Access and Benefit Sharing Mechanism under the Multilateral System of the International Treaty on Plant Genetic Resources for Food and Agriculture

Author(s):  
Pratibha Brahmi ◽  
Vandana Tyagi
2011 ◽  
pp. 41-76
Author(s):  
Irene Superina

This document begins by describing and analysing the international institutional framework, within which both the Convention on Biological Diversity (Cbd), the Trip's about international protection of intellectual property and the International Treaty on Plant Genetic Resources for Food and Agriculture (Itpgrfa) had been originated. The regimes on access and benefit sharing applying to Pgrfa's (plant genetic resources for food and agriculture) are looked into in detail. Then, the new proposal under finalization within Cbd (Cbd Abs) is analized, which could become effective very soon. Finally, a particular focus is put on the research sector on Pgrfa's and how it has been treated and regulated. In connection to this, Itpgrfa 2001 is compared with the forthcoming new Cbd Abs regime, that could open new scenarios and new perspectives for this sector.


2006 ◽  
Vol 4 (1) ◽  
pp. 54-63 ◽  
Author(s):  
Niels P. Louwaars ◽  
Eva Thörn ◽  
José Esquinas-Alcázar ◽  
Shumin Wang ◽  
Abebe Demissie ◽  
...  

Applied genetics combined with practical plant breeding is a powerful tool in agricultural development and for food security. The Green Revolution spurred the world's potential to meet its food, feed and fibre needs at a time when vast regions were notoriously food-insecure. Subsequent adaptations of such strategies, from the late 1980s onwards, in order to develop new plant varieties in a more participatory way, have strengthened the focus on applying technology to farmers' diverse needs, feeding research results into a variety of seed systems. During these developments, there were no major legal impediments to the acquisition of either local or formal knowledge or of the building blocks of plant breeding: genetic resources. The emergence of molecular biology in plant science is creating a wealth of opportunities, both to understand better the limitations of crop production and to use a much wider array of genetic diversity in crop improvement. This ‘Gene Revolution’ needs to incorporate the lessons from the Green Revolution in order to reach its target groups. However, the policy environment has changed. Access to technologies is complicated by the spread of private rights (intellectual property rights), and access to genetic resources by new national access laws. Policies on access to genetic resources have changed from the concept of the ‘Heritage of Mankind’ for use for the benefit of all mankind to ‘National Sovereignty’, based on the Convention on Biological Diversity, for negotiated benefit-sharing between a provider and a user. The Generation Challenge Programme intends to use genomic techniques to identify and use characteristics that are of value to the resource-poor, and is looking for ways to promote freedom-to-operate for plant breeding technologies and materials. Biodiversity provides the basis for the effective use of these genomic techniques. National access regulations usually apply to all biodiversity indiscriminately and may cause obstacles or delays in the use of genetic resources in agriculture. Different policies are being developed in different regions. Some emphasize benefit-sharing, and limit access in order to implement this (the ‘African Model Law’), while others, in recognition of countries' interdependence, provide for facilitated access to all genetic resources under the jurisdiction of countries in the region (the Nordic Region). There are good reasons why the use of agricultural biodiversity needs to be regulated differently from industrial uses of biodiversity. The International Treaty on Plant Genetic Resources for Food and Agriculture, which entered into force in 2004, provides for facilitated access to agricultural genetic resources, at least for the crops that are included in the Treaty's ‘Multilateral System of Access and Benefit-sharing’. Ratification of the Treaty is proceeding apace, and negotiations have entered a critical stage in the development of practical instruments for its implementation. Although the scope of the Treaty is all plant genetic resources for food and agriculture, there are important crops that are not covered by its Multilateral System. Humanitarian licences are being used to provide access for the poor to protected technologies: countries may need to create such a general humanitarian access regime, to ensure the poor have the access they need to agricultural genetic resources.


2021 ◽  
Vol 12 ◽  
Author(s):  
Rachel Wynberg ◽  
Regine Andersen ◽  
Sarah Laird ◽  
Kudzai Kusena ◽  
Christian Prip ◽  
...  

Contestations about the way in which digital sequence information is used and regulated have created stumbling blocks across multiple international policy processes. Such schisms have profound implications for the way in which we manage and conceptualize agrobiodiversity and its benefits. This paper explores the relationship between farmers’ rights, as recognized in the International Treaty on Plant Genetic Resources for Food and Agriculture, and the dematerialization of genetic resources. Using concepts of “stewardship” and “ownership” we emphasize the need to move away from viewing agrobiodiversity as a commodity that can be owned, toward a strengthened, proactive and expansive stewardship approach that recognizes plant genetic resources for food and agriculture as a public good which should be governed as such. Through this lens we analyze the relationship between digital sequence information and different elements of farmers’ rights to compare and contrast implications for the governance of digital sequence information. Two possible parallel pathways are presented, the first envisaging an enhanced multilateral system that includes digital sequence information and which promotes and enhances the realization of farmers’ rights; and the second a more radical approach that folds together concepts of stewardship, farmers’ rights, and open source science. Farmers’ rights, we suggest, may well be the linchpin for finding fair and equitable solutions for digital sequence information beyond the bilateral and transactional approach that has come to characterize access and benefit sharing under the Convention on Biological Diversity. Existing policy uncertainties could be seized as an unexpected but serendipitous opportunity to chart an alternative and visionary pathway for the rights of farmers and other custodians of plant genetic resources.


Author(s):  
Chikelu Mba ◽  
◽  
M. Ehsan Dulloo ◽  
Kent Nnadozie ◽  
◽  
...  

Plant genetic resources for food and agriculture, a common concern of all countries, are critically important for the sustainable production of the significantly more nutritious food needed to feed an ever-growing population in the face of climate change and other drivers. This entails the translation of the potentials encoded into their genetic blueprints into improved productivities. The relevant international agreements, instruments and mechanisms, which address the conservation, sustainable use and access and benefit-sharing for these resources, are reviewed along with their remarkable contributions to food security and nutrition. The chapter also highlights the state-of-the-art for the scientific and technological methods used to conserve and add value through genetic gains to these resources. Underscoring the importance of collaborations at various scales, we call for continued global coordination and partnerships on the internationally agreed activities for conserving effectively and deriving the most benefits sustainably from these irreplaceable resources.


2012 ◽  
Vol 27 (2) ◽  
pp. 375-433 ◽  
Author(s):  
Petra Drankier ◽  
Alex G. Oude Elferink ◽  
Bert Visser ◽  
Tamara Takács

Abstract This report examines whether it is possible for the research and use of marine genetic resources in areas beyond national jurisdiction (ABNJ) to follow an approach based on the system that is being used with plant genetic resources in areas within national jurisdiction, as developed by the Food and Agriculture Organization. Part IV of the International Treaty on Plant Genetic Resources for Food and Agriculture contains the multilateral system of access and benefit-sharing. In addition, the report considers the implications of relevant provisions as contained in the Law of the Sea Convention, the Convention on Biological Diversity, the Antarctic Treaty System, as well as instruments on intellectual property rights. The report concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ, and provides suggestions to move the international debate forward.


Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 325
Author(s):  
Murshamshul Kamariah Musa ◽  
Abdul Majid Tahir Mohamed ◽  
Abdul Majid Hafiz Mohamed

The Farmers’ Rights concept is part of an international treaty of which Malaysia is one of the signatory parties. The International Treaty on Plant Genetic Resources for Food and Agriculture (FAO Treaty 2004), articulated four core rights under the Farmers’ Rights concept – namely the right to traditional farming knowledge, the right to seed, the right to equitable benefit sharing and the right to participate in the decision-making process. Article 9.2 (b) of FAO Treaty 2004 stipulates that farmers should be given equal opportunity to equitably participate in sharing benefits from the use of plant genetic resources for food and agriculture. The right to equitable benefit sharing legally justifies among others, the rights of smallholder farmers who have been breeding seeds for generations to receive benefits; either monetary or non-monetary from any commercialization of the seeds that have been developed by them. Non-monetary benefits include access to seeds for their farm. This paper investigates to what extent the existing legal provisions of plant variety law in Malaysia has integrated this right to equitable benefit sharing to small farmers as compared to similar legislation in India and under African Union (AU Model Law for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources). These two legal frameworks aimed to protect their small farming communities are cited as legislation with the best practices on implementing Farmers’ Rights core rights.  The aim is for Malaysia to learn from these countries in order to ensure legal protection for small farmers’ right to equitable benefit sharing of their plant genetic resources.


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