a backseat view of the 50 year voyage to develop international systems for pgrfa conservation and...
TRANSCRIPT
Are we almost there yet? A back seat view of the 50 year trip to develop international systems for PGRFA conservation and use
Michael Halewood, Bioversity International PGR Secure, Cambridge, June 16-20, 2014
1965: FAO Panel of Experts in Plant Exploration
1965 future20011983
1967: International tech conference
1972: IBPGR 1979-1983: FAO conference considers options
1983: International Undertaking adopted; CPGR created
1985: CPGR 11989: CPGR 2; resolutions 4/89, 5/89
1991: resolution 3/91; UPOV 1991
1992: CBD adopted
1994: Treaty negotiations start; FAO-CGIAR In Trust Agreements
1995: WTO/TRIPS
1996: GPA11997: SoW
12001: Treaty text adopted (into force 2004)
2006: GB 1; SMTA adopted; Art 15 agreem
ents
2010: Nagoya Protocol adopted
2011: SoW 2; GPA 2
2014: June: OEWG 1; Nov: OEW
G 2; Nagoya Protocol into force
Core components Internationally linked network of ex situ collections• Facilitated access for agricultural research & breeding
Information system(s)
International fund • developed countries &
commercial users• support developing countries
capacity to participate• reward/incentivize conservation
Phase 1: consolidation of vision
1965: FAO Panel of Experts in Plant Exploration 1967: International tech conference1972: IBPGR
300 collecting missions in 90 countries International network of base collections, to make available for agriculture
research and development
1979-1983: FAO conference considers options1983: International Undertaking; CPGR
International Undertaking, 1983
• “internationally coordinated network of national, regional and international centers . . . under the auspices or the jurisdiction of FAO, that have assumed the responsibility to hold, for the benefit of the international community and on the principle of unrestricted exchange, base or active collections of PGR.”
• “global information system . . . related to plant genetic resources maintained in the aforementioned collections . . . linked to systems established at the national, subregional and regional levels.”
• International financial mechanism to secure funds to support conservation and sustainable use of PGRFA in developing countries
Despite shared basic vision, high degrees of uncertainty, disagreement over …
• How much PGRFA will be included, from which sources? – From IARCS? (relatively easy)– From countries? from whom within countries? (much
more difficult)• What benefits should be shared in return?• What is legal status of PGRFA? Who has deepest
rights of control?
Legal status/deep rights of control
Fundamental. Once you know this, it is clear who gets to decide what goes in. And under what conditions.
Until all parties were comfortable with this, progress institutionalizing 3 core components was not possible, at least not as far as countries were concerned.
1983-2001: key period. Sea-change
Phase 2: common heritage to primacy of national sovereignty and IPS
• 1985: CPGR 1• 1989:CPGR 2• 1989: resolutions 4/89, 5/89• 1991: resolution 3/91; UPOV 1991• 1992: CBD adopted • 1994: Treaty negotiations start; FAO-CGIAR In Trust
Agreements;.• 1995: WTO/TRIPS• 1996: GPA1• 1997: SoW 1• 2001: Treaty text adopted (into force 2004)
International Treaty & MLS• First international legally binding instrument addressing pooling,
conserving, sharing benefits for PGRFA• Based on recog and exercise of national sovereign rights wrt PGRFA• Recognizes and works around IPRs• Automatically in the network of collections: management and
control of contracting party and in the public domain– National public mats w/o IPRs – Everything else subject to voluntary inclusion. Commitments to
encourage natural and legal persons to do so.– Some in situ, but not so much given formula
• Benefit sharing formulae (2 options)• Creation of a benefit sharing fund• Commitment to creation of a global information system
20:20 hindsight: sea-change precondition for progress
• Early efforts to consolidate international rules regarding pooling, conserving , sharing PGRFA and associated benefits floundered when they were based on conceptions of PGRFA as part of the public domain and/or the common heritage of human kind.
• Progress made possible with primacy of intellectual property and national sovereignty were clarified, and countries’ and IPR holders deeper rights were clarified.
Treaty is huge progress, but as we enter phase 3 …
Leading to …
More adjustments necessary…• Not on the scale of 1983-1993 (not another sea change)
Need to: • lower transaction costs, increase user & others monetary
contributions, create willingness to confirm what materials are automatically, create incentives for voluntary contributions, possibly expand Annex 1 for more crops, forages,
• create/endorse operationalize information system
Many of these challenges well documented by the Funding Strategy Working Group & Governing Body, which launched formal intergovernmental process
Working Group to Enhance Functioning of the Multilateral System (EFMLS)
• 3 meetings planned 2014-15• 5 reps/region• Co-chairs: Bert Visser, Modesto Fernandez• 1st was in June• First two focus on user measures• Third to focus on providers
EFMLS 2• Some tensions about disaggregating user messages and increased
access– Library analogy
• Some initial conversion around revision of benefit sharing option 6.11 of SMTA– Up front membership or subscription fees, based on commercial operations
of user/subcriber– No need to trace incorporation or sales of particular varieties– But, lots of open questions. Opening meeting only. Long way to go. Great
start, but need to be cautious
• Extremely important process. Dynamic, innovative, exceeding UN norm (though more intense stakeholder engagement would be welcome)
2015: GB adopts revised MLS conditions?
2017: Global information system? BSF contributions from users? And or governments? Automatic and voluntary inclusions verified & increased?
Into the future
2015 onwards: Mutually supportive implementation of the Treaty/CBD/Nagoya Protocol?
??: In situ conservation and sustainable use?
Are going to make it? When?
