Part 5 , division 1 —
insert—
35A Subsequent use agreements(1) This section applies if a benefit sharing agreement (the
"head agreement" ) is in force between the State and a biodiscovery entity (the
"primary user" ).(2) The primary user may enter into an agreement (a
"subsequent use agreement" ) with another biodiscovery entity (a
"subsequent user" ) allowing the subsequent user to use the native biological material the subject of the head agreement for biodiscovery if the subsequent use agreement includes the prescribed minimum terms required under the head agreement.(3) A subsequent user may enter into an agreement (also a
"subsequent use agreement" ) with another biodiscovery entity (also a
"subsequent user" ) allowing the other subsequent user to use the native biological material the subject of the head agreement for biodiscovery if each subsequent use agreement includes the prescribed minimum terms required under the head agreement.(4) A subsequent use agreement ceases to have effect if the head agreement or subsequent use agreement under which it was entered into ends.