-Report of the Genetic Resources Policy Committee

Transcription

1 bbd Consutative Group on internationa Agricutura Research - CGIAR Internationa Centers Week 19% October 30 - November 3 Washington D.C. Renewa of the CGIAR: The Fina Miestone 7 -Report of the Genetic Resources Poicy Committee Attached is the report of the Genetic Resources Poicy Committee entited Goba Deveopments in Genetic Resources and their impications for the CGL4R. This report is transmitted for information and shoud be considered as background materia to Agenda Item 4(a), sub-item Genetic Resources. CGIAR Secretariat Maiing Address: 1818 H Street, N.W:, Wa&irgton, D.C , U.S.A. Dffica Location: th Street, N.W.1 Te: (-202) Cabe Address: INBAFFIAD Fax: ( E-mai: CGAR@cgnet.com or CGAR@w&bank.org

2 Goba Deveopments in Genetic Resources and their impications for the CGIAR A report by the CGIAR Genetic Resources Poicy Committee to ICW 95 Introduction and Overview The CGIAR Genetic Resources Poicy Committee met in Washington, D.C. on 22 and 23 October Attending the meeting were M.S. Swaminathan (Chair), B. Bengtsson, J. Benz, R. Bet-tram, A. E Betagy, G. Hawtin and M. Zimmerman. G. Rothschid was unabe to attend. Aso attending as resource peope were, F. Begemann, B. Greengrass (representing UPOV) and G. Persey. Recognizing the rapidy evoving goba poicy environment for genetic resources, MTM 95 in Nairobi requested the CGIAR Genetic Resources Poicy Committee to provide an overview of the current status of discussions in the various fora concerned and to bring to the attention of the CGIAR any reevant issues and concerns. This report responds to that request. The Committee aso discussed the statement that the Chairman of the CGIAR wi make at the second meeting of the Parties to the Convention on Bioogica Diversity, to be hed in Indonesia in November The Committee s suggestions regarding the content of the statement are given in Annex 1. Internationa negotiations reated to genetic resources are taking pace in four main fora: The Conference of the Contracting Parties (COP) to the Convention on Bioogica Diversity (CBD), the FAO Commission on Pant Genetic Resources (CPGR) and reated discussions within the context of the FAO IVth Internationa Technica Conference on Pant Genetic Resources, the Word Trade Organization (WTO), and in particuar the forum on Trade Reated Inteectua Property (TRIPS), and discussions within the Union for the Protection of New Varieties of Pants (UPOV). 5. Negotiations in a fora wi affect the goba poicy environment for genetic resources in different but cosey inter-reated ways, and governments around the word are responding by deveoping and enacting new egisation in ight of the changing circumstances.

3 6. The CBD is a egay binding internationa treaty. It recognizes biodiversity, incuding genetic resources for food and agricuture (GRFA), as a nationa resource which it is the responsibiity of nations to conserve. It aso recognizes the sovereign rights of nations to contro the terms and conditions for access to biodiversity by others on mutuay agreed terms, and requires the equitabe sharing of benefits arising from its expoitation. 7. As the CBD is a broad framework agreement, it does not address in detai the particuar situation of genetic resources for food and agricuture which, many argue, require additiona attention. In adopting the fina text of the CBD, the negotiating parties caed on FAO to resove the outstanding issues of how to give due recognition to Farmers Rights and the status of ex situ germpasm coections assembed prior to the coming into force of the CBD. They requested that FAO report back to the Conference of the Parties to the Convention (COP). 8. Prior to the CBD, the main internationa agreement covering genetic resources was the Internationa Undertaking on Pant Genetic Resources (IUPGR) approved by the FAO Commission on Pant Genetic Resources. Athough it addresses the particuar situation of GRFA, unike the CBD this is a vountary and not a egay-binding agreement. With the entry into force of the CBD, the IUPGR needs to be revised to ensure compatibiity between the two agreements. The IUPGR is being renegotiated within the FAO Commission to take into account such issues as: 0 terms of access to pant genetic resources the situation regarding ex situ coections the equitabe sharing of benefits arising from the commercia expoitation of pant genetic resources giving tangibe recognition to Farmers Rights 9. In addition to the work of the Commission, FAO has aso embarked on an ambitious exercise to assess the status of pant genetic resources wordwide, and to deveop a goba pan of action. Such a goba pan wi inevitaby be greaty infuenced by current and future internationa agreements governing conservation and access. Such agreements serve to underpin institutiona reationships as we as nationa and internationa strategies for conservation and use. The exercise, known as the Internationa Conference and Programme on Pant Genetic Resources (ICPPGR) wi cuminate in the IVth FAO Internationa Technica Conference in Leipzig, Germany in June Recent years have seen the increasing appication of inteectua property (IP) protection to genetic resources in industriaized countries. Whie aiming to promote research and deveopment especiay by the commercia sector, this is aso resuting in a shift in overa attitudes toward terms of access to germpasm. These shifts are ceary refected in the artices of the CBD. From the argey open system operated in the past, greater restrictions are now being put on access. The agreement reached by the Genera Agreement on Tariffs and Trade (GATT) on Trade-Reated Inteectua Property (TRIPS), whie eaving it optiona for countries to recognize 2

4 patents on pants and animas, requires a signatory countries to adopt egisation for the protection of pant varieties. Such egisation can be specificay designed for the purpose (sui generis), but the effectiveness of such egisation wi be reviewed in 1999, four years after the entry into force of the agreements reached during the Uruguay Round of Mutiatera Trade Negotiations, and the estabishment of the coordinating body for the goba trading system, the Word Trade Organization ww. 11. At the internationa eve pant variety protection is governed by the Union for the Protection of New Varieties of Pants (UPOV). Deveopments with respect to IP protection, both within WTO and UPOV, wi ceary impact on goba mechanisms for the conservation and sustainabe use of genetic resources. 12. The issues for discussion and negotiation in a these fora are inter-reated. Agreements reached in one wi significanty affect on-going negotiations in the others. The CGIAR centers, wi inevitaby be affected by them a. Of growing concern is the ack of adequate coordination among the fora. This stems in part from the fact that countries are often represented in the various fora by different Ministries, for exampe Ministries of Environment in reation to the CBD, Ministries of Agricuture in reation to the IUPGR and Ministries of Trade and Commerce in reation to WTO. Likewise nationa representation within the CGIAR is often the responsibiity of Ministries of Foreign Affairs, Deveopment Assistance or Science and Technoogy. 13. Recognizing this situation the Swedish government, in particuar, is activey seeking ways to achieve harmony among the negotiations and to deveop a common vision for a future genetic resources system that promotes their conservation, faciitates access by those who seek to use them, and ensures that a parties invoved share fairy and equitaby in the benefits arising from them. Such a system, that is ikey to combine both mutiatera and biatera eements, is now under active consideration in various fora. The CGIAR is invoved in many of the discussions and is contributing to the very compex set of issues from its technica expertise, its roe as custodian of in-trust germpasm coections, and its strong inks to NARS and breeding programmes. The Convention on Bioogica Diversity 14. The CBD entered into force on 29 December It has been signed to date by 185 countries and ratified by 129 of them. 15. The First Conference of the Parties to the CBD (referred to as COP) was hed in the Bahamas in December A three-year work programme was adopted which incuded the foowing topics of direct concern to the CGIAR: deveopment of the Cearing House Mechanism identification of components of biodiversity under threat coasta and marine ecosystems 0 access to genetic resources 3

5 a transfer of technoogy biotechnoogy, incuding biosafety reationship with the FAO Goba System and the ICPPGR conservation and sustainabe use of agrobiodiversity terrestria biodiversity, especiay forestry indigenous knowedge and practices inkages between in situ and ex situ conservation the fair and equitabe sharing benefits technica and scientific cooperation 16. The technica advisory body of the CBD, known as the Subsidiary Body on Scientific, Technica and Technoogica Advice (SBSTA), met in September 1995 in Paris and agreed on its modus operandi. It wi make extensive use of iaison groups and ad hoc technica panes of experts. It is expected that there wi be many opportunities for the CGIAR centres to be invoved, and in fact severa have aready contributed directy to the work of SBSTA. In genera SBSTTA wi address topics to be considered at the next fu COP meeting. 17. The CGIAR was represented at COP1 (when a statement was made during the Ministeria session, various dispays were presented and pubications distributed), at a specia technica consutation on biosafety, and at the SBSTA meeting in Paris. Pans are underway for further pubic awareness activities at COP2, and Mr. Seragedin wi make a statement to the penary on behaf of the CGIAR. 18. There are many other opportunities for the CGIAR to contribute to the work of the COP. The CGIAR System-wide Information Network on Genetic Resources (SINGER) is expected to pay an important roe within the Cearing House Mechanism of the CBD. The centres wi continue to make their scientific and technica expertise avaiabe to the COP and SBSTA, and wi continue to work cosey with nationa programmes to assist them in impementing the CBD at the nationa eve. FAO Commission on Pant Genetic Resources (CPGR) 19. The 1983 FAO Conference estabished the CPGR as a permanent intergovernmenta forum on pant genetic resources, and adopted the Internationa Undertaking on Pant Genetic Resources (IUPGR) as a vountary framework to guide action in this fied. Currenty 95 countries are members of the CPGR and adhere to the IUPGR, a further 34 countries are members of the CPGR ony, and 14 have agreed to adhere to the IUPGR but are not members of the Commission. 20. The CPGR coordinates and monitors the Goba System for the Conservation and Utiization of Pant Genetic Resources. Eements of the Goba System incude the Internationa Network of Ex Situ Coections (which now incudes the CGIAR in-trust coections), the Code of Conduct for Pant Germpasm Coecting and Transfer, and agreed standards for ex situ seed genebanks. 4

6 21. The 6th session of the CPGR was hed in Rome in June Major items on the agenda incuded the revision of the IUPGR in the context of the CBD having entered into force, and preparations for the FAO IVth Internationa Technica Conference. IPGRI represented the CGIAR, and presented a report on the impementation of the agreements between the centres and FAO as we as a progress report, jointy with other centres, on the work of the CGIAR in conserving and using pant genetic resources. 22. Negotiations to harmonize artices 3(Scope), 11 (Access) and 12(Farmers Rights) of the IUPGR with the CBD were not concuded at the June CPGR meeting and wi continue at two sessions panned for 1996, one in Apri and a second in the atter haf of the year. The revision of the IUPGR is of critica importance to the CGIAR since it covers issues such as access to ex situ germpasm coections, incuding those acquired prior to the coming into force of the CBD. 23. At the invitation of the CPGR, IPGRI presented a paper entited Approaches to Faciitating Access to Pant Genetic Resources and Promoting the Equitabe Sharing of Benefits Arising from their Commercia Expoitation within the Context of the CGIAR. A copy of the text of the presentation is given in Annex 2. Foowing a discussion of the paper, the CPGR concuded that such a system coud be negotiated within the undertaking and has therefore recommended that IPGRI prepare an in-depth study, for consideration of the next session of the CPGR of the various possibe systems anayzed in terms of their practicaity efficiency and cost effectiveness and that these be compatibe with the CBD. 24. IPGRI has now initiated the study requested by the CPGR with support from the Government of Sweden. Three consutants have been engaged, and a very extensive process of consutation and research is underway. The report is due to be finaized in January 1996 for submission to the Secretariat of the CPGR. It is anticipated that the study wi make a significant contribution to the ongoing debate. 25. The agreements between 12 CGIAR Centers and FAO, signed at ICW94, were we received by the CPGR. The designated germpasm accessions now form the backbone of the FAO Internationa Network of Ex Situ Coections. In recognition of the Centers trusteeship roe, the CGIAR System-wide Genetic Resources Programme (SGRP), in cose coaboration with FAO, has commissioned an externa review of its genebank operations and management. The findings and recommendations of the review wi be discussed by the Inter-Centre Working Group on Genetic Resources (ICWG-GR) at its next meeting to be hed in January 1996 at CIP. 26. The CGIAR centres have been working with FAO over the past year to deveop a mechanism for distributing germpasm that has been designated under the CGIAR- FAO agreements. The mechanism must adhere to the terms of the agreements (and in particuar ensure that no IP is taken out on the materia distributed) and be administrativey simpe so as not to discourage distribution or incur undue costs. The agreed mechanism invoves a standard order form to be signed by the recipient, the distribution of an expanatory notice, and a shipment note to be sent with the germpasm outining the terms under which the materias have been suppied. 5

7 Copies of these documents are given in Annex 3. The proposed mechanism was endorsed by the CPGR as an interim soution pending outcome of the renegotiation of the IUPGR, and a centres with the exception of CIMMYT have approved the mechanism for use in future shipments of designated germpasm. 27. The approved mechanism for distributing germpasm ony covers materia designated under the agreements with FAO. The arge majority.of such materia was obtained by the centres prior to the entry into force of the CBD. Materia obtained after this date can ony be designated with the written authorization of the competent nationa authority of the country providing the materia. Specia arrangements to cover such materia are currenty being deveoped through discussion among the centres and with FAO. However a poicy vacuum exists in reation to materias obtained after the coming into force of the CBD and which the providing country does not wish to have designated under the agreements between the centers and FAO. Unti there is internationa agreement on how such materias are to be handed, the centers are taking a very cautious approach to further acquisition. 28. Aso under discussion is the deveopment of mechanisms for distributing centreimproved germpasm. Such mechanisms, whether Materia Transfer Agreements or other arrangements, must take into account the provisions of the CBD regarding mutua agreement on terms of access and benefit sharing. Center poicies on the distribution of improved materias may need to be reviewed in the context of an evoving poicy framework at the inter-governmenta eve. 29. Other issues which aso need to be addressed incude the handing of materias derived from the distributed germpasm and the appication of IP. Any mechanisms put in pace by the centres to address these issues are ikey to be subject to subsequent changes as the internationa situation evoves. 30. Other outcomes of the 6th Session of the CPGR in June of reevance to the CGIAR incuded: The CGIAR System-wide Genetic Resources Programme wi work cosey with FAO to deveop guideines for in vitro genebanks, fied genebanks and regeneration. These wi be companion guideines to those endorsed by the CPGR for seed genebanks. Expert meetings to begin the deveopment of the guideines wi be hed at ICRISAT in December 1995 and at CIAT in January It is panned to have them ready for submission to the CPGR in It was agreed to estabish an FAO Network of In Situ Conservation Areas for Pant Genetic Resources for Food and Agricuture. Technica criteria wi be discussed in the 1997 FAO Technica Consutation on Protected Areas. The FAO Code of Conduct for Pant Germpasm Coecting and Transfer wi be reviewed in ight of the CBD and once any fina agreements are reached in the renegotiation of the IUPGR. 6

8 The further deveopment of the FAO Code of Conduct for Biotechnoogy wi await the outcome of the renegotiation of the IUPGR, in view of the interinkage between genetic resources as the raw materia for biotechnoogy, terms of access to biotechnoogy and genetic resources, the sharing of benefits, and the appication of IP to Organisms with Nove Traits (ONTs). The IUPGR ony covers pant genetic resources for food and agricuture. A decision is expected to be made at the current FAO Conference to expand the scope of the Commission to incude animas. Future sessions of the Commission wi address the need for specia agreements for anima genetic resources. IVth FAO Internationa Technica Conference 31. Preparations are we underway for the Fourth FAO Internationa Technica Conference on the Conservation and Utiization of Pant Genetic Resources, due to be hed in Leipzig, Germany in June Representation at the Conference is expected to be at a high governmenta eve. Preparations for the Conference incude the deveopment, through a participatory country-driven process, of a report on the State of the Word s Pant Genetic Resources and a first costed Goba Pan of Action for the conservation and sustainabe utiization of pant genetic resources for food and agricuture. The aim is for the two documents to be adopted by the Conference. 32. The Conference is expected to contribute to a better goba understanding of the probems and constraints of conserving and using pant genetic resources. Priorities wi be articuated and the structure, roe and strategy of the Goba System wi be further eaborated. Critica poicy issues wi aso be addressed in the preparatory process and during the Conference itsef. The Conference wi hopefuy ead to a greater commitment of countries to support the agreed action pan. 33. The CGIAR centres, and in particuar IPGRI, are heaviy invoved in supporting the Conference Secretariat in the preparation of country reports and sub-regiona syntheses, and in the organization of sub-regiona and regiona meetings. They are aso contributing to eectronic conferences on technica subjects and are providing information and ideas for the reports. 34. The Conference wi discuss the further deveopment of the Goba System and wi incude areas such as in situ as we as ex situ conservation, sustainabe use, the equitabe sharing of benefits, terms of access, Farmers Rights, institutiona roes and responsibiities, governance, and funding. Biatera as we as mutiatera arrangements on access to germpasm wi be discussed. The outcome of the Conference wi have profound impications for the CGIAR and it is imperative that the System continue to fuy participate in the discussions and panning. The feasibiity study on options, referred to above, shoud provide one such potentiay significant contribution of the CGIAR to the Conference. 7

9 Inteectua Property Protection 35. The Internationa Union for the Protection of New Varieties of Pants (UPOV) provides an internationa ega framework for the mutua recognition of Pant Breeders Rights among member states. The UPOV Convention requires member states to adopt the standard criteria of distinctness, uniformity, stabiity and novety for the grant of protection. The 1978 Act of the Convention requires that protected varieties be freey avaiabe for breeding purposes. In states that adopt the minimum scope of protection, farmers may save (but not se) seed of protected varieties. A new act of the Convention was adopted in ight of experience in operating the 1978 Act and technoogica progress. The 1991 Act increases the minimum period of protection, increases the minimum scope of protection to give the breeder a right covering a production, but eaves states free to decide the form of farmers priviege appropriate for their nationa conditions. It aso creates the new principe of essentia derivation. An essentiay derived variety (e.g. a variety resuting from the addition of a singe gene to a protected variety) can be protected, but cannot be expoited without the permission of the breeder of the existing variety. The 1991 Act is not yet in force. UPOV currenty has 29 member states, incuding Argentina and Uruguay, whie Bearus, Chie, Coombia, Paraguay and the Russian Federation have requested membership. 36. After ratification by a major trading nations, the Agreement Estabishing the Word Trade Organization (VVTO) and the Mutiatera Trade Agreements annexed to it (which embody the resuts of the Uruguay Round of trade negotiations) entered into force on 1 January The WTO takes over GATT s function as a watchdog for the goba trading system, abeit with added responsibiities. 37. One of the Mutiatera Trade Agreements is the Agreement on Trade Reated Aspects of Inteectua Property Rights (TRIPS), artice 27 of which stipuates that patents sha be avaiabe in a fieds of technoogy. However a few excusions are permitted, and an important but imited excusion is permitted by sub-paragraph 3(b): Members may aso excude from patentabiity: Pants and animas other than microorganisms, and essentiay bioogica processes for the production of pant or animas other than non-bioogica and microbioogica processes. However, Members sha provide for the protection of pant varieties either by patents or by an effective sui generis system or by a combination thereof. The provisions of this sub-paragraph sha be reviewed four years after the entry into force of the Agreement Estabishing the [Mutiatera Trade Organization]. 38. This provision does not specificay require countries to join UPOV or to introduce variety protection that woud meet UPOV rues. However, most countries, deveoping and deveoped, have started to deveop pant variety egisation in ine with UPOV, and many have aready begun to negotiate to accede to UPOV. They can do so either in its 1978 version (which wi be cosed for signature when the 1991 Act

10 comes into force, probaby in 1996) or the 1991 version. Other countries are ooking at the possibiity of deveoping different sui generis systems, which may or may not be compatibe with UPOV rues, but which take into account additiona factors such as Farmers Rights and indigenous knowedge. Whether VVTO wi regard such systems as effective remains to be seen. 39. Whie it is generay accepted that accessions hed in center genebanks as in-trust materia are outside the scope of patent egisation, this does not precude attempts to fie for protection of such materia, and such caims coud initiay succeed, especiay in countries which grant protection through a simpe registration system, i.e. without prior examination. However, such situations can be remedied through court action - under the TRIPS Code countries are required to provide judicia process and enforcement procedures. 40. The ega situation is different, however, in respect to derived materia - genes, gene constructs, traits and formay bred varieties. Interpretations of what is patentabe differ. The broad definition of patentabe subject-matter of the TRIPS Code ( patents sha be avaiabe for any inventions ) and the imited exemptions aowed thereunder, may encourage tendencies observed in some countries to grant broad patents on genetic materia. At the same time, it has been argued that the recent review and suspension by the US Patent and Trademark Office of a very broad patent earier granted on cotton (covering a geneticay engineered cotton, whatever the genes, traits and methods used), and the recent negative vote by the European Pariament on a biotechnoogy directive proposed by the EU Commission, may indicate a growing awareness among administrators and poicy makers of the socia and economic impications of an overy ibera patent poicy. 41. Prior to the estabishment of the CGIAR Genetic Resources Poicy Committee in 1994, the Centre Directors Sub-Committee on IP, the ICWG-GR, the CGIAR Task Force on Biotechnoogy (BIOTASK) and the Swaminathan Committee on Inteectua Property, were the bodies concerned with the deveopment of system-wide poicy approaches to inteectua poicy protection. Recognizing the responsibiity of the centre Boards of Trustees to set poicies for individua centres, attempts to coordinate poicy action on IP at the system eve have so far concentrated on drawing up guiding principes to which a centres coud subscribe, and which aim to provide the basis for poicy setting at the centres eve. At Internationa Centres Week, October 1994, the CGIAR endorsed the report of the Swaminathan Committee, which set out poicy guidance to the CGIAR centres on inteectua property issues. 42. In 1993, the ICWG-GR drew up a set of guiding principes on inteectua property protection reating to the in-trust coections maintained by the Centres. The guideines are fuy consistent with the agreements subsequenty signed with FAO bringing the in-trust materias within the FAO Network of Ex Situ Germpasm Coections. Severa centres have used these guiding principes in deveoping their own centre-specific poicies. 9

11 43. The Centre Directors Sub-Committee on IP is currenty deveoping further guiding principes for inteectua property protection of enhanced germpasm and products of biotechnoogy. Broad consutations have aready been hed in the process and more are panned. It is intended that these guiding principes be considered at the next meeting of CGIAR GR Poicy Committee and subsequenty by the CGIAR as a whoe, either at MTM 96 or ICW96. Farmers Rights 44. Artice 15 of the CBD as we as FAO s Goba System on Pant Genetic Resources emphasize the need for equity in sharing the benefits fowing from the utiization of genetic diversity. Legisation now being drafted in severa countries, such as India, provides for according recognition to the conservation work of farmers and may ead to the creation of nationa community gene funds for this purpose. The European Union egisation (EEC No. 2078/92) in reation to in situ conservation aso incudes a reguation for supporting the work of farmers in the conservation of natura resources. Major Concusions and Recommendations 45. Given the recent, and on-going changes in genetic resources poicy at the goba eve, refected aso in rapidy changing nationa poicy regimes, any poicies deveoped at the CGIAR or individua Centre eve wi have to be kept under reguar review. The Committee pans to continue to monitor deveopments at a eves, and wi periodicay update the CGIAR and recommend appropriate action. 46. Whie recognizing the evoving situation, there is a need for the CGIAR to expeditiousy deveop its guiding principes on IP, to be used as a basis for poicy deveopment by the individua Centres and for setting up appropriate materia transfer arrangements for different casses of germpasm. In this respect the Committee notes the efforts of the CD Sub-Committee on IP and requests that a report on its work be presented to the next meeting of the Committee. 47. The Committee notes the decision of CIMMYT not to foow the materia transfer agreement for designated germpasm that has been adopted by the other IARCs. The Committee was informed that this matter is under review 48. Negotiations and discussions on goba poicies affecting genetic resources are taking pace in severa different fora. The outcome of these negotiations wi have a very significant effect on the centres. The CGIAR has an opportunity to contribute to the process on the basis of its technica expertise. The Committee commends the study commissioned by IPGRI to ook at the technica and financia impications of various options for estabishing a mutiatera system for PGR. The Committee notes that any such mutiatera system must compement biatera arrangements as foreseen under the CBD. A mutiatera system is ikey to be particuary vauabe in areas such as those reating to sustainabe food security, the impementation of Farmers Rights and the transfer of information and technoogy. The estabishment of 10

12 an effective mutiatera system wi depend on a common denominator of enightened sef interest among the participating nations. The Committee wi review the resuts of the study at its next meeting. 49. The Committee commends the initiatives of Sweden to promote greater consistency in the negotiating position taken by individua countries in the different fora and hopes that other CGIAR members wi become activey invoved in such efforts. 50. Recognition of the contributions of farmers and indigenous communities to genetic resources conservation and enhancement is an idea whose time has come (eg. Artice 15 of CBD). In order to convert the concept into reaity, it wi be necessary to gather and provide information on the origins of economicay important genes and traits. The CGIAR centres coud assist interested NARS to deveop appropriate poicies and procedures for the recognition of Farmers Rights. 51. The Committee notes that the concept of Farmers Rights is but one component of a compex web of ethica concerns reating to the conservation and use of genetic resources. Many nationa and internationa NGOs have expertise in such areas as equity, gender, sustainabiity and biotechnoogy, and their expertise shoud be tapped through appropriate partnerships in order to integrate ethica concerns in research on genetic resources conservation and use. The first meeting of the GR Poicy Committee recommended that a workshop be convened to expore further these ethica dimensions. Whie it has not been possibe to convene such a meeting to date, it is panned to further pursue this idea over the coming months. 52. There is growing recognition of the pivota roe women pay both in genetic conservation and seed seection, and the Committee commends the recent initiatives of the centres in this respect (e.g. the SGRP brochure on the roe of women in managing genetic resources and the paper on Women and Biodiversity by IPGRI for the recent IVth Internationa Conference for Women in Beijing). There is scope for the IARCs to promote, in cooperation with NARS and appropriate NGOs, symbiotic socia contracts between private and pubic sector seed industry and rura women, in order to enhance their income and iveihood security. The Committee recommends that the gender dimension becomes an integra part of the CGIAR s research agenda reating to the conservation and sustainabe utiization of genetic resources. 53. The Committee notes that the CGIAR centres working in the area of recombinant DNA technoogy adhere to the reguations in force in the countries where they are ocated or where they work in partnership with NARS in the fied testing of transgenic materia. The Committee suggests that the centres be proactive in providing assistance to NARS, when requested, in the deveopment of a reguatory framework for the safe use of biotechnoogy. 54. The next two-three years wi see many significant deveopments in the poicy arena reated to genetic resources. It is important that members of the CGIAR and the centres themseves are fuy briefed about deveopments in the CBD, IUPGR, the FAO Goba System on PGR, the IVth internationa Technica Conference, UPOV, the TRIPS provisions of the Word Trade Agreement, etc. Information on methods 11

13 for impementing Farmers Rights wi aso need to be disseminated. Poicy deveopment within the CGIAR and the estabishment of mechanisms to impement new poicies need to be supported and coordinated. The CGIAR s interests and perspectives on key poicy issues need to be brought to the attention of the various poicy-making bodies. For a these reasons, the Committee strongy recommends that the CGIAR strengthen its capacity to undertake such anaytica, information, coordination and representationa functions through the estabishment of a genetic resources poicy unit at IPGRI. The Committee considers that a fu-time professiona staff member, supported by consutants as and when needed, wi be required. 55. Dr. G. Rothschid has expressed his inabiity to continue to serve on the Committee due to heavy time commitments. The Committee recommends that a suitabe repacement be nominated and in this respect notes the Committee s current gender imbaance. In addition the Committee woud wecome the strengthening of its expertise on the particuar poicy concerns of Africa. 56. In addition to its reguar members, the Committee pans to give a standing invitation to appropriate representatives of FAO, the CBD Secretariat, UPOV and VVTO, as we as the Chair of the CDC Sub-committee in IPR, to attend its future meetings. 57. The Committee decided to hod its next meeting just prior to the FAO CPGR meeting in Apri At that time, the Committee wi review the concusions of COP2 and the agenda for CPGR. UPOV wi hod a one day meeting prior to the CPGR meeting to carify issues reating to the UPOV 1991 Convention. The Committee pans to participate; this wi provide an opportunity to discuss with UPOV ways of integrating equity considerations into nationa Pant Variety Protection Acts. 12

14 Annex 1 Eements for a Statement to the Second meeting of the Conference of the Parties to the Convention on Bioogica Diversity, Indonesia, November 1995 CGIAR and the Conservation and Sustainabe Management of Genetic Resources 1. The goba systems reating to the conservation and sustainabe management of genetic resources are in a state of transition. The Convention on Bioogica Diversity (CBD), now ratified by 129 of the 185 countries that have signed it, recognizes genetic resources, whether fora, fauna or microorganisms, as the sovereign property of the peope of the nation in whose borders such diversity exists. The Word Trade Agreement, which came into force in January this year, makes it obigatory for a member countries to provide protection for pant varieties, whether through patents or a sui generis system. These deveopments in turn have ed FAO to reexamine its Goba System for the Conservation and Utiization of Pant Genetic Resources for Food and Agricuture. FAO is aso considering the expansion of the mandate of the Commission on PGR to incude a genetic resources for food and agricuture. 2. These radica and rapid transitions in goba systems of conservation and management of genetic resources have created a poicy vacuum in severa areas and these wi be addressed at the November meeting of the Parties to the CBD, the Apri 1996 meeting of the Commission on PGR, the Fourth Internationa Technica Conference on PGR to be hed in Leipzig, Germany in June 1996, and the Word Food Summit due to be hed in Rome in November The CGIAR, through the IARCs, maintains the word s argest internationa ex situ coection of agrobiodiversity. The materia in the coections have great vaue-added in that they are not ony conserved carefuy, but have aso been we evauated and documented. Foowing agreements signed between 12 of the IARCs and FAO. the neary haf miion designated germpasm accessions maintained by the CGIAR centres now form the backbone of the FAO Internationa Network of Ex Situ Coections. Aso these coections represent humankind s most precious asset for research directed towards internationa pubic good and for providing sustainabe food security. 4. In keeping with this important responsibiity, CGIAR has strengthened its activities in genetic resources through the estabishment of a System-wide Program, and is deveoping a System-wide Information Network on Genetic Resources (SINGER). CGIAR, through IPGRI, is paying an important roe in heping FAO prepare the State of the Word s Pant Genetic Resources and a Goba Pan of Action for the Conservation and Sustainabe Utiization of Pant Genetic Resources for Food and Agricuture. CGIAR centres wi work with FAO in deveoping and promoting nationa 13

15 agrobiodiversity conservation strategies in every country. CGIAR wi aso assist in promoting regiona and internationa cooperation in inking agrobiodiversity with food security by fostering the growth of regiona and goba coaitions and partnerships committed to the cause of ending food insecurity at a eves, ranging from individuas to nations. 5. Athough, because of their non governmenta status, IARCs are not signatories to the CBD, they wi strive to promote the reaization of the provisions of Artice 15 of the CBD reating to the fair and equitabe sharing of the benefits arising from their research and the commercia and other utiization of genetic resources. The agreements signed between the CGIAR Centers and FAO have reiterated that IARCs sha not caim ega ownership over the designated germpasm, nor sha they seek any IPR over that germpasm or reated information. In addition the CGIAR is further deveoping its guiding principes on Inteectua Property Protection reated to the distribution and use of enhanced germpasm and biotechnoogica products. These guiding principes are designed to ensure that benefits of breeding and biotechnoogica research accrue to ow income farm famiies working under diverse agro-ecoogica conditions. 6. In keeping with the Patform for Action, adopted at the Fourth Word Conference for Women, hed in Beijing in September 1995, the integration of the gender dimension in every aspect of the CGIAR s genetic resources research and utiization wi be further strengthened. 7. One of the most chaenging tasks facing the goba community is the standardization of transparent and impementabe methods for integrating ethics, equity and gender concerns in genetic resources conservation and utiization. The IARCs distribute each year more than 120,000 sampes from the in-trust germpasm coections and over 500,000 sampes of geneticay enhanced materia resuting from their breeding efforts. A materia transfer system is therefore being deveoped to ensure that the fruits of such extensive research remain in the ream of pubic good and confer benefits to resource-poor farm famiies. The future of goba food security wi depend very much on the success of such efforts 8.. Over the ast 18 months, the CGIAR has been invoved in an extensive programme of review and reform in response to goba concerns. These incude the chaenges and opportunities posed by the Convention on Bioogica Diversity and Agenda 21 of UNCED, the Cairo Pan of Action reating to popuation and Deveopment, the Copenhagen Decaration on Poverty Indicators and Empoyment Generation, and the Patform of Action of the Beijing Conference for Women. 9. In February 1995, a ministeria-eve meeting of the Consutative Group on Internationa Agricutura Research was hed in Lucerne, Switzerand to discuss reform in the group s structure, financing and research orientation. At the meeting, the United Nations Environment Programme joined the Food and Agricuture Organisation, the United Nations Deveopment Programme and the Word Bank to enarge the group of co-sponsors of the CGIAR. Four new member countries -- C&e d voire, Egypt, Iran and Kenya aso joined the group, thus taking the tota membership to

16 10. The meeting adopted the Lucerne Decaration and Action Program. This cas for the CGIAR to concentrate on increasing productivity, protecting the environment, saving biodiversity, improving poicies, and contributing to strengthening agricutura research in deveoping countries. The Decaration further urges the CGIAR to compete its transition from a donor/cient approach to an equa partnership of a participants from South and North within the CGIAR system. To support this transition, the CGIAR has convened committees of NGOs and of the private sector as a means to improve diaogue among the CGIAR, industry and members of civi society. II. The CGIAR stands ready to assist the Conference of the Parties and the various bodies of the Convention. For exampe, the CGIAR is wiing to participate in the further deveopment of the Cearing-House Mechanism for scientific and technica cooperation through its System-wide Information Network on Genetic Resources (SINGER). The Centres wi aso continue to make avaiabe their scientific and technica expertise in the area of genetic resources to the Subsidiary Body on Scientific, Technica and Technoogica Advice (SBSTTA) with a view to faciitating the impementation of the Convention on Bioogica Diversity. 12. It shoud be emphasized that there is no room to reax on the food front. Whie in the short-term, goba food production is expected to keep pace with the growth in popuation and effective demand, ong-term projections are in many cases aarming. Soi degradation, poution and unsustainabe use of water, oss of forests and biodiversity, and the possibiities of adverse changes in cimate and sea eve a underine the fact that the continuing damage to the ecoogica foundations essentia for sustainabe advances in agricuture wi imit our capacity to face exisiting and emerging chaenges on the food front. CGIAR s research for the pubic good is thus even more reevant today than it was when it was founded 25 years ago. 15

17 Annex 2 STATEMENT TO THE SIXTH SESSION OF THE COMMISSION ON PLANT GENETIC RESOURCES, BY MR G. HAWTIN, DIRECTOR GENERAL, INTERNATIONAL PLANT GENETIC RESOURCES INSTITUTE (IPGRI), 28 JUNE 1995, ON APPROACHES TO FACILITATING ACCESS TO PLANT GENETIC RESOURCES AND PROMOTING THE EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR COMMERCIAL EXPLOITATION, WITHIN THE CONTEXT OF THE CGIAR 1. During its Sixth Session, the Commission on Pant Genetic Resources invited the Director-Genera of IPGRI to outine the CGIAR s perception of the interinked technica and poicy probems it faced in managing the ex situ coections hed in trust by the Centres, which they had now brought into the Network under the auspices of FAO. The Commission beieved that the information he had given verbay was of vaue for its work, and requested him to prepare for its consideration a note containing this information. The present note responds to that request, and outines some of the ideas under discussion within the Consutative Group on Internationa Agricutura Research (CGIAR) concerning the possibe deveopment of a mutiatera framework for pant genetic resources, its impications for the germpasm coections hed in trust by the Centres of the CGIAR, and its possibe appication to a wider agreement on terms of access. hckg/-ound 2. With the coming into force of the Convention on Bioogica Diversity (CBD), the Centres of the CGIAR have been giving attention to how they might operate in the future in order to meet the terms and conditions of the Convention, particuary with respect to ownership, access on mutuay agreed terms, and the fair and equitabe sharing of benefits arising from the commercia expoitation of pant genetic resources. In the pre-convention period, the Centres coectivey have assembed what is probaby the word s argest ex situ coection of genetic resources of food and fodder crops of importance to deveoping country agricuture. These coections have been assembed with the fu participation and knowedge of the countries, primariy deveoping countries providing the germpasm, that the materias woud be made avaiabe to the word community. In October 1994 the Centres signed agreements with FAO bringing the coections under the auspices of FAO. In these agreements the Centres undertake to make the germpasm and information on it avaiabe to users, and agree not to take out inteectua property protection on the materias and to ensure that recipients of sampes are bound by the same obigation. 3. The agreements ony cover the existing coections - i.e. coections that were assembed prior to the coming into force of the CBD. It is of particuar concern to the Centres and to their partners, particuary the Nationa Agricutura Research Systems (NARS) in deveoping countries, that agreement be reached quicky on future arrangements to ensure continued and easy access to pant germpiasm, at ow transaction cost, under the terms of the CBD. The CGIAR regards pant genetic resources 16

18 to be of fundamenta importance as a resource for deveopment. Whie their conservation is essentia for the future, it is even more important to ensure that they are avaiabe for use today, by farmers, pant breeders and others who woud seek to use them as a basis for sustainabe agricutura deveopment. The genera/ approach 4. In order to promote the continued avaiabiity of PGRFA under the terms of the CBD, it is proposed that a system be deveoped, within a mutiatera framework, which woud both respect the principe of access on mutuay agreed terms, athough these woud be mutiateray agreed, as we as provide mechanisms for the sharing of benefits. Countries woud agree to pace their PGRFA (see para 13) into such a system based on Prior Informed Consent, and access to sampes of these resources woud be unrestricted (unpaid, at point of access, but reguated through a ega mechanism such as a materia transfer agreement) for a other countries which are parties to the system. Such unrestricted access woud be imited to those countries. 5. A PGRFA in the system coud be used, without payment, for research and for notfor-profit purposes. However, in cases where profits are generated through the commercia expoitation of the resources, there woud be an obigation on users of sampes of PGRFA to negotiate a share of the profits with countries of origin for materia coected after the entry into force of the CBD. The definitions of not-for-profit use and commercia use woud need to be agreed (see para 10). 6. For materia obtained prior to the coming into force of the Convention, woud either continue to be distributed on the present basis, or on the condition that any benefits derived from commercia use coud be put into the envisaged internationa fund for the impementation of Farmers Rights. In the atter case, this coud be imited ony to materia where the country of origin is unknown (see para. 13). 7. A participating countries (but with specia emphasis on deveoping countries) woud be eigibe for support from an internationa funding mechanism, in order to promote conservation and utiization of PGRFA, as eaborated in the Goba Pan of Action, once it is adopted. Deveoped country parties to the system woud contribute financiay to the funding mechanism, in addition to making their own PGRFA avaiabe. 8. Countries pacing their materia into the system woud get severa types of benefit: (0 (ii) (iii) (iv) access to technoogies of use in agricutura deveopment, incuding improved materias and biotechnoogies, particuary through the invovement of internationa organizations in the system. access to other countries PGRFA as we as other benefits from the mutiatera system (see para 14), access to funds and other support through the Goba System, and shares of profits derived from particuar sampes of PGRFA, in cases where country of origin is known and the product is commerciaized. 17

19 Some comments and observations 9. Access to PGRFA in the system woud essentiay be unrestricted for research and not-for-profit use. However, it woud be reguated in ine with the provisions in the CBD for Prior Informed Consent (PIC) and access on mutuay agreed terms. This requirement might be impemented through a materia transfer agreement or other appropriate ega mechanisms (e.g. it might be possibe to negotiate umbrea country agreements) to ensure that benefits can be shared on a fair and equitabe basis in cases where research eads to commerciaization. 10. As noted, the definition of not-for-profit use and commercia use need to be agreed. For exampe, not-for-profit use might incude farmer-to-farmer exchanges, and varieties bred by pubic institutions which are made avaiabe without profit. Commercia use might incude a cases where profits are invoved, or might be imited to cases where IPR protection is empoyed. Enforcement in the atter case might be easier. 11. It might be necessary to have a minimum cut off point, in terms of the contribution of materia from a specific accession to a commercia variety, for sharing benefits. It might not be worthwhie, for exampe, negotiating with mutipe countries of origin the sharing of benefits from a reativey unprofitabe new variety with a compex pedigree. In any case, the internationa community wi have to weigh the transaction costs against the possibe benefits. In such cases it might be better for a share of profits to be paid according to a standard formua in ine with internationay agreed guideines, or into the proposed internationa fund. In other cases, for exampe when a singe sampe contributes a characteristic of major significance (such as resistance to an important disease), the share of benefits awarded to a country of origin might exceed that normay granted purey on the basis of the theoretica overa percentage contribution of genes to the genome. 12. Ceary negotiations on the equitabe sharing of benefits are ikey to be very compex and recipients of germpasm are ikey to want to know their potentia iabiity in advance of conducting any expensive research. It wi thus be important to estabish internationay accepted guideines for such negotiations on benefit sharing, that are as simpe as possibe, and reasonabe in terms of the benefits that may resut. In addition, consideration shoud be given to the provision of ega assistance to countries with a imited capacity in this regard. 13. For the particuar case of materias obtained prior to the coming into force of the CBD there are severa options: 0) the materias woud continue to be distributed and used freey, subject ony to the provisions of the agreements with FAO concerning IPRs, i.e. that the hoders of internationa coections woud not take out any IPRs on the germpasm and woud pass this obigation on to any recipients of the materia 18