Plant Genetic Resources for Food and Agriculture: Legal and Institutional Frame and New Perspectives

2011 ◽  
pp. 41-76
Author(s):  
Irene Superina
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
International Protection ◽  
International Treaty ◽  
Food And Agriculture ◽  
Research Sector

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.

scholarly journals Farmers’ Rights and Digital Sequence Information: Crisis or Opportunity to Reclaim Stewardship Over Agrobiodiversity?

2021 ◽  
Vol 12 ◽  
Author(s):  
Rachel Wynberg ◽  
Regine Andersen ◽  
Sarah Laird ◽  
Kudzai Kusena ◽  
Christian Prip ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Sequence Information ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
The Relationship ◽  
The Way

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.

Marine Genetic Resources in Areas beyond National Jurisdiction: Access and Benefit-Sharing

2012 ◽  
Vol 27 (2) ◽  
pp. 375-433 ◽  
Author(s):  
Petra Drankier ◽  
Alex G. Oude Elferink ◽  
Bert Visser ◽  
Tamara Takács
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
National Jurisdiction ◽  
Legal Frameworks

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.

scholarly journals The Potential of Private Standards for Valorizing Compliance with Access and Benefit Sharing Obligations of Genetic Resources and Traditional Knowledge

Agronomy ◽  
2021 ◽  
Vol 11 (9) ◽  
pp. 1823
Author(s):  
Hanna Schebesta
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Research Strategy ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Food And Agriculture ◽  
Private Standards

International legal instruments such as the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (“Nagoya Protocol”) and the International Treaty on Plant Genetic Resources for Food and Agriculture (“ITPGRFA”) are meant to create incentives for fairly sharing the benefits of the utilization of genetic resources. These commitments have, however, been assessed by many stakeholders as an obstacle rather than an incentive to commercial activities. If this is indeed the case, ABS obligations may do more harm than good and raises the fundamental question: can ABS obligations be translated from an obstacle into an opportunity? The article discusses consumer-based mechanisms as positive drivers for benefit sharing by using private standards to incentivize ABS obligation compliance. This approach goes further than using private standards as implementation tools, and suggests that they could leverage advantages for industry from the consumer perspective, specifically a consumer-facing label on products. We suggest a research strategy addressing this approach.

The Time Dimension in International Regime Interplay

2002 ◽  
Vol 2 (3) ◽  
pp. 98-117 ◽  
Author(s):  
Regine Andersen
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
International Agreements ◽  
Convention On Biological Diversity ◽  
Regime Theory ◽  
Time Dimension ◽  
International Treaty ◽  
Food And Agriculture

Interplay between different international agreements is a novel field of study in regime theory. The importance of understanding this interplay is increasing, due to the rising number of international agreements with overlapping functional scopes. By including the time dimension in the study of regime interplay, per spectives are opened up, which may provide a better grasp of the dynamics of regime development. Three propositions are suggested in this article on how different development stages of overlapping international regimes affect their interplay. The propositions are illustrated with the case of overlapping regimes pertaining to the management of plant genetic resources for food and agriculture. The regimes are the Convention on Biological Diversity, the Agreement on Trade Related Intellectual Property Rights and the International Treaty on Plant Genetic Resources for Food and Agriculture. The case study shows that an analytic grasp of the time dimension might uncover barriers to regime formation, as well as strategic opportunities.

scholarly journals A review of access and benefitsharing for biological control what does it mean for New Zealand

2009 ◽  
Vol 62 ◽  
pp. 152-155
Author(s):  
B.I.P. Barratt
Keyword(s):  
Biological Control ◽  
Food Security ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Control Agents ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
Global Exchange

The Convention on Biological Diversity promotes equitable and respectful sharing of access to and benefits from genetic resources Parties to the convention have agreed to negotiate and develop an Access and BenefitSharing (ABS) regime to take effect in 2010 Currently some countries have restricted access to their biological resources To consider issues pertaining to biological control the Global IOBC (International Organisation for Biological Control of Noxious Animals and Plants) has established a Commission on Biological Control and Access and Benefit Sharing The FAO (Food and Agriculture Organisation) Commission on Genetic Resources for Food and Agriculture (GRFA) has invited the IOBC Commission to prepare a report on the case for biological control agents The global exchange of biological control agents is considered critical to food security and sustainable agriculture and reaching a consensus on this issue is a high priority The process for this and the importance of protecting New Zealands interests in biological control is discussed in this paper

scholarly journals International instruments relating to conservation of plant biodiversity

2021 ◽  
Vol XII (2(21)) ◽  
Author(s):  
Gabriela Romanciuc ◽  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
Plant Biodiversity ◽  
International Treaty ◽  
Food And Agriculture ◽  
International Instruments

This paper reviews the international instruments related to the conservation and sustainable use of plant biodiversity, including agreements, governance and programs, such as the Convention on Biological Diversity, the FAO Global Plan of Action on Plant Genetic Resources, the International Treaty on Plant Genetic Resources for Food and Agriculture.

scholarly journals Asian Germplasm in American Horticulture: New Thoughts on an Old Theme

HortScience ◽  
2013 ◽  
Vol 48 (9) ◽  
pp. 1073-1077 ◽  
Author(s):  
Richard T. Olsen
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
The United States ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
History Of ◽  
Inspection Service ◽  
High Level

North American horticulture cultivates an astonishing diversity of ornamental species, from nearly every floristic region, but its landscapes are dominated by temperate species drawn from eastern Asia. The East Asiatic floristic region is one of the most diverse in the world with a high level of endemism across taxonomic ranks and ancient relicts of a once widespread flora. From this, a large number of ornamental genera and species have been introduced, from either a long history of cultivation in Asia or directly from the wild, where they have since become fixtures in European and American gardens. The success of Asian germplasm in American horticulture is attributable, in part, to a shared evolutionary history, climate matching, and pre-adaptability. Continuing access to these genetic resources is now governed by national legislation and influenced by an evolving international regime of access and benefit-sharing influenced by the Convention on Biological Diversity. Furthermore, updated plant quarantine regulations have added additional requirements for the importation of foreign plant genetic resources. The newly created category within the USDA Animal and Plant Health Inspection Service (APHIS) Q37 regulations known as “not authorized pending pest risk analysis” (NAPPRA) restricts the import of plants for planting that may harbor pests or become pests that are not already established within the United States. To this end, scientists involved in the collection or use of Asian plant genetic resources are affected by recent changes in international and national laws, regulations, and access and benefit-sharing regimes.

scholarly journals Linking access and benefit-sharing for crop genetic resources to climate change adaptation

2014 ◽  
Vol 14 (1) ◽  
pp. 11-27 ◽  
Author(s):  
Tone Winge
Keyword(s):  
Climate Change ◽  
Genetic Resources ◽  
Climate Change Adaptation ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
National Level ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Crop Genetic Resources

This article links the concept of access and benefit-sharing as it pertains to crop genetic resources to climate change adaptation and argues that systems for access and benefit-sharing can, and should, be designed to contribute to climate change adaptation for agriculture. The access and benefit-sharing provisions of the two international agreements that together provide the international legal framework for access and benefit-sharing – the Convention on Biological Diversity (with its Nagoya Protocol) and the International Treaty on Plant Genetic Resources for Food and Agriculture – are presented and analysed. How these agreements are implemented is central to adaptation, as the effects of climate change threaten crop genetic resources and future adaptive capacity, and, if properly maintained and utilized, crop genetic resources will be essential to climate change adaptation across the globe. This article, therefore, argues that an important adaptation strategy linked to such implementation is to direct benefit-sharing for crop genetic resources towards adaptation efforts and to ensure facilitated and efficient access to crop genetic resources for adaptation purposes. Some options for how this can be pursued at both the international and national level are offered.

Sign in / Sign up

Export Citation Format

Share Document