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plant genetic resources for food and agriculture - FAO

plant genetic resources for food and agriculture - FAO

ACCESS TO PGR, THE

ACCESS TO PGR, THE SHARING OF BENEFITS ARISING OUT OF THEIR UTILIZATION AND THE REALIZATION OF FARMERS' RIGHTS 7.1 Introduction Access and benefit-sharing (ABS), together with conservation and sustainable use, are at the heart of both the CBD and the ITPGRFA. In a world where countries are interdependent among each other for the plant genetic resources they need to sustain food production and to meet the increasing challenges of disease and climate change, access to those resources is essential for achieving world food security. This chapter reviews the changes that have taken place since the first SoW report was published. It covers the international legal and policy framework relevant to ABS and developments in ABS at the national level. It then reviews developments in the realization of Farmers’ Rights under the ITPGRFA. 7.2 Developments in the international legal and policy framework for access and benefit-sharing The international legal and policy framework is an area that has undergone and is still undergoing, very significant change since the first SoW report was published. Its dynamic nature has influenced and will continue to have a major influence on progress in all areas of the conservation and use of PGRFA. 7.2.1 The ITPGRFA One of the most important developments in the PGR sector since the first SoW report was published has been the adoption and entry into force of the ITPGRFA. On the issue of ABS, the ITPGRFA draws together the threads of the International Undertaking on PGR, a non-binding international instrument that provides for ‘unrestricted’ availability of PGR as a common heritage of humankind and those of the CBD which is based on the principle of national sovereignty over genetic resources and access on the basis of prior informed consent and mutually agreed terms. The ITPGRFA establishes an MLS of ABS for those PGR that are most important for food security and on which countries are most interdependent. For such genetic resources, which are listed in Annex 1 of the ITPGRFA, the Contracting Parties have agreed on standard terms and conditions that will govern their transfer for the purpose of research, breeding and training. These standard terms and conditions are set out in the SMTA, adopted by the Governing Body at its First Session in June 2006. In this way, the MLS reduces the transaction costs inherent in bilaterally negotiated exchanges. The MLS automatically covers all PGRFA of Annex 1 crops that are “under the management and control of the Contracting Parties and in the public domain”. Provision is made for the voluntary inclusion of other materials in the MLS by their holders. 7.2.1.1 Benefit-sharing under the Multilateral System Benefit-sharing under the MLS takes place at the multilateral level. Facilitated access to genetic resources that are included in the MLS is, itself, recognized as a major benefit of the system. Other benefits arising from the use of PGRFA that are to be shared on a ‘fair and equitable’ basis, include the exchange of information, access to and transfer of technology, capacity building and the sharing of monetary and other benefits arising from commercialization (see Box 7.1). The Benefit-Sharing Fund that has been established for the purpose of receiving revenues arising from commercialization will also accept voluntary contributions received from the Contracting Parties, non-contracting parties and the private sector 1 as part of the benefit-sharing system. As of mid-2009, voluntary contributions to the fund have been made by a number of governments, including a commitment by the Government of Norway to make a voluntary contribution to the Benefit-Sharing Fund equal to 0.1 percent of the value of all seeds sold in Norway. The ITPGRFA Secretariat’s first call for proposals under the Benefit-Sharing Fund closed in January 2009 and the first 11 project grants were awarded before the Third Session of the Governing Body in June 2009. The financial benefits arising from commercialization form part of the ITPGRFA’s Funding Strategy under Article 18. The strategy also includes the mobilization of funding from other sources outside the ITPGRFA. An essential element of the Strategy is the GCDT, an 165

CHAPTER 7 Box 7.1 Benefit-sharing under the ITPGRFA international fund that was established in 2004 to help ensure the long-term ex situ conservation and availability of PGRFA (see Section 6.5). 7.2.1.2 Enforcement of the terms and conditions of the Standard Material Transfer Agreement The SMTA provides a mechanism for overcoming potential difficulties of enforcement by empowering FAO, as the entity chosen by the Governing Body, to represent its interests as a third party beneficiary under the SMTA, and to initiate action where necessary to resolve disputes. 166 THE SECOND REPORT ON THE STATE OF THE WORLD’S PGRFA Under the ITPGRFA, facilitated access to genetic resources that are included in the MLS is itself recognized as a major benefit of the system. Other benefits arising from the use of PGRFA that are to be shared on a ‘fair and equitable’ basis include: • the exchange of information: this includes catalogues and inventories, information on technologies and results of technical, scientific and socio-economic research on PGRFA including data on characterization, evaluation and information on use. • access to and transfer of technology: Contracting Parties agree to provide or facilitate access to technologies for the conservation, characterization, evaluation and use of PGRFA. The ITPGRFA lists various means by which transfer of technology is to be carried out, including participation in crop-based or thematic networks and partnerships, commercial joint ventures, human resource development and through making research facilities available. Access to technology, including that protected by IPR, is to be provided and/or facilitated under fair and most-favourable terms, including on concessional and preferential terms where mutually agreed. Access to these technologies is provided while respecting applicable property rights and access laws. • capacity building: the ITPGRFA gives priority to programmes for scientific education and training in the conservation and use of PGRFA, to the development of facilities for conserving and using PGRFA and to the carrying out of joint scientific research. • sharing of monetary and other benefits arising from commercialization: monetary benefits include payment into a special Benefit-Sharing Fund of the MLS of a share of the revenues arising from the sale of PGRFA products that incorporate material accessed from the MLS. Such payment is mandatory where the product is not available for further research and breeding, for example, as a result of certain types of patent protection. In the SMTA, adopted by the Governing Body at its First Session in 2006, the payment is set at 1.1 percent of the gross sales generated by the product less 30 percent (i.e. 0.77 percent). 7.2.2 The Convention on Biological Diversity The CBD continues to provide the legal and policy framework for ABS with regards to genetic resources in general. The main developments in the CBD framework since the first SoW report was published have been in the context of the work on ABS initiated by the Fourth Conference of the Parties on Biological Diversity (COP 4) in 1999 and carried out principally by a Working Group on ABS established in 2000. The first product was the non-binding Bonn Guidelines on ABS adopted at COP 6 in 2001. The Bonn Guidelines were designed to assist countries in developing and drafting policies,

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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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    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 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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    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 STATE OF EX SITU CONSERVATION 1

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    Chapter 4 The state of use CHAPTER

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    96 CHAPTER 4 very similar (approxim

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    98 CHAPTER 4 including rice, maize

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    CHAPTER 4 In the United States of A

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    CHAPTER 4 biosafety monitoring and

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    CHAPTER 4 improvement. While the fi

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    CHAPTER 4 seed legislation to meet

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    CHAPTER 4 A number of countries 36

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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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    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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