving in the traditional and customary way of life relevant to theconservation and sustainable use of biological resources.

PART IIIACCESS TO BIOLOGICAL RESOURCES

Application
for access tobiologicalresources
and to theknowledge
andtechnologies
of localcommunities

3.
1) Any access to any biological resources and knowledge ortechnologies of local communities in any part of the country shall be
subject to an application for the necessary prior informed consent
and written permit.
2) Any access to any biological resource in a protected area shall be
subject to an application for the necessary prior informed consent
and written permit.
3) All applications for the necessary consent and written permit toaccess any biological resource, community knowledge ortechnology, shall be directed to the National Competent Authority
unless otherwise explicitly provided for by law.
4.
1) In making an application for access as provided in article 3 above,
the following information shall be provided by the applicant:i) the identity of the applicant and the documents that testify toOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

her/his legal capacity to contract, including, where appropriate,
the identity of all partners with the contracting party;ii) the resources to which access is sought, including the sites fromwhich it will be collected, its present and potential uses, itssustainability and the risks which may arise from access to it;iii) whether any collection of the resource endangers any
component of biological diversity and the risks which may arise
from the access;iv) the purpose for which access to the resource is requested
including the type and extent of research, teaching orcommercial use expected to be derived from it;v) description of the manner and extent of local and national
collaboration in the research and development of the biologicalresource concerned;vi) the identification of the national institution or institutions which
will participate in the research and be in charge of the monitoringprocess;vii) the identity of the location where the research and development
will be carried out;viii) the primary destination of the resource and its probablesubsequent destination(s);ix) the economic, social, technical, biotechnological, scientific,
environmental or any other benefits that are intended, or may belikely to, accrue to the country and local communities providing
the biological resource as well as the collector and the country or
countries where he/she operates;x) the proposed mechanisms and arrangements for benefit
sharing;xi) description of the innovation, practice, knowledge or technology
associated with the biological resource; andxii) an environmental and socio-economic impact assessment
covering at least the coming three generations, in cases where
the collection is in large quantities.
2) Nothing in paragraph (1) shall prevent the National Competent
Authority requesting for any other information which it may deem
necessary for the effective implementation of this legislation.

Requirement 5.
1) Any access to biological resources, knowledge and or technologies
ofof local communities shall be subject to the written prior informed
Consultationconsent of:and Priori) the National Competent Authority; as well as that ofInformedii) the concerned local communities, ensuring that women are also
Consent
involved in decision making.
(PIC)2) Any access carried out without the prior informed consent of theState and the concerned local community or communities shall bedeemed to be invalid and shall be subject to the penalties provided
in this legislation or any other legislation that deals with access tobiological resources.
OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

3) The National Competent Authority shall consult with the local
community or communities in order to ascertain that its/their consent
is sought and granted. Any access granted without consultation withthe concerned community or communities shall be deemed to beinvalid and in violation of the principle and requirement for priorinformed consent as required under this Article.

Placement of 6.
1)
Completed
Application
Form inPublic2)
Registry

Upon completion of the application, the National Competent
Authority shall place or cause to be placed, the said application in a
public registry or gazette, or cause it to be published in a newspaperthat is reasonably accessible to the public for a period of x days.
Any person may consult the public registry and comment on theapplication.
3) The National Competent Authority shall cause the wide and effective
dissemination of the relevant information to the communities
concerned and to other interested parties.

Granting ofAccess7.


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2) Any access permit shall be granted through a signed writtenagreement , between the National Competent Authority and/or theconcerned local community or communities on the one hand whereapplicable, and, the applicant or collector on the other hand.
3) The access permit shall only be valid if there is a written priorinformed consent.

Contents of 8.
1) The agreement referred to in article 7 shall contain commitments
theundertaken or to be undertaken by the collector, as follows.
Agreement
K

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ii)

to guarantee to deposit duplicates of, with complete field
information on, each specimen of the biological resource or therecords of community innovation, practice, knowledge ortechnology collected with the duly designated governmental
agencies and, if so required, with local community organizations;iii) to inform immediately the National Competent Authority and theconcerned local community or communities of all findings fromresearch and development on the resource;iv) not to transfer the biological resource or any of its derivatives orthe community innovation, practice, knowledge or technology to
any third party without the authorization of the National
Competent Authority and the concerned local community orcommunities;v)
not to apply for any form of intellectual property
OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

protection over the biological resource or parts or derivatives
thereof and not to apply for intellectual property rights
protection over a community innovation, practice, knowledge
or technology without the prior informed consent of theoriginal providers;vi)
to provide for the sharing of benefits;vii) access shall be conditioned upon a commitment to contribute
economically to the efforts of the State and concerned local
community or communities in the regeneration and conservationof the biological resource, and the maintenance of theinnovation, practice, knowledge or technology to which access issought;viii) submit to the National Competent Authority a regular status
report of research and development on the resource concerned
and where the biological resource is to be collected in large
quantities on the ecological state of the area; andix) abide by the relevant laws of the country particularly thoseregarding sanitary control, biosafety and the protection of theenvironment as well as by the the cultural practices, traditional
values and customs of the local communities.
2) All efforts should be made for the research to be done in the country
and in a manner that facilitates the participation of actors in the
country of the provider of the biological resource.

Patents overLife Forms
andBiological
Processes

9.
1) Patents over life forms and biological processes are not recognized
and cannot be applied for.
2) The collector shall, therefore, not apply for patents over life forms
and biological processes under this legislation or under any otherlegislation relevant to the regulation of access and use of a biologicalresource, community innovation, practice, knowledge andtechnology, and the protection of rights therein.

Approval of
Granting ofAccess10.
The National Competent Authority shall approve the granting of accessto the biological resource or the community innovation, practice,knowledge or technology in question with any conditions it may deem
necessary. In granting access the National Competent Authority shallensure that all the requirements under this legislation have been fulfilled.

11.
Conditions
Pertaining to 1) The National Competent Authority shall subject all applications foraccess to a biological resource, a community innovation, practice,
Academic
knowledge or technology to the prior informed consent of theandconcerned community or communities.
Research
Institutions, 2) The National Competent Authority shall determine the appropriate
conditions to be met under the written agreement referred to in
PublicArticle 8, by academic and research institutions, public agencies andAgencies
inter-governmental institutions.
and InterOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

governmental
Institutions

3) The application for access for research purposes shall clearly state
the objective of the research and the relation of the applicant toindustry. Neither the sample nor the associated information shall betransferred without a material transfer agreement reserving the priorrights of the State and/or community or communities.
4) Where the institutions referred to in this Article change their activities
to be predominantly the commercialisation of a biological resource,
the National Competent Authority shall cause the conditions andterms to be varied accordingly.

Benefit
Sharing12
1. The access permit should be subject to the payment, made before
commencement of collection, of a fee the sum of which will depend
on whether or not the collection is to be used for commercial
purposes, and the number of samples, the area of collecting, theduration of collection and whether or not the collector is granted
exclusive rights.
2. The State and the community or communities shall be entitled to ashare of the earning derived from when any biological resource
and/or knowledge collected generates, directly or indirectly, a
product used in a production process.

Types of
Permit to be
Granted forAccess13.
1) Having ascertained that the conditions set by the prior informed
consent procedure have been fulfilled, the National Competent
Authority shall grant the applicant/collector the appropriate permit foraccess. This may be an academic research permit, a commercial
research permit, or a commecial exploitation permit.
2) No person shall be in possession of and use two types of permit at
the same time for the same resource unless granted written
permission to do so.
3) Nothing in this Article shall be deemed to limit the National
Competent Authority's power to issue any other type of accesspermit.

Revocationof Access
Permit14.
1) The National Competent Authority may unilaterally withdraw consent
and repossess the written permit under the following conditions:i) when there is evidence that the collector has violated any of theprovisions of this legislation;ii) when there is evidence that the collector has failed to comply
with the agreed terms; andiii) when there is failure to meet any of the conditions of access;iv) for reasons of overriding public interest; orv) for the protection of the environment and biological diversity.
2) Any termination or withdrawal of consent shall be done in
consultation with the concerned local community or communities.

Restrictions

15.
OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resourceson Activities The National Competent Authority should establish restrictions to or
prohibitions on those activities which are directly or indirectly related toRelated toaccess to or introduction of a biological resource, particularly in cases of:Access ori) endangered taxa;
Introductionii) endemism or rarity;of Biologicaliii) adverse effects upon human health or upon the quality of life or
Resources
the cultural values of local communities;iv) environmental impacts which are undesirable or difficult to control;v) danger of genetic erosion or loss of ecosystems, their resourcesor their components, which arise from undue or uncontrolledcollection of biological resources;vi) non-compliance with rules on biosafety or food security; andvii) use of resources for purposes contrary to national interest and to
relevant international agreements entered into by the country.
PART IVCOMMUNITY RIGHTS

Recognition 16.
of the Rights The State recognizes the rights of communities over the following:i) their biological resources;of Local andii) the right to collectively benefit from the use of their biologicalIndigenous
resources;
Communitiesiii) their innovations, practices, knowledge and technologies
acquired through generations;iv) the right to collectively benefit from the utilisation of theirinnovations, practices, knowledge and technologies;v) their rights to use their innovations, practices, knowledge andtechnologies in the conservation and sustainable use of
biological diversity;vi) the exercise of collective rights as legitimate custodians andusers of their biological resources;
Applicationof the Law
onCommunity
Rights17.
The State recognizes and protects the community rights that are
specified in Article 16 as they are enshrined and protected under thenorms, practices and customary law found in, and recognized by, theconcerned local and indigenous communities, whether such law is
written or not.

18.
Prior
Any access to a biological resource, innovation, practice, knowledge orInformed
technology, shall be subject to the prior informed consent (pic) of theConsent
concerned community or communities ensuring that women fully and(PIC) ofequally participate in decision making.
Local
CommunitiesOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Right toRefuseConsent andAccess19.
Local communities have the right to refuse access to their biologicalresources, innovations, practices, knowledge and technologies wheresuch access will be detrimental to the integrity of their natural or cultural
heritage.

Right toWithdraw orPlace
Restrictions
on Consent
and Access

20.
Local communities shall have the right to withdraw consent or place
restrictions on the activities relating to access where such activities arelikely to be detrimental to their socio-economic life, or their natural orcultural heritage.

Right toTraditional
Access, UseandExchange

21.

Right toBenefit22.
1) The State shall ensure that at least fifty per cent of benefits provided
for in Article 12.2 shall be channeled to the concerned local
community or communities in a manner which treats men andwomen equitably.
2) The sharing the benefits in paragraph 1) above shall involve the fullparticipation and approval of the concerned local community orcommunities.

RecognitionofCommunity
Intellectual
Rights23.
1) The Community Intellectual Rights of the local communities,
including traditional professional groups, particularly traditional
practioners, shall at all times remain inalienable, and shall be further
protected under the mechanism established by this legislation.
2) An item of community innovation, practice, knowledge or technology,
or a particular use of a biological or any other natural resource shallbe identified, interpreted and ascertained by the local communities
concerned themselves under their customary practice and law,whether such law is written or not.
3) Non-registration of any community innovations, practices, knowledge
or technologies, is not to mean that these are not protected by
Community Intellectual Rights.
4) The publication of a written or oral description of a biologicalresource and its associated knowledge and information, or thepresence of these resources in a genebank or any other collection, or
its local use, shall not preclude the local community from exercising.QECN EQOOWPKVKGU UJCNN GZGTEKUG VJGKT KPCNKGPCDNG TKIJV VQ CEEGUU WUGGZEJCPIG QT UJCTG VJGKT DKQNQIKECN TGUQWTEGU KP UWUVCKPKPI VJGKT NKXGNKJQQF
U[UVGOU CU TGIWNCVGF D[ VJGKT EWUVQOCT[ RTCEVKEGU CPF NCYU

2) No legal barriers shall be placed on the traditional exchange systemof the local communities in the exercise of their rights as provided forin paragraph (1) above and in other rights that may be provided by
the customary practices and laws of the concerned local
communities.

OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

its community intellectual rights in relation to those resources.

PART VFARMERS' RIGHTS

Recognitionof Farmers'
Rights24.
1) Farmers' Rights are recognized as stemming from the enormous
contributions that local farming communities, especially their women
members, of all regions of the world, particularly those in the centresof origin or diversity of crops and other agro-biodiversity, have madein the conservation, development and sustainable use of plant andanimal genetic resources that constitute the basis of breeding forfood and agriculture production; and2) For farmers to continue making these achievements, therefore,
Farmers' Rights have to be recognized and protected.

Applicationof the Law
on Farmers'
Varieties

25.
1) Farmers' varieties and breeds are recognized and shall be protectedunder the rules of practice as found in, and recognized by, thecustomary practices and laws of the concerned local farming
communities, whether such laws are written or not.
2) A variety with specific attributes identified by a community shall be
granted intellectual protection through a variety certificate which
does not have to meet the criteria of distinction, uniformity andstability. This variety certificate entitles the community to have theexclusive rights to multiply, cultivate, use or sell the variety, or tolicense its use without prejudice to the Farmers' Rights set out in thislaw.

Farmers'
Rights26.
1) Farmers' Rights shall, with due regard for gender equity, include theright to:C

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CPKOCN IGPGVKE TGUQWTEGUb) obtain an equitable share of benefits arising from the use ofplant and animal genetic resources;c) participate in making decisions, including at the national level, on
matters related to the conservation and sustainable use of plant
and animal genetic resources;d) save, use, exchange and sell farm-saved seed/propagating
material of farmers' varieties;e) use a new breeders' variety protected under this law to develop
farmers' varieties, including material obtained from genebanks orplant genetic resource centres; andf) collectively save, use, multiply and process farm-saved seed ofprotected varieties.
2) Notwithstanding sub-paragraphs c) and d), the farmer shall not sellfarm-saved seed/propagating material of a breeders' protectedOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

variety in the seed industry on a commercial scale.
3) Breeders' Rights on a new variety shall be subject to restriction withthe objective of protecting food security, health, biological diversity
and any other requirements of the farming community for
propagation material of a particular variety.

Certificationof Farmers'
Varieties

27
1. Any product derived from the sustainable use a biological resource
shall be granted a certificate or label of recognition.
2 A certificate of fair trade shall be granted to a product derived from abiological resource or knowledge or technology, when a significant
part of the benefits derived from the product go back to the local
community.

PART VI
PLANT BREEDERS' RIGHTS

Recognitionof Plant
Breeders'
Rights28.
Plant Breeders' Rights stem from the efforts and investments made bypersons/institutions for the development of new varieties of plants, as
defined in Article 41, being the basis for providing recognition andeconomic reward.

Characteristi 29.
A variety will be considered new if it:
cs of Newa) is, by reason of one or more identifiable characteristics, clearly
Varieties
distinguishable from all varieties the existence of which is amatter of common knowledge at the effective date of application
for the grant of a Plant Breeders' Rights.
b) is stable in its essential characteristics, in that after repeated
reproduction or propagation or, where the applicant has defineda particular cycle of reproduction or multiplication, at the end ofeach cycle, remains true to its description;c)is, having regard to its particular features of sexual
reproduction or vegetative propagation, a sufficiently
homogenous variety or is a well-defined multiline.
Rights of
Plant
Breeders

30.
1) A Plant Breeders' Rights, in respect of a new variety, is:a) the exclusive right to sell, including the right to license otherpersons to sell plants or propagating material of that variety;b) the exclusive right to produce, including the right to license otherpersons to produce, propagating material of that variety for sale;2) A Plant Breeders' Rights in respect of a plant variety is subject to theconditions provided in Part V, the Farmers' Rights Part of this Act.

Exemptions 31.
to the Rights 1) Notwithstanding the existences of Plant Breeders' Rights in respectOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resourcesof Breeders

of a plant variety, any person or farmers' community may:a) propagate, grow and use plants of that variety for purposes otherthan commerce;b) sell plants or propagating material of that variety as food or for
another use that does not involve the growing of the plants or
the propagation of that variety;c) sell within a farm or any other place at which plants of thatvariety are grown any plants or propagating material of thatvariety at that place.
d) use plants or propagating material of the variety as an initialsource of variation for the purpose of developing another new
plant variety except where the person makes repeated use ofplants or propagating material of the first mentioned variety forthe commercial production of another variety.
e) sprout the protected variety as food for home consumption or forthe market.
f) use the protected variety in further breeding, research orteaching.
g) obtain, with the conditions of utilization, such a protected variety
from genebanks or plant genetic resources centres.
2) Farmers will be free to save, exchange and use part of the seed fromthe first crop of plants which they have grown for sowing in their own
farms to produce a second and subsequent crops subject toconditions specified in Part V, the Farmers' Rights Part of this Act.

Applicationof Breeders'
Rights32.
1) Subject to this Act, a breeder of a new plant variety may make anapplication to the National Competent Authority for a Plant Breeders'
Rights in respect of the variety.
2) A breeder of a new variety, or his successor, has the right to makean application for a Plant Breeders' Rights in respect of that variety,whether or not the breeder is a citizen or foreigner, or is resident or
not and whether the variety was bred locally or abroad.
3) Where two or more persons are entitled to make an application for a
Plant Breeders' Rights in respect of a new variety, whether byreason that they bred the plant variety jointly or independently orotherwise, those persons or some of those persons may make a
joint application for those rights.
4) Where two or more persons breed a new plant variety jointly, one ofthose breeders or a successor of one of those breeders shall notmake an application for a Plant Breeders' Rights in respect of thatvariety otherwise than jointly with, or with the consent in writing of,the other person, or each other person, entitled to make anapplication for those Rights.
5) In the case of both public-financed and private institutions, theapplication can be made in the name of the institution.

Restrictions
to Plant

33.
1) Where the Government considers it necessary, in the public interest,OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Breeders'
Rightsthe Plant Breeders' Rights in respect of a new variety shall be
subject to conditions restricting the realization of those rights. These
restrictions may be imposed, inter alia:a) where problems with competitive practices of the Rights holder
are identified;b) where food security or nutritional or health needs are adversely
affected;c) where a high proportion of the plant variety offered for sale isbeing imported;d) where the requirements of the farming community for
propagating material of a particular variety are not met; ande) where it is considered important to promote public interest forsocio-economic reasons and for developing indigenous andother technologies;
2) Where restrictions are imposed on a Plant Breeders' Rights:a) the grantee shall be given a copy of the instrument setting out
the conditions of the restriction;b) a public notice shall be given;c) the compensation to be awarded to the holder of the Rights shallbe specified;d) the Rights-holder may appeal against the compensation award.
3) In particular, and without prejudice to the generality of the foregoingprovisions, the relevant Government authority shall have the right toconvert the exclusive Plant Breeders' Rights granted under this Act
to non-exclusive Plant Breeders' Rights (compulsory licence of right).

Duration of
Plant
Breeders'
Rights34.
Subject to this Act, a Plant Breeders' Rights in respect of a plant variety
shall exist for a period of 20 years in the case of annual crops and 25
years in the case of trees, vines and other perennials commencing on
the day on which the successful application for a Plant Breeders' Rights
in respect of the plant variety was accepted.

DisputeSettlement

35.
Where conflicts arise on whether a plant variety qualifies as a new plantvariety under the Act, they will be handled administratively through the
National Competent Authority, an ad hoc tribunal and finally through thecourt of law.

Infringement 36.
1) An action or proceedings for an infringement of a Plant Breeders's of Plant
Rights may be instituted in writing in a court or, if agreeable to bothBreeders'
parties, it may be submitted to a binding arbitration.
Rights2) A defendant in an action or proceeding for an infringement of a Plant
Breeders' Rights in respect of a variety may apply by way of counterclaim for the revocation of that Plant Breeders' Rights:a) on the grounds that the variety was not a new plant variety;b) on the grounds that facts exist which, if known to the National
Competent Authority before the grant of that Plant Breeders’OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Rights, would have resulted in the refusal of the grant.
3) If, in an action or proceedings for an infringement of a Plant
Breeders' Rights in respect of a plant variety in which a defendant
has applied by way of counter-claim for the revocation on the
grounds referred to in paragraph 2)a) or b), the court is satisfied thatthe grounds exist, the court may revoke that Plant Breeders’ Rights.
4) Where, in an action or proceedings for an infringement of a Plant
Breeders' Rights, the court, on an application by the defendant by
way of counter-claim, revokes the Plant Breeders' Rights, the court
shall order the defendant to serve on the National Competent
Authority a copy of the order revoking that Plant Breeders' Rights.

National
Competent
Authority

37.
The State shall designate or establish a National Competent Authority
which shall implement and enforce the provisions on Plant Breeders'
Rights in this Act.

Registrationof Plant
Breeders'
Rights38.
The National Competent Authority shall:a) receive and examine applications for the registration of Plant
Breeders' Rights;b) carry out the required trials for testing the applicant's variety;c) register and issue certificates for Plant Breeders' Rights;d) publish applications for Plant Breeders' Rights in the Official
Gazette;e) hear opposition on the registration of any Plant Breeders' Rights;f) maintain the Register for Plant Breeders' Rights.

Register of
Plant
Breeders'
Rights39.
The National Competent Authority shall keep a National Register of Plant
Breeders' Rights in which shall be entered particulars required by this Act
or regulations.

Plant
Genetic
Resources
Centres40.
The Government shall declare or gazette specified plant genetic
resources centre(s), as suitable centre(s) for storage and maintenance of
germplasm material for the purpose of this Act.

41.
Filing ofApplications 1) Where an application is filed in respect of a Plant Breeders' Rights:a) the application is accepted if the National Competent Authority issatisfied that:i) the application complies with the requirements of Article 29;andii) the specified fees have been paid; orb) the application is rejected if the National Competent Authority issatisfied that it does not fulfil the prescribed requirements.
2) Where the National Competent Authority accepts an application it
shall, within 30 days after accepting the application, given writtenOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

notice to the applicant stating that the application has been accepted
and it shall give public notice of the application.
3) Where the National Competent Authority rejects an application, it
shall, within 30 days after rejecting the application, give written noticeto the applicant stating that the application has been rejected andstating the grounds for rejection.

Uniform
Testing andAssessment
Procedures

42.
1) On the acceptance of an application, the National Competent
Authority shall stipulate the quantity of seed/planting material thatshould be made available by the applicant for trials and testing.
2) The National Competent Authority shall arrange to get statisticallyvalid trials conducted to evaluate the suitability of the variety fornational release.
3) The assessment criteria shall include important economic,
physiological, ecological and nutritive quality attributes.
4) The fees with respect to a Plant Breeders' Rights shall be fixed on
the basis of the administrative and examination costs incurred.

Characteristi 43.
For the purpose of this Act, where a plant variety in respect of which an
cs of Plant
application has been accepted has originated from outside the country,
Varieties
the variety shall not be taken to have a particular characteristic unless:
Originatingfrom Outside a) statistically valid, multi-locational, variety trials carried out in the
country for at least three growing seasons have demonstrated that
the Country
the variety has the specific characteristic as claimed by theapplicant; orb) an exceptional crises in food production so requires and the National
Competent Authority is satisfied that:i) statistically valid trials on the variety carried out outside thecountry have demonstrated that the variety has that specified
characteristic; andii) the natural environment outside the country under which thestatistically valid trials were carried is similar to the environment
in the country.
Plant
Varieties
Trials44.
1) Where, in dealing with an application in respect of a plant variety, theNational Competent Authority considers it necessary that there
should be a statistically valid trial or a further statistically valid trial ofthe variety, trials shall be carried out:a) for the purpose of determining whether the plant variety is
distinct, homogenous or stable;b) for the purpose of determining whether the variety will, if grownin the country, exhibit the claimed distinctiveness, homogeneity
and stability;c) requiring the applicant to supply sufficient seed or propagationmaterial of the variety, as the case requires, and with any
necessary information, to enable the variety to be test grown forOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

the purpose so specified.
2) After the completion of the trials on a plant variety, any plants or
propagation material of plants used in, or resulting from, the trials
that are capable of being transported shall be removed by theapplicant for a Plant Breeders' Rights in respect of that plant variety.

WithdrawalofApplication

45.
1) An application may be withdrawn by the applicant at any time before
the publication of the application.
2) Where an application is withdrawn after its publication in the Official
Gazette, but before the granting of a Plant Breeders' Rights, theNational Competent Authority shall forthwith publicise thatwithdrawal.

Provisional
Protection

46.


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a) when the application is disposed of; orb) where the National Competent Authority has given the applicant
a notice at the expiration of the prescribed period, after thenotice is given.
2) Steps to protect genetic materials of new varieties under testing will
be taken, so as to prevent their use for non-research purposes.

Opposition
to Grant of
Plant
Breeders'
Rights

Grant
Plant

47.
1) Where official gazettement of an application for a Plant Breeders'
Rights in respect of a plant variety or of the variation of such avariety is given, any person who considers that:a) commercial or public interests would be negatively affected by
the grant of those rights to the applicant;b)
the application in relation to that variety does not fulfil theprescribed criteria for granting a Plant Breeders' Rights;
may within 6 months after publication of the application, or any
further time before the application is disposed of, lodge with the
National Competent Authority a written objection to the grantingof the Rights setting out the particulars of the objection.
2) Where an opposition to the grant of a Plant Breeders' Rights islodged under paragraph 1), the National Competent Authority shallcause a copy of that opposition to be given to the applicant for that
Plant Breeders’ Rights.
3) Any person may inspect an application, or an opposition lodged, at
any reasonable time and is entitled, upon payment of such fee as isprescribed, to be given a copy of the application or of the opposition.

of 48.
1) Subject to this Article, an application for a Plant Breeders' Rights inOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Breeders'
Rights

2)

3)

4)

5)

6)

7)

8)

9)

Entry ofrespect of a plant variety is granted if the National Competent
Authority is satisfied that:i) there is such a plant variety;ii) the plant variety is a new plant variety;iii) the applicant is entitled to the application;iv) the grant of those rights to the applicant is not prohibited bythis Act;v) those rights have not been granted to another person;vi) there has been no earlier application for those rights thathas not been withdrawn or otherwise disposed of; andvii) all fees payable under this Act in relation to the application
have been paid;
If the National Competent Authority is not satisfied that theconditions in paragraph 1) above have been fulfilled, the National
Competent Authority shall refuse to grant that Plant Breeders’ Rights
to the applicant.
The National Competent Authority shall not grant, or refuse to grant,
a Plant Breeders' Rights in respect of a plant variety unless a periodof six (6) months has elapsed since the publication of the applicationin the official gazette, or, if the application has been varied in amanner that the National Competent Authority considers to besignificant, a period of 6 months has elapsed since the publication ofparticulars of the variation, or of the last such variation, as the caserequires.
The National Competent Authority shall not refuse to grant a Plant
Breeders' Rights unless it has given the applicant for that Plant
Breeders’ Rights a reasonable opportunity to make a written
submission in relation to the application.
Where an opposition to the grant of a Plant Breeders' Rights has
been lodged, the National Competent Authority shall not grant the
Plant Breeders’ Rights unless it has given the person who lodged the
opposition a reasonable opportunity to make a written submission in
relation to the objection.
A Plant Breeders' Rights shall be granted and issued by the National
Competent Authority to the applicant in the form specified in its
regulations.
Where a Plant Breeders' Rights over one variety is granted topersons, that Plant Breeders’ Rights shall be granted to those
persons jointly.
Where a Plant Breeders' Rights is granted to a public or private
institution, it shall accrue to the institution represented by thedesignated person or persons.
Where the National Competent Authority refuses to grant a Plant
Breeders' Rights in respect of a plant variety, the National
Competent Authority shall, within 30 days after refusing, give written
notice of the refusal to the applicant clearly setting out the grounds
for the refusal.

49.


OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

1) When the National Competent Authority grants a Plant Breeders'
Plant
Rights in respect of a plant variety, it shall enter in the Register:
Breeders'a) a description, or a description and photograph, of the plant
Rights in thevariety;
Registerb) the name of the variety;c) the pedigree of the variety (where possible);d) the name of the grantee;e) the name and address of the breeder;H

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g) the date on which the Plant Breeders’ Rights was granted;h) a description of the communities/localities in the country entitled
to Farmers' Rights in relation to the variety;i) such other particulars relating to the grant as the National
Competent Authority considers appropriate.

Publicationof Grant of
Plant
Breeders'
Rights50.
Where a Plant Breeders' Rights has been granted, the National
Competent Authority shall, within 30 days after granting, publish that
Plant Breeders' Rights in the official gazette. The publication will also
make reference to the entitlements under Farmers' Rights.

Effect ofGrant on
Certain
Persons

51.
1) Where a Plant Breeders' Rights in respect of a plant variety has
been granted to a person, another person who was entitled to makean application for that Plant Breeders’ Rights, whether or not a
person who developed that variety independently of the breeder, or
the successor of such another person, is not entitled to any interestin that Plant Breeders’ Rights because of the entitlement to make theapplication or because of the grounds of the entitlement, but nothing
in this Article prevents a person from applying to the National
Competent Authority for the revocation of that Plant Breeders’ Rights
or from instituting proceedings before a court in respect of that Plant
Breeders’ Rights.
2) Where:a) a Plant Breeders' Rights in respect of a new plant variety has
been granted to a person, andb) another person (in this paragraph referred to as the ‘eligible
person’) was entitled, at a law or in equity to have the right tomake an application for that Plant Breeders' Rights assigned tothe eligible person, then the eligible person is entitled to havethat Plant Breeders' Rights assigned to her/him.

Nature of
Plant
Breeders'
Rights52.
1) A Plant Breeders' Rights is personal property and, subject to any
conditions imposed under other paragraphs, is capable ofassignment or of transmission by will or by operation of law.
2) An assignment of a Plant Breeders' Rights does not have effectunless it is in writing, signed by or on behalf of the assignor.
OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Assignmentof Plant
Breeders'
Rights53.
1) Where a Plant Breeders' Rights is assigned or transmitted to aperson, that person shall, within 30 days after acquiring it, inform the
National Competent Authority in writing that the person has acquiredthat Plant Breeders’ Rights, giving particulars of the manner in which
it was acquired, and the National Competent Authority, if satisfied
that the Plant Breeders’ Rights has been so assigned or transmitted,
shall enter the name of that person on the Register as the grantee ofthat Plant Breeders’ Rights.
2) Where in accordance with paragraph 1), the National Competent
Authority enters on the Register as the grantee of a Plant Breeders'
Rights the name of a person who claims to have acquired that Plant
Breeders’ Rights, it shall, within 30 days after entering the name in
the Register, give written notice to the person newly entered and to
the person who was the grantee before the new entry was madestating that the entry has been made.
3) Where the National Competent Authority is not satisfied that a Plant
Breeders' Rights has been assigned or transmitted to a person who
has informed the National Competent Authority in accordance withparagraph 1) that that Plant Breeders’ Rights has been thus
assigned or transmitted to the claimant, the National Competent
Authority shall forthwith:a) give written notice to the claimant:i) stating that the National Competent Authority is not satisfied;andii) setting out the grounds on which the National Competent
Authority is not so satisfied; andb) give written notice to the grantee of those rights:i) setting out particulars of the information given by theclaimant;ii) stating that the National Competent Authority is not satisfied;andiii) setting out the grounds on which it is not so satisfied.
4) A person who informs the National Competent Authority inaccordance with paragraph 1) that a Plant Breeders' Rights has
been assigned or transmitted to her/him shall give written notice to
the National Competent Authority of an address in the country for theservice of documents in accordance with this Act; anda) where the National Competent Authority enters the name of that
person on the Register in accordance with paragraph 1) and that
address is different from the address already entered in theRegister, it shall amend the Register so that the address sogiven is entered in the Register as the address for service of
documents on the grantee for the purpose of this Act; orb) where the National Competent Authority is not satisfied thatthose rights have been assigned or transmitted to that person,
the notice to that person under paragraph 3)a) shall be given by
being posted.
OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Supply of
Propagating
Material

54.
1) A Plant Breeders' Rights in respect of a plant variety is subject to thecondition that the grantee of the Rights shall comply with any noticegiven to her/him by the National Competent Authority.
2) Where a Plant Breeders' Rights are granted in respect of a plantvariety, the National Competent Authority may give the grantee of
the Plant Breeders’ Rights written notice requiring the grantee, within
14 days of the giving of the notice or any other time that is allowed,
to cause a specified quantity of propagating material of that variety to
be delivered, at the expense of the grantee, to a specified plant
genetic resources centre and a herbarium.
3) The quantity of the propagating material of a variety specified in a
notice under paragraph 2) shall be the quantity that the National
Competent Authority considers would be sufficient to enable thatvariety to be kept in existence if there were no other propagating
material of that variety.
4) Where the propagating material is delivered to a plant genetic
resources centre in accordance with the conditions imposed on Plant
Breeders' Rights by paragraph 1), the National Competent Authority
shall, subject to paragraph 6), cause that material to be stored at a
specified plant genetic resources centre.
5) The delivery and storing of the propagating material in accordancewith this paragraph does not affect the ownership of the material butthat the material shall not be dealt with otherwise than for the
purposes of this Act.
6) The propagating material stored at a plant genetic resources centre
may be used by the National Competent Authority for the purposes
set out in this Act.
7) Without limiting paragraphs 5) and 6), where, the propagating
material is stored at a plant genetic resources centre as gazetted by
the Government according to Article 39 of this Act, the material shallnot form part of the national collection, and shall not be used for the
purposes of that collection, until a decision on the application for a
Plant Breeders' Rights is taken. Once the variety is accorded
recognition, the propagating material can be provided for purposesof further research and breeding under the intimation of the depositorof the material.

Revocationof Plant
Breeders'
Rights55.
1) The National Competent Authority shall revoke a Plant Breeders'
Rights in respect of a plant variety if:a) it is satisfied that the plant variety was not new or that facts exist
which, if known before the grant of that Plant Breeders’ Rights,
would have resulted in the refusal of the grant; orb) the grantee has failed to pay a prescribed fee payable in respectof that Plant Breeders’ within 90 days after having been notified
that the prescribed fee was due for payment.
2) The National Competent Authority may revoke a Plant Breeders'OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

3)

4)

5)

6)
7)

8)

Rights if it is satisfied that:a) the grantee has failed to comply, in relation to that Plant
Breeders’ Rights, with the prescribed conditions; orb) a person to whom that Plant Breeders’ Rights has been
assigned or transmitted has failed to comply with the provisionsof this Act.
Where the National Competent Authority revokes a Plant Breeders'
Rights in respect of a plant variety in accordance with this Article, it
shall, within 7 days after the decision is taken, give written notice ofthe revocation to the grantee setting out the grounds for the
revocation.
The National Competent Authority shall not revoke a Plant Breeders'
Rights in accordance with this Article unless and until it has given the
grantee and any person to whom it believes that Plant Breeders’
Rights has been assigned or transmitted, particulars of the grounds
for the proposed revocation and given the grantee and any such
person a reasonable opportunity to make a written submission in
relation to the proposed revocation.
The revocation of a Plant Breeders' Rights in respect of a plantvariety in accordance with this Article takes effect:a) subject to paragraph 4), at the expiration of the period within
which an application may be made to a court for a review of therevocation; orb) if such an application is made to the court, at the time when theapplication is withdrawn or finally determined by a court.
Nothing in this Article shall be taken to affect the powers or the legal
system.
Any person whose interests are affected by the granting of a Plant
Breeders' Rights in respect of a plant variety may apply to the
National Competent Authority for the revocation of that Plant
Breeders’ Rights in accordance with this section.
The National Competent Authority shall consider any application
under paragraph 7) for the revocation of a Plant Breeders' Rights.
The decision of the National Competent Authority not to revoke thePlant Breeders’ Rights shall be communicated to the applicant by awritten notice within 7 days after the decision is taken, setting out the
grounds for the decision.

Surrender of 56.
1) Subject to paragraph 2) of Article 34, a grantee of a Plant Breeders'
Plant
Rights may at any time, by giving notice to National Competent
Breeders'
Authority, offer to surrender that Plant Breeders’ Rights: the National
RightsCompetent Authority, after giving public notice of the offer and giving
all interested parties an opportunity to make a written submission in
relation to the offer, may, if it finds fit, accept the offer and revoke
those rights.
2) Where an action or proceeding in respect of a Plant Breeders' Rights
is pending in a court, the National Competent Authority shall not
accept an offer for the surrender of, or revoke, that Plant Breeders’OAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Rights, except by leave of the court or by consent of the parties tothe action or proceeding.

PART VII
INSTITUTIONAL ARRANGEMENTS
INSTITUTIONAL ARRANGEMENTS

ARRANGEMENTS

Establishme
nt of theNational
Competent
Authority

INSTITUTIONAL

57.
The State shall designate or establish a National Competent Authority
which shall implement and enforce the provisions of this legislation. Its
duties shall include those set out in Article 29.

Duties of the 58.
The duties of the National Competent Authority are, while ensuring
National
gender equity, to:Competent
Authority
K
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ii)

carry out the process of consultation and participation of local
communities, including farming communities, in the identificationof their rights as provided for under the customary practices andlaws of the communities;iii) identify types of Community Intellectual Rights and Farmers'
Rights;iv) identify and define the requirements and procedures necessary
for the recognition of Community Intellectual Rights andFarmers' Rights;v) develop criteria and mechanisms to standardise procedures;vi) develop a system of registration of items protected by
Community Intellectual Rights and Farmers' Rights according totheir customary practices and law;vii) issue licenses for the exploitation and commercialisation of
biological resources, including protected species, varieties orlineages, and commmunity innovations, practices, knowledge
and technologies;viii) identify relevant technical institutions that will assist local
communities, including farming communities, in the
categorisation and characterisation of their biological resources,
innovations, practices, knowledge and technologies.

Establishme 59.
nt of National A National Inter-Sectoral Co-ordination Body at the highest level,composed of representatives from relevant public sectors, scientific andInterSectoral Co- professional organizations, non-governmental and local community
organizations, shall be created as a body to co-ordinate and follow-up
ordination
the proper implementation of this legislation by the National Competent
BodyOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

Authority.

Functions of 60.
the National The functions of the National Inter-Sectoral Coordination Body shall beto:Interi) ensure that the minimum conditions for agreements with collecSectoral Cotors are strictly observed and complied with;ordinationii) ensure that the rights of local communities, including farming
Body
communities, are protected, with due regard for gender equity,wherever the activities relating to the accessing, collection or
research on biological resources, community innovations,practices, knowledge and technologies are conducted, including
verifying that the requirements of prior informed consent by the
local communities are complied with;iii) recommend policies and laws on the sustainable use of
biological resources including new laws on intellectual property
rights, Community Intellectual Rights and Farmers' Rights overtheir biological resources, innovations, practices, knowledge andtechnologies; andiv) perform such other functions as may be necessary for theeffective implementation of this legislation.
Composition 61.
The National Inter-Sectoral Co-ordination Body shall be composed of theof thefollowing persons:National
Here the functional composition of the body can be outlined, theInterqualifications, fields of expertise or specialisation, public interest
Sectoral Coqualities, industry, community based organizations and persons fromordination
relevant areas and fields with due regard for gender equity. This
Body
section seeks to fulfil the requirements set out in Article 29 above.
Appointmentof TechnicalAdvisory
Body

62.
It is hereby appointed a body to be known as the Technical Advisory
Body to support the work of the National Inter-Sectoral Co-ordination
Body.

Functions of 63.
the Technical The functions of the Technical Advisory Body shall be to:AdvisoryK
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ii)

prepare lists of taxa threatened by deterioration and/or extinction
and of the places threatened by serious loss of biological diversity;

KKK

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CPFv) perform such other functions as may be necessary to implement
this legislation.

Establishme
nt of aNational
Information
System64.
1) It is hereby established that there shall be a National Information
System with regard to biological resources, which includes theactivities set out in the following Article.
2) Local communities may also establish databases on their biologicalresources together with their components and derivatives, and theknowledge and technologies of those communities.
3) Access to information in the National Information System anddatabases shall be regulated by a charter setting out the rights of
the owners of the data.

Activities of
the National
Information
System65.
The activities of the National Information System shall include inter alia
the following:i) the compilation and documentation of information on Community
Intellectual Rights, Farmers' Rights, gender equity and access tobiological resources, community innovations, practices,knowledge and technologies;ii) the maintenance of an up-to-date system of information about
research and development activities on biological resources andcommunity innovations, practices, knowledge and technologies;andiii) the compilation of information on piracy of biological resources,
community innovations, practices, knowledge and technologies,
and the disseminating of this information to all relevant andconcerned bodies.

Establishme
nt of aCommunity
Gene Fund

66.
1) The Community Gene Fund shall be established as an autonomous
Trust. A Director shall be appointed to administer the Fund. The
Director shall report to the National Competent Authority.
2) There shall be an autonomous Trust to administer a Community
Gene Fund deriving its funds from the shares due to local farming
communities under Article 27.1(b) in Part V on Farmers' Rights. The
Fund, which will be exempted from income tax, can receive
contributions from national and international bodies and others
interested in strengthening genetic conservation by local
communities.
# TQ[CNV[ VQ DG HKZGF D[ VJG 0CVKQPCN %QORGVGPV #WVJQTKV[ DCUGF QP VJG
ITQUU XCNWG QH VJG $TGGFGTU 4KIJVU RTQVGEVGF UGGFU UQNF UJCNN DG ETGFKVGF
VQ VJG %QOOWPKV[ )GPG (WPF HQT VJG DGPGHKV QH HCTOKPI EQOOWPKVKGUYJQUG HCTOGTU XCTKGVKGU JCXG DGGP VJG DCUKU HQT VJG DTGGFKPI QH DTGGFGTUXCTKGVKGU4) The gene fund shall be used to finance projects developed by thefarming communities, ensuring equity for women, with or without theOAU MODEL LAW , ALGERIA, 2000 — Rights of Communities, Farmers, Breeders,and Access to Biological Resources

participation of experts to help them, aimed at solving their felt
problems, including, but not restricted to, the development,
conservation and sustainable use of agricultural genetic resources.
5) All salaries and administrative expenses relating to theestablishment and administration of the Community Gene Fund will
be met by the Government, in order to ensure that the entire
proceeds of the Fund go to the farming local communities.
6) The Community Gene Fund will have a Fund Management
Committee, comprising representatives of farming local
communities, professionals, non-governmental organizations, andthe public and private sector.

PART VIIIENABLING PROVISIONSSanctionsandPenalties

67.
1) Without prejudice to the existing agencies and authorities, the State
shall establish appropriate agencies with the power to ensurecompliance with the provisions of this law.
2) Without prejudice to the exercise of civil and penal actions which may
arise from violations of the provisions of this legislation and subsequent regulations, sanctions and penalties to be provided may
include:i) written warning;ii) fines;iii) automatic cancellation / revocation of the permission for access;iv) confiscation of collected biological specimens and equipment;v) permanent ban from access to biological resources, community
knowledge and technologies in the country.
3) The violation committed shall be publicized in the national and international media and shall be reported by the National Competent
Authority to the secretariats of relevant international agreements andregional bodies.
4) When the collector conducts his/her operations outside of national
jurisdiction, any alleged violations by such a collector may be prosecuted through the cooperation of the government under whose
jurisdiction the collector operates based on the guarantee that thelatter has provided.

Appeals

68.
Decisions on approval, disapproval or cancellation of agreements
regarding access to biological resources, community knowledge ortechnologies may be appealed through appropriate administrative
channels. Recourse to the courts shall be allowed after exhaustion of alladministrative remedies.

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