(1) The right of a person to engage in an act of bioprospecting in this state is subject to the state’s reservation of any right the state may have to an economic benefit derived from:

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Terms Used In Utah Code 65A-14-202

  • Bioprospecting: means the removal from a natural environment for research or commercial use of:
              (1)(a)(i) a naturally occurring microorganism, plant, or fungus; or
              (1)(a)(ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties. See Utah Code 65A-14-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) the act of bioprospecting;
     (1)(b) a microorganism, plant, or fungus removed from a natural environment in the state; or
     (1)(c) information concerning a microorganism’s, plant’s, or fungus’ physical or genetic properties removed from a natural environment in the state.
(2) A person may not engage in an act of bioprospecting in this state if the person, as part of the registration required under Section 65A-14-201, does not agree in writing to negotiate in good faith with the state if the state asserts an economic interest described in Subsection (1).