Do my obligations differ if I access IRRI germplasm in the form of PGRFA under Development rather than as unimproved germplasm?
If you access IRRI in the form of PGRFA under Development, you do not have to make that germplasm available to others while you are continuing to develop it. You in effect become the new “developer” of the PGRFA under Development and have the same developer’s rights as IRRI has over the material. Article 6.5 of the SMTA specifically provides that where PGRFA under Development is transferred under the SMTA, the Recipient will not be bound by the provisions of Article 5a of the SMTA, i.e. the obligation to make the material available expeditiously etc. Whether or not to make the material available is a matter within your discretion as its new developer during the period of its development.
