Translation of "Clause suspensive de transfert de propriété " (French → English) :

21. Recognises the potential role of the intellectual property and patent system in promoting innovation, transfer and dissemination of technology to the mutual advantage of stakeholders, providers, holders and users of genetic resources, their derivatives, and of associated traditional knowledge in a manner conducive to welfare and development, while emphasising the necessity of preventing the adverse effects of the IPR and patent system on indigenous peoples’ and local communities’ application of traditional knowledge, their laws, practices and knowledge system and their ability to use, develop, create and protect their knowledge in re ...[+++]lation to genetic resources; points out that, under certain circumstances, contracts between the parties may be identified by indigenous peoples or local communities as a more feasible solution to share benefits and to protect their interests while preserving the environment and preventing social and economic harm, e.g. by means of safeguard clauses;

5. Recognises the potential role of the intellectual property and patent system in promoting innovation, transfer and dissemination of technology to the mutual advantage of stakeholders, providers, holders and users of genetic resources, their derivatives, and of associated traditional knowledge in a manner conducive to welfare and development, while emphasising the necessity of preventing the adverse effects of the IPR and patent system on indigenous peoples’ and local communities’ application of traditional knowledge, their laws, practices and knowledge system and their ability to use, develop, create and protect their knowledge in rel ...[+++]ation to genetic resources; reiterates that, against the background of its recent resolution on the patenting of essentially biological processes, especially in the area of breeding, excessively broad patent protection can hamper innovation and progress and become detrimental to small and medium breeders by blocking access to animal and plant genetic resources; points out that, under certain circumstances, contracts between the parties may be identified by indigenous peoples or local communities as a more feasible solution to share benefits and to protect their interests while preserving the environment and preventing social and economic harm, e.g. by means of safeguard clauses;

Other areas mentioned specifically which the CFR could cover were contracts of sale and services and clauses relating to the retention of title and the transfer of title of goods.

to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

an international agreement pursuant to which the Commission would be obliged to authorise the transfer of such data; one can only regret the ambiguous wording of some of the clauses contained in the Decision and of the appended undertakings (such as those concerning duration, monitoring arrangements, cases in which the Decision may be suspended or withdrawn, the terms and conditions under which the Member States may intervene, etc ...[+++].), which might give the false impression that obligations could be derived from that text as they are explicitly excluded by clause 47, which stipulates that 'these Undertakings do not create any right or benefit on any person or party, private or public';

Specific examples of problematic areas include motor insurance and cabotage transport insurance, retention of title clauses and other security interests, factoring, standard terms, doorstep selling and funds transfers between banks.