Biological Resource Center, NITE (NBRC)

Restriction for distribution and condition for utilization

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Restriction for distribution

Strains regulated by Foreign Exchange and Foreign Trade Act

Strains listed below are classified as the specific kinds of goods specified by Appended Table 2 of Export Trade Control Order or by Article 2-2 of the Ordinance of the Ministry Specifying Goods and Technologies Pursuant to Provisions of the Appended Table 1 of the Export Control Order and the Appended Table of the Foreign Exchange Order. We do not ship these items overseas.

When ordering these strains for domestic use in Japan, please be sure to attach signed or sealed affidavit of use along with the order form and send them to us by postal mail. We do not accept your request by email or facsimile.

The organisms included in this list may be changed due to amendment of the Law. All applicable strains are shown as "Export prohibited by law" with pink colored line on NBRC online catalog (Fig. 1).


Fig. 1
List of Strains regulated by Foreign Exchange and Foreign Trade Act
Name of Organisms NBRC No.
Clavibacter michiganensis subsp. sepedonicus 13763, 13764
Cochliobolus miyabeanus 4870, 5277, 5844, 6631, 7503, 9633, 100214, 100215, 100216
Pyricularia grisea 5280, 6694, 7286, 7287, 9349, 9480, 30511, 30512, 30513, 30514, 30515, 30516
Pyricularia oryzae 5279, 5994, 6193, 8771, 8773, 8774, 8775, 30517, 30518, 30519, 30520, 30625, 30726, 30727, 30729, 30730, 30731, 30732, 30733, 30734, 30735, 30736, 31175, 31176, 31177, 31178
Xanthomonas campestris * 13303, 13551
Xanthomonas citri 3781, 3829, 3835, 12213
Xanthomonas oryzae * 3312, 3510, 3827, 3828, 3833, 3834, 3995, 3996, 3997, 3998, 3999, 12000, 12001, 12002
Xanthomonas sp. * 14591
Lentinula edodes 30719, 30720, 30723, 30724
* Microorganisms suspected of the specific kinds of goods specified by Article 2-2 of the Ordinance of the Ministry Specifying Goods and Technologies Pursuant to Provisions of the Appended Table 1 of the Export Control Order and the Appended Table of the Foreign Exchange Order.

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Living Modified Organisms (LMO)

Usage, shipment, distribution of the living modified organisms are determined by the law, Act on the Conservation and Sustainable Use of Biological Diversity through Regulations on the Use of Living Modified Organisms. All applicable strains are shown as "Living Modified Organism (LMO)" with pink colored line on NBRC online catalog (Fig. 2).

If you are interested above law, please visit http://www.biodic.go.jp/bch/english/e_index.html.


Fig. 2

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Plant protection law (Regulation for domestic use)

This regulation applies to users in Japan (Regulation for domestic use). All applicable strains are shown as "Need permission from Plant Protection Station in Japan" or "Distribution prohibited in Japan" with pink colored line on NBRC online catalog (Fig. 3).


Fig. 3

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Submit an additonal MTA

The strains subject to the regulation have specific terms and conditions of use. All applicable strains are shown as "Conclusion of MTA is required" with pink colored line on NBRC online catalog (Fig. 4). Applicants have to agree to the conditions of the MTA prior to receiving the strains.

MTA described clause (excerpt)
1. The applicants shall acknowledge the sampling locality of the MATERIAL.
2. The applicants shall use the MATERIAL for non-commercial purposes.
3. The applicants shall not transfer the MATERIAL and any materials originating from the MATERIAL to any third parties.
4. The applicants shall agree that the PROVIDER will inform the providing country about the distributed MATERIAL, the name of the applicants’ organization and the distribution date of the MATERIAL.
5. In the event of any emerging commercialization prospect, including the application for patents or other intellectual property rights arising from the use of the MATERIAL, the applicants shall inform the PROVIDER of such situation and obtain permission from the PROVIDER in order to proceed to commercialization.


Fig. 4

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Submit a covenant

Applicants have to agree to the conditions of the covenant prior to receiving the strains. All applicable strains are shown as "Conclusion of MTA is required. Deposit with Restriction" with pink colored line on NBRC online catalog (Fig. 5).


Fig. 5

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Condition for utilization

Need in-licensing for commercial use

The applicable microorganisms shown as "Need in-licensing for commercial use" in the pink filled column of "Restriction" on NBRC online catalog are available for research purposes only. If you intend to use the microorganisms for commercial use, you must contact its licensors prior to any commercial use of the vectors and/or hosts for in-licensing. If you are uncertain about contact information for licensor, feel free to ask us.


Fig. 7

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Conditions for utilization set by the depositor

 

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The strains subject to the regulation have specific terms and conditions of use. If a strain has the condition shown as the table below on the NBRC online catalog, Applicants have to agree to the conditions of the covenant prior to receiving the strains.

 

Description in the column of "Restriction" of NBRC online catalog Condition for utilization
Prior notification to DEPOSITOR required upon COMMERCIAL USE The USER may conduct NON-COMMERCIAL USE on the RESOURCES. When the USER wishes to make COMMERCIAL USE of the RESOURCES, including the application for intellectual property rights, the USER shall notify the DEPOSITOR in advance. The DEPOSITOR shall not place any restriction on the COMMERCIAL USE. The USER includes an organization or individual that engages in business activities for the purpose of making a financial profit, such as a company or enterprise.
Prior agreement with DEPOSITOR required upon COMMERCIAL USE The USER may conduct NON-COMMERCIAL USE on the RESOURCES. When the USER wishes to make COMMERCIAL USE of the RESOURCES, including the application for intellectual property rights, the USER shall reach an agreement with the DEPOSITOR before the COMMERCIAL USE takes place. The USER includes an organization or individual that engages in business activities for the purpose of making a financial profit, such as a company or enterprise.
NON-COMMERCIAL USE only The USER may only conduct NON-COMMERCIAL USE on the RESOURCES. Applications for intellectual property rights may not be filed. The USER includes an organization or individual that engages in business activities for the purpose of making a financial profit, such as a company or enterprise.
Specific conditions for utilization set by the DEPOSITOR The USER shall abide by the conditions for utilization specified by the DEPOSITOR. The conditions are shown in the strain data of NBRC online catalog.

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Contact us

 Culture Collection Division,  Biological Resource Center,  National Institute of Technology and Evaluation
Phone number:+81-438-20-5763
Fax number:+81-438-52-2329
Address:2-5-8 Kazusakamatari, Kisarazu-shi, Chiba, 292-0818 JAPAN MAP
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