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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 the UPOV ‘farmers’ privilege’ results in insufficient protection. Australia and Japan also offer forms of patent protection for new crop varieties. In Japan, for example, the novelty requirement for patentability is interpreted in such a way that new varieties that exceptionally show breakthrough improvements can be protected with a patent, whereas others can only be protected by PBR. In 1998, the European Union adopted Directive 98/44/EC on the Legal Protection of Biotechnological Inventions that allows patents to be awarded for a wide range of biotechnological materials and processes, including products containing or consisting of genetic information, however, it excludes plant varieties from patentability. The Directive provides for certain exemptions, in particular the farmers’ exemption allowing small-scale farmers to freely use products harvested from specified plant varieties for propagation or multiplication on their own farm. Whereas several emerging countries such as China and India have recently amended their patent laws to comply with TRIPS requirements and, in particular, to make microorganisms patentable, most developing countries, especially in Africa, consider that life forms cannot be patented and that plant varieties should be protected through sui generis systems. Patents on plants are not allowed in Latin American countries. 5.4.4 Farmers’ Rights While the issue of Farmers’ Rights was a topic of extensive discussion prior to the publication of the first SoW report, it has since become even more hotly debated, particularly around the time of the final negotiations of the ITPGRFA (see Chapter 7). The importance of farmers as custodians and developers of genetic diversity for food and agriculture was recognized in the ITPGRFA through the provisions of Article 9 on Farmers’ Rights. The Article recognizes that the responsibility for realizing Farmers’ Rights, as they relate to PGRFA, rests with national governments. Such rights are seen to include: the protection of traditional knowledge relevant to PGRFA; the right of farmers to equitably share benefits that result from their use; their right to participate in making decisions at the national level on matters related to the conservation and sustainable use of PGRFA; and the right of farmers to save, use, exchange and sell farmsaved seed/propagating material, subject to national law. While all Contracting Parties of the ITPGRFA are legally bound by it, they are free to determine how they will implement the Farmers’ Rights provisions at the national level. The state of national implementation of Farmers’ Rights is the focus of a recent study by the Fridtjof Nansen Institute in Norway. 21 The study describes examples of projects or activities that have resulted in substantial achievements in each of the areas referred to in the previous paragraph. Some of these involve national legislation; others focus more on civil society initiatives. Examples of such initiatives include the movement to resist increasing the scope of breeders’ rights in Norway and the creation of a registry of rice varieties maintained at the community level in the Philippines, as a way of protecting traditional knowledge and farmers’ varieties against misappropriation. Although Farmers’ Rights do not deal with the protection of IP per se, they are often regarded as a counterpart to it and countries that have enacted legislation promoting such Farmers’ Rights have generally done so within their PVP legislation. At least ten countries have reported that they have adopted regulations covering one or more aspects of Farmers’ Rights and several others are currently drafting legislation in this area. Many other countries do not deem it necessary to enact specific legislation of Farmers’ Rights but meet their obligations under the ITPGRFA through existing mechanisms such as PBR or national participatory decision systems. Even before the concept of Farmers’ Rights was formally adopted in the ITPGRFA, a number of countries including Bangladesh, India and Thailand had already implemented legislation that protected Farmers’ Rights in terms of the right to save, use, exchange and sell farm-saved seeds, participate in making decisions and, in the case of India, introduced a ‘Gene Fund’ financed by all users, including farmers, to support farmers who maintain genetic resources (see Box 5.2). Africa, Ethiopia, Ghana, Malawi and Namibia are currently developing specific regulations on Farmers’ 133

CHAPTER 5 Box 5.2 India’s Protection of Plant Varieties and Farmers’ Rights Act of 2001 Rights and Ethiopia has already implemented some aspects of Farmers’ Rights in its Access to Genetic Resources and Community knowledge and Community Rights Proclamation No. 482/2006. In the Americas, Costa Rica has addressed the issue of Farmers’ Rights by establishing a Small Farmers Board in 1998 as a member of the National Commission for the Management of Biodiversity, which has the function of formulating national policies on the conservation and sustainable use of biodiversity. Other countries have addressed some aspects of Farmers’ Rights, such as Brazil, in its PVP act and seed law, Cuba and Paraguay. In Asia and the Pacific, in addition to Bangladesh, India and Thailand, Nepal and the Philippines are currently developing draft Farmers’ Rights laws. In Malaysia, the Protection of New Plant Varieties Act of 2004 seeks to introduce more flexibility into the requirements for the registration of farmers’ varieties. While reiterating the normal criteria for professionally bred varieties, i.e. that they must be new, distinct, uniform and stable, the Act exempts new varieties bred or discovered and developed by farmers, local communities and indigenous people, from the requirements of stability and uniformity; farmers’ 134 THE SECOND REPORT ON THE STATE OF THE WORLD’S PGRFA The 2001 Act protects the rights of farmers to save, use, sow, re-sow, exchange, share and sell their farm produce, including seed, of a variety protected by breeders’ rights, provided that they do not sell branded seed packaged and labelled as a seed variety protected under the Act. The Act provides for the registration of farmers’ varieties on a par with breeders’ varieties. Farmers’ varieties are required to meet the same criteria of distinctiveness, uniformity and stability, but are not required to meet the criterion of novelty. It also protects the rights of farmers by requiring breeders and other persons applying for the registration of varieties under the Act to declare that the genetic material acquired for developing the new variety has been lawfully acquired and to disclose any use of genetic material conserved by tribal or rural families in the development of the registered variety. Claims for compensation may be made where it is found that the tribal or rural communities have contributed material used in the development of the variety. The Act provides for claims for benefit sharing to be made after the publication of certificates of registration of new varieties. Where benefit sharing is ordered by the responsible governmental authority, the money is to be paid into the National Gene Fund. Farmers who conserve or improve landraces or wild relatives of economic plants are eligible to receive an award from the Gene Fund. varieties only need to be distinct and identifiable. The Act also allows acts that are carried out privately on a non-commercial basis, thus allowing small farmers to continue their normal practices of using and exchanging farm-saved seed. In the Near East, no country has yet enacted specific legislation on Farmers’ Rights 22 although the Islamic Republic of Iran and Turkey are currently developing specific laws in this area. However, the Islamic Republic of Iran has already implemented some aspects of Farmers’ Rights in broader legislation. Pakistan has drafted legislation on access to biological resources and community rights that addresses some aspects of Farmers’ Rights. In most industrialized countries, where farmers’ organizations tend to be well connected to policy processes, the issue of Farmers’ Rights has not taken on as much importance and the debate on the use of farm-saved seed is generally held in the framework of IPR and seed legislation. In Europe, while only Italy has adopted specific regulations on Farmers’ Rights, many other countries, for example, Austria and Estonia, consider that they have adequately addressed, or are in the process of addressing, aspects of Farmers’ Rights in other legislation and regulations as

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    The Second Report on THE STATE OF T

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    The designations employed and the p

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    I hope and trust that the informati

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    2.4 Global challenges to in situ co

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    Appendix 2 Major germplasm collecti

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    3.2 Holders of the six largest ex s

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    The CGRFA requested that the SoWPGR

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    Chapter 7 - Access to plant genetic

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    Executive summary �his report des

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    documentation and characterization

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    Given the high level of interdepend

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    Chapter 1 The state of diversity CH

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    TABLE 1.2 Comparison between the co

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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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    TABLE 1.4 (continued) Indicators of

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    CHAPTER 1 even national, germplasm

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    24 CHAPTER 1 9 Hammer, K. 2003. A p

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    26 CHAPTER 1 X. & Li, Z. 2006. Gene

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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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    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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    STATUS BY COUNTRY OF NATIONAL LEGIS

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    STATUS BY COUNTRY OF NATIONAL LEGIS

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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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    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 (wild one-grain wheat, T

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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 actively contribute to t

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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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    346 APPENDIX 4 217 Op cit. Endnote

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    348 APPENDIX 4 291 Op cit. Endnote

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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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