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Kent Nnadozie http://www.planttreaty.org http://www.planttreaty.org The International Treaty on Plant Genetic Resources for Food and Agriculture The Treaty deals with plant genetic resources for food and agriculture • How do they differ from other genetic resources? http://www.planttreaty.org • What is special about genetic resources for food and agriculture? The centres of diversity of some major plants http://www.planttreaty.org • To feed the world, we all need these resources. • Agricultural resources have been shared and exchanged over thousands of years. Mostly it is impossible to identify a single country of origin. • Countries and regions are “interdependent”: they all depend for their food and agriculture on crops that originated elsewhere. http://www.planttreaty.org So what is special about agricultural genetic resources? •Objectives: conservation and sustainable use, fair and equitable benefit-sharing, for sustainable agriculture and food security •Scope: all PGRFA •Recognises farmers’ rights •Funding Strategy for developing countries http://www.planttreaty.org The Treaty is more than just access and benefit-sharing J. T. Esquinas J.T.Esquinas J. T. Esquinas J. T. Esquinas http://www.planttreaty.org The scope of the Treaty is all plant genetic resources for food and agriculture Each Contracting party shall … , in cooperation with other Contracting Parties …, promote an integrated approach to the exploration, conservation and sustainable use of plant genetic resources for food and agriculture http://www.planttreaty.org Article 5: Conservation, Exploration, Collection, Characterization, Evaluation and Documentation The Contracting parties shall develop and maintain appropriate policy and legal measures that promote the sustainable use of plant genetic resources for food and agriculture. http://www.planttreaty.org Article 6: Sustainable Use of Plant Genetic Resources Article 9: Farmers’ Rights http://www.planttreaty.org • Recognition of the enormous contribution that farmers and their communities have made and continue to make to the conservation and development of plant genetic resources. • Farmers’ Rights include the protection of traditional knowledge and the right to participate equitably in benefit-sharing and in national decision-making about plant genetic resources. • National Governments are responsible for realizing these rights. J.T. Esquinas • How to construct an internationally agreed framework for the conservation and sustainable use of plant genetic resources for food and agriculture, and the fair and equitable sharing of the benefits, within this increasing privatization, and in the context of a continuing loss of biological diversity http://www.planttreaty.org ABS Challenge for the Treaty • The Treaty establishes a multilateral system, both to facilitate access to plant genetic resources for food and agriculture, and to share, in a fair and equitable way, the benefits arising from their use. • It applies to a list of crops established according to criteria of food security and interdependence • These provide about 80% of our food from plants http://www.planttreaty.org The Multilateral System of Access and Benefit-sharing The Multilateral System “pools” these crucial plant genetic resources http://www.planttreaty.org • They are available under a Standard Material Transfer Agreement (SMTA) • There is no tracking of individual accessions • Recipients must continue to make the materials received available • “Intellectual property or other rights that limit access to the plant genetic resources for food and agriculture, or their genetic parts and components, in the form received from the Multilateral System” may not be claimed • Because these genetic resources are pooled, there is no individual owner with whom individual contracts for access and benefit-sharing must be negotiated • This means there are very low transaction costs, to the benefit of farmers, plant breeders and researchers, and ultimately of consumers • It also means that benefits must be shared in a pooled, multilateral way http://www.planttreaty.org Benefit-sharing •Two challenges and innovative solutions: •How to ensure uniformity across jurisdictions –Binding international arbitration •How to vindicate the Treaty’s rights –Contractual recognition of a ‘third party beneficial interest’ and appointment of the ‘third party beneficiary’ http://www.planttreaty.org Administering a public good under private contract? The Multilateral System http://www.planttreaty.org •Neutral as to intellectual property rights •Mandatory payment of 1.1% of sales (-30%), when product is not freely available for research and breeding •Voluntary payment when it is •All non-confidential research information shall be made available •Alternative payment: access to a whole crop for 0.5% of all sales of that crop Benefits of the MLS •Access itself •Low transaction costs •Overcomes market failure •Provides public and private breeders with a wide range of resources •Contributes to food security •Provides the industry with a clear framework in which to plan investment http://www.planttreaty.org •MLS now a day-to-day operational system; • Contracting Parties beginning to apply it; • Toolkits planned for application of SMTA • Establishment of information technology infrastructure • SMTA being applied worldwide by CGIAR; – 89,000 transfers within 8 months; – increasing private sector interest & involvement http://www.planttreaty.org Standard Material Transfer Agreement (SMTA) Transfers of rice germplasm under SMTAs from CGIAR Centers – by type of genetic material and IARC 35000 30000 25000 regular PGRFA 20000 Material Under Development Total transfers 15000 10000 5000 0 BIOVERSITY CIAT CIMMYT CIP ICARDA ICRAF ICRISTAT IITA ILRI IRRI WARDA http://www.planttreaty.org 40000 Transfers of rice germplasm under SMTAs from IRRI – global IRRI transfers by Sector 52% 4% 12% Public Private Individual Academic http://www.planttreaty.org 32% Transfers of rice germplasm under SMTAs from IRRI – by sector and country Public Private 40 http://www.planttreaty.org 45 Academic Individual 35 30 25 20 15 10 5 0 Australia China India USA Phillipines Transfers of rice germplasm under SMTAs from IRRI – by month of 2007 http://www.planttreaty.org 70 60 50 40 Number of transfers 30 20 10 D ec ct O A ug e Ju n A pr il Fe b de c 06 0 • An information infrastructure for the MLS: • Prototypes done: • • • • Ordering Toolkit (OTK) PID server Data Warehouse Gene-IT software • Expected online launch summer 2008 http://www.planttreaty.org Recent Progress – The Multilateral System The Global Information System Strategy Who has what? Fast Internet Web Rice please… On-line web service replication e.g. for SMTA purposes Rice Registry WARDA IRRI Web Web http://www.planttreaty.org SINGER The Global Information System Global accession level information system -Central registry of cooperators (login/password) - Central registry of requests - Central germplasm distribution system… Web Rice please… Global Rice registry Global Chickpea registry Web service Web -NARS -CG Centres - International Genebanks… - Individuals - etc… Web service Web Web service Web service Web service Web service http://www.planttreaty.org Who has what? Strategy The Global Information System Strategy I want to order! GB Web We report! CIAT 123 CIAT 127 CIAT 167 CIAT 199 CGIAR PI 1234 PI 76548 PI 23490 PI 34561 USDA BA 1256 BA 3456 Brazil X http://www.planttreaty.org Global Registry • 1OTH SESSION (2005): – FAO and the Commission contribute to further work on ABS, in order to ensure that it move in a direction supportive of the special needs of the agricultural sector - all components of biological diversity of interest to food and agriculture; • 11TH SESSION (2006): – FAO continue to focus on ABS for GRFA in an integrated and interdisciplinary manner, on all components of biodiversity for food and agriculture – Multi-Year Programme of Work • 12th SESSION (2009): – will consider the development of policies and arrangements for ABS for genetic resources for food and agriculture as a priority in its MYPOW http://www.planttreaty.org FAO COMMISSION ON GENETIC RESOURCES FOR FOOD AND AGRICULTURE • the Treaty provides a framework for international collaboration in PGRFA, in harmony with the CBD; • the Treaty raises the profile of PGRFA in the world, to better recognition of the importance of its sustainable utilization • the only binding ABS system already fully operational today internationally; • provisions of the Treaty will impact upon daily operations of genebanks, plant breeders, seed producers and farmers • Outstanding legal issues and practical challenges http://www.planttreaty.org Conclusions