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The International Treaty on Plant Genetic Resources
(Session 4: Materials Semicommons in Energy and Environmental Research and Applications)
Dr. Shakeel BhattiSecretary
International Treaty on Plant Genetic Resources for Food and Agriculture
Designing the Microbial Research Commons Symposium
Washington DC, 8-9 October 2009
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Overview
1. The International Treaty on Plant Genetic Resources - Introduction
2. Creation of a material commons – Existing achievements
3. Creation of a information commons– Next steps
4. Reflections on operationalizing an OKE
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International Governance Architecture Relevant To Plant Genetic Resources
Convention on Biological Diversity 1992
International Treaty on Plant Genetic Resources for Food and Agriculture 1994
Union for the Protection of New Plant Varieties 1978, 1991
TRIPS Agreement 1994 (incl. Paris Convention)
Budapest Treaty on Deposit of Microorganisms for Purposes of Patent Procedure (1985)
Consultative Group on International Agricultural Research (Bioversity)
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History of the Int’l TreatyTimelime
1992 – Adoption of CBD
1994 – Beginning of negotiations
2001- Adopted by the FAO Conference
2006 – 1st Session of the GB (Madrid)
SMTA & Funding Strategy adopted
June 2009 – 3rd Session of the GB (Tunis)
March 2011 – 4th Session of the GB (Bali)
Oct. 2009: 121 Contracting Parties
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Multilateral System
P1
R1
R2
SMTA2
SMTA1
SMTA3
On-farm conservation
On-farm conservation
information exchange &
tech.transfer
information exchange &
tech.transfer
sustainable use
sustainable use
1,1% of net sales
PrioritiesCriteria
Operational Procedures
PrivateSectorVoluntary
contributions(eg, NW, IT)
Benefit-sharing fund
Benefit-sharing fund
CP
Int’l org Natural and legal person
Others
OthersInternational Treaty Main Operational Systems & Mechanisms
priority: farmers in developing countries who conserve and sustainably
utilize PGRFA
> 1.2 million accessions of
genetic material > 440,000 transfers in first year (CGIAR
alone)
> 600 transfers every day worldwide
½ million USD of grants
disbursed for conservation of
crop genetic diversity and use, incl research
Objective: 116 million USDplanning target: 50 mill USD
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(not specified)
Benefit-sharing Fund – 1st Call for Proposals: applications
(Dec.08-Jan.09)
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P1
R1
R2
SMTA2
SMTA1
SMTA3
1,1% of net sales Benefit-sharing fund
Benefit-sharing fund
IP management model of the multilaterally governed genepool of the International Treaty
Access to PGRFA protected by intellectual and other property rights shall be consistent with relevant international agreements, and with relevant national laws (Art.12.3f)
Recipients shall not claim any IP or other rights that limit the facilitated access to the PGRFA, or their genetic parts or components, in the form received from the Multilateral System (Art. 12.3d IT-PGRFA)
In the case that the Recipient commercializes a Product that is a
PGRFA and that incorporates Material [from the MLS], and where such Product is not available without restriction to others for further
research and breeding, the Recipient shall pay a fixed percentage [~1.1%] of
the Sales of the commercialized Product into the mechanism established by the Governing Body for this purpose [the Benefit-sharing Fund], in accordance
with Annex 2 to the SMTA.
The Governing Body may, from time to time, review the levels of payment with a view to achieving fair and equitable sharing of benefits, and it may also assess, within a period of 5 years from the entry into force of this Treaty, whether the mandatory payment requirement in the MTA shall apply also in cases where such commercialized products are available without restriction to others for further research and breeding (Art.13.2d(ii)).
Art.6.9 The Recipient shall make available to the MLS, through the information system provided for in Article 17 of the Treaty, all non-confidential
information that results from research and development carried out on the Material, and is encouraged to share through the Multilateral System non-
monetary benefits … that result from such research and development.
After the expiry or abandonment of the protection period of an intellectual property right on a Product that incorporates the Material, the Recipient is encouraged to place a sample of this Product into a collection that is part of
the Multilateral System, for research and breeding. (Art.6.9 SMTA)
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Article 17 The Global Information System on
Plant Genetic Resources • “Contracting Parties shall cooperate to develop … a
global information system to facilitate the exchange of information … on scientific, technical and environmental matters related to plant genetic resources for food and agriculture, with the expectation that such exchange of information will contribute to the sharing of benefits by making information on plant genetic resources for food and agriculture available to all Contracting Parties.”
• As of June 2009, the Governing Body “requests the Secretariat to develop a vision paper … to take stock of existing information systems and to outline a process for the development of this global information system.”
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Art.13.2a: Exchange of Information
“The Contracting Parties agree to make available information which shall, inter alia, encompass:
• catalogues and inventories, • information on technologies, • results of technical, scientific and socio-economic research, • including characterization, evaluation and utilization, regarding those plant genetic resources … under the
Multilateral System.
Such information shall be made available, where non-confidential, subject to applicable law and in accordance with national capabilities.
Such information shall be made available to all Contracting
Parties to this Treaty through the Information System, provided for in Article17.”
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Art.13.2b(i): Transfer of Technology
“The Contracting Parties undertake to provide/facilitate access to technologies for the conservation, characterization, evaluation and use of plant genetic resources for food and agriculture which are under the Multilateral System.
Recognizing that some technologies can only be transferred through genetic material, the Contracting Parties shall provide/facilitate access to such technologies and genetic material which is under the Multilateral System and to improved varieties and genetic material developed through the use of plant genetic resources for food and agriculture under the Multilateral System….
Access to these technologies, improved varieties and genetic material shall be provided/facilitated, while respecting applicable property rights and access laws, and in accordance with national capabilities”
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Art.13.2b(ii): Transfer of Technology
“access to and transfer of technology to countries … shall be carried out through a set of measures, such as:– the establishment of … crop-based thematic
groups on utilization of plant genetic resources for food and agriculture,
– all types of partnership• in research and development and • in commercial joint ventures relating to the material
received,
– human resource development, and – effective access to research facilities.”
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Art.13.2b(iii): Transfer of Technology
“access to and transfer of technology as referred to in (i) and (ii) above, including that protected by intellectual property rights, to developing countries that are Contracting Parties … shall be provided/facilitated under fair and most favourable terms, in particular in the case of technologies for use in conservation as well as technologies for the benefit of farmers in developing countries … including on concessional and preferential terms where mutually agreed, inter alia, through partnerships in research and development under the Multilateral System.
Such access and transfer shall be provided on terms which recognize and are consistent with the adequate and effective protection of IPRs.”
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Challenges of the International Treaty
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The Treaty and OKEs
• The ITPGRFA has established a global material commons of >1.2 million plant genetic resource accessions, multilaterally managed by 121 member governments (Art.10-13, ITPGRFA);
• This material commons is fully operational through a globally applied Standard MTA and a global information infrastructure, which will go online in early 2010;
• The ITPGRFA provides for an information commons based on that material commons through establishment of an GIS (Art.17, Art.13.2(a), (b));
• Conditions already achieved:– the Treaty provides sustained operational funding by those
governments and a Secretariat;– the Treaty created a Governing Body which has become the
primary convening place for the plant genetic resources community;
– the Treaty is being taken as a model by WHO for microbial genetic resources for virus-sharing and benefit-sharing;
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Challenges for the Treaty
• Further operationalize MLS; • Focus the Project Cycles of Benefit-sharing Fund
towards scientific advances;• recognize two-fold nature of the Treaty:
– intergovernmental process;– operational systems & mechanisms;
• Maintain policy and operational coherence in Treaty implementation;
• Facilitate interaction between Contracting Parties & users & other stakeholders;
• Address the challenges of the agricultural sector in a changing environment (biodiversity loss, food prices, climate change, development, etc.);
• Leverage Treaty as a model for other sectors.
