A Review on the Multilateral Access and Benefit-Sharing System under International Treaty on Plant Genetic Resources for Food and Agiculture (ITPGRFA) of the UN FAO

2021 ◽  
Vol 29 (03) ◽  
pp. 63-86
Author(s):  
Doo-Su Kim
Keyword(s):  
Genetic Resources ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
International Treaty

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.

Plant genetic resources for food and agriculture for sustainable development

2021 ◽  
pp. 3-34
Author(s):  
Chikelu Mba ◽  
◽  
M. Ehsan Dulloo ◽  
Kent Nnadozie ◽  
◽  
...  
Keyword(s):  
Genetic Resources ◽  
Plant Genetic Resources ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
The Face ◽  
Global Coordination ◽  
Food Security And Nutrition ◽  
Technological Methods

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.

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 Integrating Farmers’ Rights to Equitable Benefit Sharing Into the Malaysian Plant Variety Law: Learning from Others

Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 325
Author(s):  
Murshamshul Kamariah Musa ◽  
Abdul Majid Tahir Mohamed ◽  
Abdul Majid Hafiz Mohamed
Keyword(s):  
Genetic Resources ◽  
Plant Genetic Resources ◽  
Legal Protection ◽  
Benefit Sharing ◽  
Small Farmers ◽  
International Treaty ◽  
Food And Agriculture ◽  
Legal Provisions ◽  
Plant Variety ◽  
The Right

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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