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November20th, 2019 International Treaty on Plant Genetic Resources for Food and Agriculture, and Benefit Sharing: Convention on Biological Diversity (CBD), Nagoya Protocol and International Treaty Karina Najarro Intellectual Property Specialist Ofice of Legal Affairs [email protected]

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Page 1: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

November 20th, 2019

International Treaty on Plant Genetic Resources for Food

and Agriculture, and Benefit Sharing: Convention on

Biological Diversity (CBD), Nagoya Protocol and

International Treaty

Karina Najarro Intellectual Property Specialist

Ofice of Legal Affairs

[email protected]

Page 2: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Background: Genetic Resources

Principle: Common heritage of humanity

Public Goods

Free access to genetic resources

Concern about the decline/loss of biodiversity.

Recognition of sovereign rights

Benefit sharing, sustainable use

Page 3: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Convention on Biological Diversity (CBD)

Page 4: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Convention on Biological Diversity (CBD)

- The Convention on Biological Diversity (CBD) was opened for signature

at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into

force on 29 December 1993.

Goals:

Conservation of Biodiversity

Sustainable use of

Biodiversity

Fair and Equitable

Sharing of the Benefits (ABS)

Components of Biodiversity:

all the various forms of life on

Earth including ecosystems,

animals, plants, fungi,

microorganisms, and geneticdiversity.

Page 5: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Sovereign Rights over genetic resources (Article 3)

PIC (Prior Informed Consent)

MAT (Mutually Agreed Terms)

Page 6: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

• 1993• Sovereignty

CBD

• 2004• Multilateral

System

International Treaty • 2014

• Bilateral System

Nagoya Protocol

Page 7: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

International Treaty on Plant Genetic

Resources for Food and Agriculture

(International Treaty)

Page 8: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

International Treaty on Plant Genetic Resources for

Food and Agriculture (International Treaty)

Goals

Sustainableuse and

Conservation

Fair and Equitable

Benefit Sharing

FacilitatedAccess

Farmers’ rights

✓ Adopted by the Thirty-First Session of the Conference of the Food and

Agriculture Organization of the United Nations on 3 November 2001

✓ In force since June 29, 2004

Page 9: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

INTERNATIONAL TREATY

Multilateral System

68 Crops

Annex ISMTA Breeding

Research

Training

- SMTA: Standard Material Transfer Agreement.

- Includes ex-situ collections from the research centers of the CGIAR

✓ Under management and control of

states

✓ Public Domain

Page 10: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Standard Material Transfer Agreement (SMTA)

INTERNATIONAL TREATY

✓ Use and conservation for research,

breeding and training for food and

agriculture.

✓ No chemical, pharmaceutical application

✓ Free of charge✓ Passport data available

✓ No intellectual property rights

✓ Plant breeding resources under

development available at the discretion

of the breeder.✓ Emergency situations due to

catastrophes

✓ Benefit sharing mechanisms

Page 11: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

SMTA

+

Additional Terms and

Conditions

Material under Development

✓ Use and conservation for

research, breeding and training

for food and agriculture.

✓ Acknowledgement to the

breeder and origin of thematerial

✓ No transfer to third parties

✓ Passport data available

✓ No intellectual property rights

Article 12.3 letter e) from

International Treaty

Access to plant genetic

resources for food and agriculture under

development, including

material being developed by

farmers, shall be at the

discretion of its developer, during the period of its

development

Page 12: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Nagoya Protocol

Page 13: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Nagoya Protocol

✓ Adopted on 29 October 2010 in Nagoya at CBD COP 10

✓ Entered into force on 12 October 2014, 90 days after the date of deposit of

the fiftieth instrument of ratification

✓ On access to genetic resources and fair and equitable participation in the

benefits arising from their Use.

Genetic Resources

DerivativesAsociatedTraditionalKnowledge

Page 14: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Article 15:

✓ Prior Informed Consent (PIC)

✓ Mutually Agreed Terms (MAT)

Legal Certainty toproviders and users

Access Permit, Access Contract

Internationally Recognized Certificate of Compliance

Current or imminent emergency

situations that may be a threat to

human, plant and animal health

Page 15: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

International Treaty

68 Crops

Multilateral System

Research, breeding and training

SMTA

Nagoya Protocol

All genetic resources, its derivatives, and

associated traditional knowledge

Bilateral System

Research, bioprospection,

commercialization

Access Contract

Main Differences

Convention on

Biological

Diversity

Page 16: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

Créditos fotográficos:

Todas las fotografías incluidas en la presentación son de

propiedad del Centro Internacional de la Papa (CIP ), y su uso se

encuentra autorizado bajo licencias Creative Commons.

Agradecimientos especiales a lNIA - Dirección General de

Innovación Agraria, Programa de Mejoramiento de Papa del INIA,

Oficina Legal del INIAP, CGIAR, Los Donantes del Fondo del

CGIAR http://www.cgiar.org/about-us/our-funders/, Programa de

Raíces y Tubérculos y Bananas del CGIAR, el TratadoInternacional sobre los Recursos Fitogenéticos para la

Alimentación y la Agricultura y la Secretaria de la UPOV.

Page 17: International Treaty on Plant Genetic Resources for Food ... · The International Potato Center (known by its Spanish acronym CIP) is a research-for-development organization with

The International Potato Center (known by its Spanish acronym CIP) is

a research-for-development organization with a focus on potato, sweetpotato,

and Andean roots and tubers. CIP is dedicated to delivering sustainable

science-based solutions to the pressing world issues of hunger, poverty,

gender equity, climate change and the preservation of our Earth’s fragile

biodiversity and natural resources.

www.cipotato.org

CIP is a member of CGIAR

CGIAR is a global agriculture research partnership for a food secure future. Its

science is carried out by the 15 research centers who are members of the

CGIAR Consortium in collaboration with hundreds of partner organizations.

www.cgiar.org