Designing the Microbial Research Commons Proceedings of an International Symposium (2011) / Chapter Skim
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19. The International Treaty on Plant Genetic Resources
19. The International Treaty on Plant Genetic Resources
Pages 137-144
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From page 137... ...
. After a short introduction about the international legal architecture that governs genetic resources and, in particular, plant genetic resources, I will describe what has already been achieved in the context of the international treaty, which is the creation of a multilaterally governed gene pool of more than 1 million accessions of plant genetic material and which constitutes a commons for biological materials.
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From page 138... ...
R2 material Criteria SMTA2 Operational Procedures priority: R1 farmers in developing countries who > 600 transfers every SMTA1 day worldwide conserve and sustainably utilize PGRFA P 1 information On-farm sustainable use exchange & Others conservation CP t ht f Int'l Natural and org legal person FIGURE 19–1 The main operational systems and mechanisms of the International Treaty on Plant Genetic Resources for Food and Agriculture. SOURCE: United Nations Food and Agriculture Organization, http://www.planttreaty.org/ In essence, the treaty creates a multilaterally governed gene pool.
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From page 139... ...
For example, the treaty specifies a priority for funding to farmers in developing countries who conserve and sustainably use plant genetic diversity. At the second session of the governing body, three funding priorities were set by the governing body: on-farm conservation of plant genetic diversity, information exchange and technology transfer, and sustainable use of plant genetic resources, including through characterization, research, and participatory plant breeding.
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From page 140... ...
Of these, the first two are particularly relevant. Concerning the exchange of information, the treaty states that access to plant genetic resources that are protected by intellectual and other property rights shall be consistent with the relevant international agreements and minimum standards for the availability, exercise, and enforcement of intellectual property rights, and shall also be consistent with relevant national laws.
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From page 141... ...
Again, the applicable intellectual property standards must be respected. The treaty then sets out a set of very specific measures for tech transfer implementation, such as the establishment of crop-based thematic groups; the use of plant genetic resources for food and agriculture; and various types of partnerships in research, development, and commercial joint ventures.
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From page 142... ...
SOURCE: United Nations Food and Agriculture Organization, http://www.planttreaty.org/ Seen from the point of view of open knowledge environments, the treaty has essentially established a global materials commons that is multilaterally managed. This differentiates it from the bilateral access and benefit sharing regime under consideration in the context of the CBD.
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From page 143... ...
It is important to have the specificity of agricultural genetic resources recognized in other policy forums, not only the CBD, but also the United Nations Framework Convention on Climate Change and the various food security efforts that are going on in the field.
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