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plant genetic resources for food and agriculture - FAO

plant genetic resources for food and agriculture - FAO

THE STATE OF NATIONAL

THE STATE OF NATIONAL PROGRAMMES, TRAINING NEEDS AND LEGISLATION Box 5.1 Examples of developments in national legislation that support the conservation and use of traditional crop varieties Bangladesh: the forthcoming national framework for PGRFA is expected to include, inter alia, the recognition of Farmers’ Rights, including provisions for benefit sharing. Ecuador: the new National Constitution approved in September 2007 strongly promotes the conservation of agricultural biodiversity and the right of people to choose their own food. In particular, Article 281.6 has the title: “promote the preservation and rehabilitation of agrobiodiversity linked to ancestral knowledge; likewise its use, conservation and free seed exchange”. Several government programmes will be put in place to support small and medium farmers in the production of organic and traditional food. Morocco: in 2008, a law was adopted covering Appellation of Origin, Geographical Indication and Agricultural Labelling of produce. It allows for the registration of products from local varieties and landraces and thus helps promote their use and conservation. Nepal: a 2004 amendment of the ‘Seed Regulatory Act’ has added a new provision on plant variety registration that allows for the inclusion of farmers’ field trial data and other data from participatory trials, in registration applications. This will enable farmers’ varieties and landraces to be registered, thus helping to promote conservation; and it will also expand opportunities for the sharing of any benefits that result from any increased use of local genetic resources. Tunisia: in 2008, a law was adopted to promote the in situ and ex situ conservation of date palm genetic resources. It includes the use of in vitro methods to multiply varieties for conservation purposes and to rehabilitate old plantations in the oases. 5.4.3.1 Plant breeders’ rights According to the UPOV, PBR allow breeders the exclusive right to sell seed or propagating material of their new varieties over a given number of years, although these varieties can still be used without restriction for research and further breeding (‘breeders’ exemption’). The number of countries that provide legal protection to plant varieties through PBR has increased substantially over the past ten years. While most western European countries, Australia, Canada, New Zealand and the United States of America already had PBR systems in place prior to the publication of the first SoW report, most countries in Africa, Asia, Latin America and the Caribbean, Eastern Europe and the Near East that have enacted PBR legislation have done so in the last decade. The move to enact PBR legislation largely results from the TRIPS Agreement of the WTO that requires countries to provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof (Article 27.3). Although there is no mention of UPOV in the TRIPS Agreement, the UPOV sui generis models are widely considered to meet the requirements of TRIPS and as a result, the number of countries that have joined UPOV almost doubled between 1998 and 2007, reaching 68 in February 2010. The increasing membership of UPOV is also a consequence of a number of free-trade agreements that have been concluded that extend standards of IPR protection beyond the TRIPS requirements, for instance by making explicit reference to UPOV. 131

CHAPTER 5 Africa, Burkina Faso, Cameroon, Kenya and South Africa, have all implemented PBR legislation, while four other countries have developed a national sui generis plant variety protection (PVP) system. 13 Six other countries 14 are in the process of developing or approving such regulations. At the regional level, the African Intellectual Property Organization (Organisation africaine de la propriété intellectuelle/ African Intellectual Property Organization, OAPI) revised the 1999 Bangui Agreement that governs the common intellectual property regime of its 16 Member States. 15 The new Agreement establishes, in its Annex X, a uniform PVP system that conforms with UPOV and foresees that the OAPI Member States will join UPOV by depositing an instrument of accession to the 1991 Act. In addition, the African Regional Industrial Property Organization (ARIPO) is currently drafting a regional PVP system. In Asia and the Pacific, seven countries 16 have implemented PBR and eight other countries have developed a national sui generis PVP system, 17 13 of these having done so in the last decade. The Philippines and Singapore have initiated the procedure for accession to UPOV and Nepal is currently drafting a bill on PVP. In the Americas, 15 18 of the 34 countries in Latin America and the Caribbean have PBR legislation in place and six others 19 have developed national sui generis PVP systems. Guatemala and Saint Vincent and the Grenadines have developed draft legislation. In all countries except Argentina, Chile, Colombia, Cuba and Paraguay, the legislation has been adopted since the publication of the first SoW report. At the subregional level, the five Member States of the Andean Community adopted Decision 345 on Common Provisions on the Protection of the Rights of Breeders of New Plant Varieties that was modelled according to the UPOV Convention of 1991 (see Section 6.4). All European countries have put in place or drafted national legislation on PBR or PVP except Greece, Lichtenstein, Luxembourg, Monaco and San Marino. While most Western European countries adopted such legislation before 1996, many amendments to the original laws and regulations have been made over the past decade. Most Eastern European countries 132 THE SECOND REPORT ON THE STATE OF THE WORLD’S PGRFA have been involved more recently, with more than half of them having enacted laws in the last decade. At the European Union level, the Council Regulation No. 2100/94 on Community plant variety rights provides for the protection of PBR throughout the territory of the 27 European Union Member States in addition to national systems already in place. Twenty-one of the 30 countries in the Near East region have adopted either PBR or a national sui generis PVP system, 20 the large majority having done so in the last decade. The Commonwealth of Independent States (CIS) countries adopted an agreement on the legal protection of plant varieties including the examination process in 2001 aiming to foster cooperation in that field. 5.4.3.2 Patents At the time when the first SoW report was under preparation, the issue of patenting varieties or parts of varieties (e.g. genes or traits) and biotechnological processes (e.g. transformation), had only recently begun to emerge. Since then it has become the subject of much debate, especially as a result of increased adherence to the TRIPS Agreement. While parties are allowed to exclude from patentability “plants and animals other than microorganisms, and essentially biological processes for the production of plants and animals other than non-biological and microbiological processes”, they must provide “by patents or by an effective sui generis system or by any combination thereof”, for the protection of plant varieties. Part of the controversy arises from the fact that patents are generally claimed not for a single variety, as is the case with PBR, but for a whole class of varieties or even a trait within a whole species. Furthermore, while patents applied to plant varieties generally include a limited research exemption, unlike the situation with PBR and UPOV, they generally do not include either a breeder’s exemption or a farmer’s privilege. There are, however, exceptions to this, for example in France, Germany and Switzerland. Today, relatively few countries allow patent protection for new crop varieties. However, the patent system is widely used in the United States of America, at least in part because of concerns that

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    The Second Report on THE STATE OF T

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    Appendix 2 Major germplasm collecti

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    Executive summary �his report des

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    CHAPTER 1 in national agricultural

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    FIGURE 1.1 Global priority genetic

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    12 CHAPTER 1 AFRICA • Benin Molec

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    14 CHAPTER 1 NEAR EAST effective at

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    CHAPTER 1 comparisons, or use the i

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    18 CHAPTER 1 FIGURE 1.3 Interdepend

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    THE STATE OF IN SITU MANAGEMENT 2.1

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    THE CONTRIBUTION OF PGRFA TO FOOD S

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    THE CONTRIBUTION OF PGRFA TO FOOD S

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    THE CONTRIBUTION OF PGRFA TO FOOD S

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    THE CONTRIBUTION OF PGRFA TO FOOD S

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    THE CONTRIBUTION OF PGRFA TO FOOD S

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    LIST OF COUNTRIES THAT PROVIDED INF

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    LIST OF COUNTRIES THAT PROVIDED INF

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    Annex 2 Regional distribution of co

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    EUROPE 214 ANNEX 2 ASIA AND THE PAC

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    STATUS BY COUNTRY OF NATIONAL LEGIS

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    STATUS BY COUNTRY OF NATIONAL LEGIS

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    MAJOR GERMPLASM COLLECTIONS BY CROP

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    THE STATE-OF-THE-ART: METHODOLOGIES

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    THE STATE-OF-THE-ART: METHODOLOGIES

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    THE STATE-OF-THE-ART: METHODOLOGIES

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    Appendix 4 State of diversity of ma

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    APPENDIX 4 some country reports. 6

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    APPENDIX 4 option for perennial tax

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    APPENDIX 4 regeneration of existing

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    APPENDIX 4 An operational comprehen

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    APPENDIX 4 FIGURE A4.2 Global yield

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    APPENDIX 4 Role of crop in sustaina

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    APPENDIX 4 and Myanmar (3 percent).

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    APPENDIX 4 progenitor is the wild s

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    appendiX 4 Ex situ conservation sta

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    APPENDIX 4 Documentation, character

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    APPENDIX 4 The two global chickpea

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    APPENDIX 4 in collections, absence

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    APPENDIX 4 FIGURE A4.5 Global yield

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    338 APPENDIX 4 are also conserved.

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    340 APPENDIX 4 WebPDF/Crop percent2

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    342 APPENDIX 4 90 Op cit. Endnote 2

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    344 APPENDIX 4 159 GCDT. 2007. Glob

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    350 APPENDIX 4 366 Ibid. Endnote 35

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    BAAFS Beijing Academy of Agricultur

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    CN Centre Néerlandais (Côte d’I

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    DTRUFC División of Tropical Resear

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    HRIGRU Horticultural Research Inter

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    INIA CARI Centro Regional de Invest

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    IVM Institute of Grape and Wine «M

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    NISM National Information Sharing M

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    REHOVOT Department of Field and Veg

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    SRI Sugar Crop Research Institute,

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    WCMC World Conservation Monitoring

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