The International Treaty on Plant Genetic Resources for Food and Agriculture

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Oct 22, 2013 (4 years and 2 months ago)

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The International Treaty on Plant Genetic
Resources for Food and Agriculture

and

The Convention on Biological Diversity

Training Workshop

The International Treaty on Plant Genetic Resources for Food and
Agriculture


The conservation of Crop Wild Relatives in Armenia


Yerevan, 15 December 2005



The International Treaty:

Related International Instruments


The IT is not developing in isolation



Some texts governing plant genetic materials:



CBD

-

Convention on Biological Diversity



TRIPS
-

Agreement on Trade
-
Related Aspects of Intellectual



Property



Regional instruments



Non
-
binding instruments

The Convention on Biological Diversity (1992)





deals with



conservation of biological diversity



sustainable use of biological resources



equitable sharing of the benefits accruing from the


utilisation of genetic resources



lays down objectives and sets out policies to be followed



balance between:



national sovereignty over natural resources



international common responsibility for conservation of


biodiversity



recognises the role of the indigenous and local communities in
the conservation of biological diversity


CBD and the access to genetic resources






The CBD provides for:

a)

access to genetic resources

b)

access to the corresponding technologies

c)

access by the countries supplying genetic resources to
the benefits arising out of their use





a)
Access to genetic resources



Art. 15.1. Authority to determine access to genetic resources
rests with the national governments and is subject to
national legislation


Art. 15.4. Access, where granted, shall be on mutually agreed
terms


Art. 15.5.
Access to genetic resources shall be subject to prior
informed consent of the Contracting Party providing such
resources


CBD and the access to genetic resources

CBD and the access to genetic resources





b)
Access to and transfer of technology



Art. 16.1. Each Contracting Party shall provide and/or facilitate
access for and transfer to other Contracting Parties of
technologies including biotechnology that are relevant to
the conservation and sustainable use of biological diversity
or make use of genetic resources.


Art. 16.3. Each Contracting Party shall take measures with the
aim that Contracting Parties which provide genetic
resources are provided access to and transfer of technology
which makes use of those resources, on mutually agreed
terms, including technology protected by patents and other
intellectual property rights.

CBD and the access to genetic resources





c)
Access to the benefits arising out of the use of genetic
resources



Art. 15.7. Contracting Parties shall take legislative, administrative or
policy measures with the aim of sharing in a fair and equitable
way the results of research and development and the benefits
arising from the commercial and other utilization of genetic
resources with the Contracting Party providing such resources.


Art. 19.2. Contracting Parties shall take measures to promote and
advance priority access on a fair and equitable basis by
Contracting Parties, especially developing countries, to the results
and benefits arising from biotechnologies based upon genetic
resources provided by those Contracting Parties.

The IT
-
PGRFA and the CBD



Art. 1.2. The Treaty’s objectives will be attained by closely linking
the Treaty to the FAO
and to the CBD

The IT
-
PGRFA and the CBD:

The Multilateral System




The Multilateral System may be considered to be
an alternative
model for the multilateral application

of the provisions of the
CBD in the field of the plant genetic resources for food and
agriculture set out in Annex 1



For other plant genetic resources
the conditions agreed by
common accord under the CBD apply

The Bonn Guidelines on Access to Genetic Resources




COP Decision VI/24



Voluntary Guidelines address national measures on access to
genetic resources with prior informed consent and benefit
sharing



Provide approaches in developing ABS strategies, and in
negotiating contractual arrangements for ABS



Identify the steps in the ABS process and the requirements for
mutually agreed terms, with the involvement of all stakeholders

CBD’s COP Decisions and the IT
-
PGRFA




COP VI/6 (2002) recognizes the role of the IT
-
PGRFA for the
conservation and sustainable use of PGRFA, and appeals to
Parties and to give priority consideration to its ratification



COP VII/3 (2004)
urges Parties to ratify the
IT
-
PGRFA


FAO, Seed and Plant Genetic Resources Service