International treatise to protectplant genetic resources

International treatise to protectplant genetic resources

Presentation byGroup No. 5

Presentation byGroup No. 5

UPOV 1978 CBD 1992GPA1996

ITPGFRA22001

FAO,1989, Agreed to recognize the Farmers Rights BonnGuidelines2002

CITES1975 UPOV

1991WTO1995

Cartagenaprotocol 2000

FAO undertaking on plant genetic resources,1983, as afoundation to ensure conservation, use and availability ofgenetic resources

GPA II Nov2011

CITES

• Convention on International Trade in EnlargedSpecies of Wild Fauna and Flora

• India joined it in 1976.• Voluntary in nature.• Ensures international trade in specimens of

wild animals and plants which does not posethreat to their life.

• Convention on International Trade in EnlargedSpecies of Wild Fauna and Flora

• India joined it in 1976.• Voluntary in nature.• Ensures international trade in specimens of

wild animals and plants which does not posethreat to their life.

CBDCBD

• Convention on Biodiversity.• It is an international legally binding treaty.• Conservation of biological diversity.• Sustainable use of its component.• Fair and equitable sharing of benefits arising

from genetic resources.• 1992( Earth summit) 1993 (force, India)

• Convention on Biodiversity.• It is an international legally binding treaty.• Conservation of biological diversity.• Sustainable use of its component.• Fair and equitable sharing of benefits arising

from genetic resources.• 1992( Earth summit) 1993 (force, India)

CBD & IPRCBD & IPR

• Preamble and Article15(1) states “ National stateshave sovereign rights over the biological diversitywithin their territory and have the authority todetermine access to these resources inaccordance with national legislation”.

• Article 15(4), 15(5) states “ Access to geneticresources must be obtained with the priorinformed consent of the CBD party and onmutually agreed terms”.

• Preamble and Article15(1) states “ National stateshave sovereign rights over the biological diversitywithin their territory and have the authority todetermine access to these resources inaccordance with national legislation”.

• Article 15(4), 15(5) states “ Access to geneticresources must be obtained with the priorinformed consent of the CBD party and onmutually agreed terms”.

Continued………Continued………

• Article 15(7)” The CBD envisages the use oflegal measures, that could feasibly includeIPRs by calling on parties to take legislative,administrative or policy measures to ensurethat the benefit arising from research,development and commercial use of geneticresources are shared in an equitable way withthe provider of genetic resources”.

• Article 15(7)” The CBD envisages the use oflegal measures, that could feasibly includeIPRs by calling on parties to take legislative,administrative or policy measures to ensurethat the benefit arising from research,development and commercial use of geneticresources are shared in an equitable way withthe provider of genetic resources”.

Continued………..Continued………..

• In Article 16(2) CBD refer to “the technologiesthat are relevant to conservation andsustainable use of biological diversity or makeuse of genetic resources and do not causesignificant changes to environment andrequires the parties to CBD to transfer thetechnologies to developing countries at fair &on most favourable( if possible at concessionalor preferential terms) when mutually agreed”.

• In Article 16(2) CBD refer to “the technologiesthat are relevant to conservation andsustainable use of biological diversity or makeuse of genetic resources and do not causesignificant changes to environment andrequires the parties to CBD to transfer thetechnologies to developing countries at fair &on most favourable( if possible at concessionalor preferential terms) when mutually agreed”.

Continued ……….Continued ……….

• When Technologies are IPR protected, itrequires that the technologies be provided onterms that are consistent with adequate andeffective protection of those rights.

• In Article 16(3) CBD requires that “when adeveloping country has provided access togenetic resources, that country should beprovided with technologies that makeutilization of those resources”.

• When Technologies are IPR protected, itrequires that the technologies be provided onterms that are consistent with adequate andeffective protection of those rights.

• In Article 16(3) CBD requires that “when adeveloping country has provided access togenetic resources, that country should beprovided with technologies that makeutilization of those resources”.

Continued ………Continued ………

• Whether the technology that is IPR patentedor protected under system of sui generis forprotection of plant variety are appropriate forconservation and sustainable use of diversebiological resources or make use of geneticresources and do not cause significant damageto environment?

• My answer is No .

• Whether the technology that is IPR patentedor protected under system of sui generis forprotection of plant variety are appropriate forconservation and sustainable use of diversebiological resources or make use of geneticresources and do not cause significant damageto environment?

• My answer is No .

Continued…….Continued…….

• Market based IPR incentives often promotethe development of technologies that arefocused less towards the needs of thecommunities- to health, food security,environmentally sound technology and moretowards the interest of private firms inWestern World.

• Ex- Genetic Use Restriction Technology

• Market based IPR incentives often promotethe development of technologies that arefocused less towards the needs of thecommunities- to health, food security,environmentally sound technology and moretowards the interest of private firms inWestern World.

• Ex- Genetic Use Restriction Technology

Continued……….Continued……….

• This technology has been used to produceplants that produce the sterile seed (terminaltechnology) or that requires chemical switchto be applied before they will exhibit certaincharacteristics, such as flowering ( traitortechnology). This undermines the right of thefarmer to save and re-use seeds withoutdependence on corporate seed companies.

• This technology has been used to produceplants that produce the sterile seed (terminaltechnology) or that requires chemical switchto be applied before they will exhibit certaincharacteristics, such as flowering ( traitortechnology). This undermines the right of thefarmer to save and re-use seeds withoutdependence on corporate seed companies.

Continued………Continued………

• TRIPS agreement includes obligationsregarding transfer of technology in Article 7and incentives to be established to encouragetechnology transfer to least developedcountries in Article 66.2.

• But hardly any step taken by developedcountries in this regard.

• TRIPS agreement includes obligationsregarding transfer of technology in Article 7and incentives to be established to encouragetechnology transfer to least developedcountries in Article 66.2.

• But hardly any step taken by developedcountries in this regard.

Continue………..Continue………..

• In case of Pharmaceutical, Seed andAgrochemicals minimum 36, 40 and 82 % ofmarket share is accounted by top tencompanies since 1999.This leads to challengeslike exploitation and abuse of market powerand patents obtained by this companiesleading to exploitation of farmers andundermining their competitors.

• In case of Pharmaceutical, Seed andAgrochemicals minimum 36, 40 and 82 % ofmarket share is accounted by top tencompanies since 1999.This leads to challengeslike exploitation and abuse of market powerand patents obtained by this companiesleading to exploitation of farmers andundermining their competitors.

Continue……….Continue……….

Existing IPR system combined with nationalpolicies like subsidies, varietal preference etc.leads to destruction of bio-diversity by

• Encourage expansion of monoculturesreplacing existing biologically diversetraditional agricultural system.

• Removal of traditional varieties fromcirculation and making farmers dependent oncorporate seed companies for seeds.

Existing IPR system combined with nationalpolicies like subsidies, varietal preference etc.leads to destruction of bio-diversity by

• Encourage expansion of monoculturesreplacing existing biologically diversetraditional agricultural system.

• Removal of traditional varieties fromcirculation and making farmers dependent oncorporate seed companies for seeds.

Why we don’t want TRIPs ?Why we don’t want TRIPs ?

• TRIPs agreement does not prohibit membersfrom granting patents over plant geneticresources. Thus it becomes unavailable foraccessing through system of Multilateral Accessunder CBD and ITPGRFA.

• No mechanism in TRIPs agreement to ensure thatthe benefits derived from patent protection overgenetic resources relating to food and Agricultureare collected and distributed fairly and equitably.

• TRIPs agreement does not prohibit membersfrom granting patents over plant geneticresources. Thus it becomes unavailable foraccessing through system of Multilateral Accessunder CBD and ITPGRFA.

• No mechanism in TRIPs agreement to ensure thatthe benefits derived from patent protection overgenetic resources relating to food and Agricultureare collected and distributed fairly and equitably.

IPR IN COMPATIBILITY WITH CBD

• TRIPs agreement requires members to offerprotection to innovations in all areas oftechnology, whether product or process, that arenew, involve an innovative step and are capableof industrial application.

• Important exceptions are1. When it is necessary to protect morality,

including to human beings, animals and plantsor their health or to avoid serious prejudice toenvironment.

• TRIPs agreement requires members to offerprotection to innovations in all areas oftechnology, whether product or process, that arenew, involve an innovative step and are capableof industrial application.

• Important exceptions are1. When it is necessary to protect morality,

including to human beings, animals and plantsor their health or to avoid serious prejudice toenvironment.

Continued…..Continued…..2. Members are required to grant patents for

microbial as well as non-microbial andessentially biological processes for theproduction of plants and animals but no patentsfor plants and animals.

3. Member may provide certain exceptions to theexclusive rights conferred by patents, subjects tocertain qualification.

4. Member may permit use of patented inventionwithout authorization of patent owner in certaincircumstances.

2. Members are required to grant patents formicrobial as well as non-microbial andessentially biological processes for theproduction of plants and animals but no patentsfor plants and animals.

3. Member may provide certain exceptions to theexclusive rights conferred by patents, subjects tocertain qualification.

4. Member may permit use of patented inventionwithout authorization of patent owner in certaincircumstances.

ABUSE OF THE POWER• Basmati- US PTO granted patent to RiceTec, a

Texas based company for Rice Variety namedTexamati, a similar variety to Basmati(Traditional).

• Neem- European Patent Office granted patent toUSDA and Corporation W.R. Grace for process ofextracting oil from Neem tree.

• Turmeric- a patent granted to researchers ofUniversity of Mississippi Medical Centre formethod of promoting healing of wound byadministering turmeric to a patient afflicted witha wound.

• Basmati- US PTO granted patent to RiceTec, aTexas based company for Rice Variety namedTexamati, a similar variety to Basmati(Traditional).

• Neem- European Patent Office granted patent toUSDA and Corporation W.R. Grace for process ofextracting oil from Neem tree.

• Turmeric- a patent granted to researchers ofUniversity of Mississippi Medical Centre formethod of promoting healing of wound byadministering turmeric to a patient afflicted witha wound.

Continued……..Continued……..

• Rosy Periwinkle, a plant claimed to beindigenous to Madagascar. The anti-canceragent Vincristine and Vinblastine were derivedfrom these plant, discovered byPharmaceutical major Eli Lilly and Co. in1950’s. The pharmaceutical companies havemade billions of dollars but not even a singledollar is shared with Madagascar.

• Rosy Periwinkle, a plant claimed to beindigenous to Madagascar. The anti-canceragent Vincristine and Vinblastine were derivedfrom these plant, discovered byPharmaceutical major Eli Lilly and Co. in1950’s. The pharmaceutical companies havemade billions of dollars but not even a singledollar is shared with Madagascar.

GPA IGPA I

• Global plan of Action (on conservation and sustainableuse of plant genetic resources for food and agriculture)

• Adopted by 150 countries in 1996.• Endorsed by FAO conference, the conference of the

parties to CBD and various Govt. at World FoodSummit.

• It seeks to create an efficient system for theconservation and sustainable use of plant geneticresources, through better co-operation, co-ordination,planning and through the strengthening of capacities.

• Global plan of Action (on conservation and sustainableuse of plant genetic resources for food and agriculture)

• Adopted by 150 countries in 1996.• Endorsed by FAO conference, the conference of the

parties to CBD and various Govt. at World FoodSummit.

• It seeks to create an efficient system for theconservation and sustainable use of plant geneticresources, through better co-operation, co-ordination,planning and through the strengthening of capacities.

ITPGFRAITPGFRA

• International Treaty on Plant Genetic Resourcesfor Food and Agriculture

• Facilitating access to plant genetic resources heldby contracting parties and those in internationalcollections, for the common good.

• Recognising that these are an indispensable rawmaterial for crop genetic improvement, and thatmany countries depend on genetic resourceswhich have originated elsewhere

• International Treaty on Plant Genetic Resourcesfor Food and Agriculture

• Facilitating access to plant genetic resources heldby contracting parties and those in internationalcollections, for the common good.

• Recognising that these are an indispensable rawmaterial for crop genetic improvement, and thatmany countries depend on genetic resourceswhich have originated elsewhere

Continued ………….

• This represents an implementation of the CBDprinciples taking account of the specificcharacteristics of plant genetic resources

• The ITPGRFA leaves it entirely up to nationalgovernments to implement Farmers’ Rights.Thus, implementing specific Farmers’ Rights isnot an international obligation like thatimposed under provisions in TRIPS.

• This represents an implementation of the CBDprinciples taking account of the specificcharacteristics of plant genetic resources

• The ITPGRFA leaves it entirely up to nationalgovernments to implement Farmers’ Rights.Thus, implementing specific Farmers’ Rights isnot an international obligation like thatimposed under provisions in TRIPS.

Continued ………Continued ………• The ITPGRFA also recognises the contribution of

farmers in• conserving,• improving and• Making available these resources, and that this

contribution is the basis of Farmers’ Rights.• It does not limit in any form whatsoever rights that

farmers may enjoy under national law to save, use,exchange and sell farm-saved seed.

• It also sets out the right to participate in decisionmaking about and to derive fair and equitablebenefits from, the use of these resources.

• The ITPGRFA also recognises the contribution offarmers in

• conserving,• improving and• Making available these resources, and that this

contribution is the basis of Farmers’ Rights.• It does not limit in any form whatsoever rights that

farmers may enjoy under national law to save, use,exchange and sell farm-saved seed.

• It also sets out the right to participate in decisionmaking about and to derive fair and equitablebenefits from, the use of these resources.

GPA IIGPA II

• An agreed set of Priority Activities that directlyaddress the new developments, opportunitiesand challenges facing plant conservation, use inthe 21st century.

• The priority activities of the GPA II addressesthese developments to ensure that PGRFAcontinues to be available for current and futureuse for food security and sustainable agriculture.

• An agreed set of Priority Activities that directlyaddress the new developments, opportunitiesand challenges facing plant conservation, use inthe 21st century.

• The priority activities of the GPA II addressesthese developments to ensure that PGRFAcontinues to be available for current and futureuse for food security and sustainable agriculture.

Continue ……….

GPA II aims to• Promote cost efficient and effective global

efforts to conserve and sustainably usePGRFA.

• Link conservation with for a greater use ofgermplasm.

• Strengthen crop improvement and seedsystems to foster economic development.

GPA II aims to• Promote cost efficient and effective global

efforts to conserve and sustainably usePGRFA.

• Link conservation with for a greater use ofgermplasm.

• Strengthen crop improvement and seedsystems to foster economic development.

Continued ….Continued ….

• Create capacities, strengthen nationalprogrammes and widen partnerships forPGRFA management.

• Strengthen implementation of the ITPGRFA.

• Create capacities, strengthen nationalprogrammes and widen partnerships forPGRFA management.

• Strengthen implementation of the ITPGRFA.

Bonn GuidelinesBonn Guidelines

• In order to assist the parties and stakeholders inimplementation of access and benefit-sharingprovisions of CBD, a set of guidelines known as “Bonn Guidelines” were adopted by Conference ofParties (COP) to CBD in April 2002.

• The guidelines bridge the gap between policydevelopment and implementation by providingelements of transparent and predictableframework for both user and providers of geneticresources.

• In order to assist the parties and stakeholders inimplementation of access and benefit-sharingprovisions of CBD, a set of guidelines known as “Bonn Guidelines” were adopted by Conference ofParties (COP) to CBD in April 2002.

• The guidelines bridge the gap between policydevelopment and implementation by providingelements of transparent and predictableframework for both user and providers of geneticresources.

LMMC & WSSD 2002

• Like Minded Megadiverse Countries (LMMC),who holds a great majority of world’sbiological diversity, gave emphasis to fair andequitable sharing of benefits of geneticresources, which led to negotiation in Sep2002 in World Summit on Sustainabledevelopment, later on endorsed by UnitedNation General Assembly.

• Like Minded Megadiverse Countries (LMMC),who holds a great majority of world’sbiological diversity, gave emphasis to fair andequitable sharing of benefits of geneticresources, which led to negotiation in Sep2002 in World Summit on Sustainabledevelopment, later on endorsed by UnitedNation General Assembly.