This document provides an overview of access and benefit sharing as it relates to plant genetic resources and their utilization. It discusses the context including the Convention on Biological Diversity and developments at the international level. Key points covered include the CBD's goals of conservation, sustainable use, and fair sharing of benefits; provisions regarding access to genetic resources and traditional knowledge in the CBD and other agreements; and disclosure requirements being discussed in various international forums like WIPO.
Access and Benefit sharing from Genetic ResourcesKaran Veer Singh
Millions of people depend on biological (genetic) resources and traditional knowledge for their livelihoods. While the concept of an access and benefit sharing (ABS) regime is new, access to biological resources and transfer of associated traditional knowledge is centuries old.
Access and Benefit sharing from Genetic ResourcesKaran Veer Singh
Millions of people depend on biological (genetic) resources and traditional knowledge for their livelihoods. While the concept of an access and benefit sharing (ABS) regime is new, access to biological resources and transfer of associated traditional knowledge is centuries old.
Acess is obtaining and then utilization if genetic resources Benefit sharing is giving a portion of benefit obtained from utilization of genetic resources by users to the providers.
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
'Protection of Plant Varieties & Farmers’ Rights Act under Intellectual Prope...Palvi Mehta
ABSTRACT
Mehta .P.
India is mainly an agricultural country and agriculture sector provides livelihood to 65-70 percent of the total population. Farmer is the breeder, conserver and distributor of not only seeds but also responsible for conservation of vast genetic diversity resources. So there is a need to protect the rights of the farmers and provide reward and recognition to farmers & farmers’ community engaged in conservation and development of vast genetic diversity.
IPR provides protection to rights of original inventor through its different forms viz. patents, trademarks, copyrights, geographical indications and plant variety protection throughout the world. IPR in the context of agriculture could be provided either through a patent or a sui generis system for plant. Under TRIPS agreement, it is obligatory to India to protect new plant variety either through patent or sui generis system or through combination of both. India opted for a sui generis system and enacted the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act) to grant intellectual property rights to plant breeders, researchers and farmers and promoting plant breeding by vesting adequate IP rights protection which will boost further research and innovation in this field.
During the year of 2016–17 the authority received a total of 3569 applications of which 85% were filed by farmers. Apart from the 3041 farmers’ varieties, the public and private institutes submitted 230 applications of extant notified varieties, 221 applications of new varieties and 77 applications of varieties of common knowledge. In 2016–17, a total of 495 certificates of registration were issued. Of these, 288 belonged to farmers, 107 belonged to private organizations and 99 belonged to public organizations. In the last decade, the number of applications received annually has increased from 654 during 2007-08 to 3569 during 2016-17 (Annual Report 2016-2017)
Data on exchange of planting materials, release of notified varieties, seed production, seed replacement rate and public-private partnerships (PPP) are examined to ascertain the early impact of PVP on Indian seed industry. On the basis of evidence it is shown there is positive impact of PPVFR act on Indian seed industry (Venkatesh and Pal, 2014)
Being a decade old there is inadequacies in the effective implementation of act which are of grave concern to the seed industry and Indian agriculture which needs to resolve by the government and the authority to meet out the objectives of the act (Kumar PS et al. 2011).
In conclusion the PPV&FR act showcases that farmers’ and breeders’ rights can be protected under a single piece of legislation but there is need to focus more on farmers’ right than the breeders’ right for ensuring food security as India is an agricultural country. The major challenge of the act is unawareness among tribal communities who live in isolation in remote pocket of India.
TREATIES ON IPR PROTECTION
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891).
The paris Convention
Beijing Treaty on Audiovisual Performances (2012)
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974)
Marrakesh Treaty (2013)
Nairobi Treaty on the Protection of the Olympic Symbol (1981)
Patent Law Treaty (PLT) (2000)
Phonogram convention (1971)
explains about access to AnGR to benefits should be shared among users and providers and different national and international protocols governing them.
Acess is obtaining and then utilization if genetic resources Benefit sharing is giving a portion of benefit obtained from utilization of genetic resources by users to the providers.
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
'Protection of Plant Varieties & Farmers’ Rights Act under Intellectual Prope...Palvi Mehta
ABSTRACT
Mehta .P.
India is mainly an agricultural country and agriculture sector provides livelihood to 65-70 percent of the total population. Farmer is the breeder, conserver and distributor of not only seeds but also responsible for conservation of vast genetic diversity resources. So there is a need to protect the rights of the farmers and provide reward and recognition to farmers & farmers’ community engaged in conservation and development of vast genetic diversity.
IPR provides protection to rights of original inventor through its different forms viz. patents, trademarks, copyrights, geographical indications and plant variety protection throughout the world. IPR in the context of agriculture could be provided either through a patent or a sui generis system for plant. Under TRIPS agreement, it is obligatory to India to protect new plant variety either through patent or sui generis system or through combination of both. India opted for a sui generis system and enacted the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act) to grant intellectual property rights to plant breeders, researchers and farmers and promoting plant breeding by vesting adequate IP rights protection which will boost further research and innovation in this field.
During the year of 2016–17 the authority received a total of 3569 applications of which 85% were filed by farmers. Apart from the 3041 farmers’ varieties, the public and private institutes submitted 230 applications of extant notified varieties, 221 applications of new varieties and 77 applications of varieties of common knowledge. In 2016–17, a total of 495 certificates of registration were issued. Of these, 288 belonged to farmers, 107 belonged to private organizations and 99 belonged to public organizations. In the last decade, the number of applications received annually has increased from 654 during 2007-08 to 3569 during 2016-17 (Annual Report 2016-2017)
Data on exchange of planting materials, release of notified varieties, seed production, seed replacement rate and public-private partnerships (PPP) are examined to ascertain the early impact of PVP on Indian seed industry. On the basis of evidence it is shown there is positive impact of PPVFR act on Indian seed industry (Venkatesh and Pal, 2014)
Being a decade old there is inadequacies in the effective implementation of act which are of grave concern to the seed industry and Indian agriculture which needs to resolve by the government and the authority to meet out the objectives of the act (Kumar PS et al. 2011).
In conclusion the PPV&FR act showcases that farmers’ and breeders’ rights can be protected under a single piece of legislation but there is need to focus more on farmers’ right than the breeders’ right for ensuring food security as India is an agricultural country. The major challenge of the act is unawareness among tribal communities who live in isolation in remote pocket of India.
TREATIES ON IPR PROTECTION
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891).
The paris Convention
Beijing Treaty on Audiovisual Performances (2012)
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974)
Marrakesh Treaty (2013)
Nairobi Treaty on the Protection of the Olympic Symbol (1981)
Patent Law Treaty (PLT) (2000)
Phonogram convention (1971)
explains about access to AnGR to benefits should be shared among users and providers and different national and international protocols governing them.
Protecting plant biodiversity: The ITPGRFA, genome sequencing and the relevan...FAO
The presentation includes information on the ITPGRFA's objectives, the Nagoya Protcol and its comparison with the treaty. Further information on connecting Genomics and other type of information with the Global Information System are also available in the presentation.
http://tiny.cc/FAO-COAG-GS
http;//www.fao.org
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable...Bioversity International
Presentation by Kathryn Garforth, Secretariat of the CBD, at the Mutual Implementation of the Nagoya Protocol and Plant Treaty workshop, Addis Ababa, November 16th 2015.
description on convention on biological diversity, different articles, conference of parties, global environment facility, cartagena protocol, CBD Act 2002, National Biodiversity Strategies and Action Plans (NBSAP)
The Nagoya Protocol, Poverty Alleviation and Climate Change: Conceptual LinkagesBioversity International
Presentation given by Andreas Drews and Lena Fey, ABS Capacity Development Initiative at the Mutual Implementation of the Nagoya Protocol and Plant Treaty Workshop, November 16th 2015, Addis Ababa
Intellectual property in the wto and inter institutional cooperationSusan Isiko
WIPO, WTO, institutional cooperation, conventional cooperation, de facto cooperation, legal and technical assistance, laws and regulations, dispute settlement, enforcement of IP, research, accession, Marrakesh, lessons for non-Members of WIPO or WTO
Convention on Biodiversity (CBD), Conference of the Parties (COP), COP 13 (Theme- Fisheries), Nagoya Protocol, Cartagena, Aichi Target, Sustainable Development Goals (SDGs), International Conventions (Biodiversity Related Conventions)
Richard's aventures in two entangled wonderlandsRichard Gill
Since the loophole-free Bell experiments of 2020 and the Nobel prizes in physics of 2022, critics of Bell's work have retreated to the fortress of super-determinism. Now, super-determinism is a derogatory word - it just means "determinism". Palmer, Hance and Hossenfelder argue that quantum mechanics and determinism are not incompatible, using a sophisticated mathematical construction based on a subtle thinning of allowed states and measurements in quantum mechanics, such that what is left appears to make Bell's argument fail, without altering the empirical predictions of quantum mechanics. I think however that it is a smoke screen, and the slogan "lost in math" comes to my mind. I will discuss some other recent disproofs of Bell's theorem using the language of causality based on causal graphs. Causal thinking is also central to law and justice. I will mention surprising connections to my work on serial killer nurse cases, in particular the Dutch case of Lucia de Berk and the current UK case of Lucy Letby.
Slide 1: Title Slide
Extrachromosomal Inheritance
Slide 2: Introduction to Extrachromosomal Inheritance
Definition: Extrachromosomal inheritance refers to the transmission of genetic material that is not found within the nucleus.
Key Components: Involves genes located in mitochondria, chloroplasts, and plasmids.
Slide 3: Mitochondrial Inheritance
Mitochondria: Organelles responsible for energy production.
Mitochondrial DNA (mtDNA): Circular DNA molecule found in mitochondria.
Inheritance Pattern: Maternally inherited, meaning it is passed from mothers to all their offspring.
Diseases: Examples include Leber’s hereditary optic neuropathy (LHON) and mitochondrial myopathy.
Slide 4: Chloroplast Inheritance
Chloroplasts: Organelles responsible for photosynthesis in plants.
Chloroplast DNA (cpDNA): Circular DNA molecule found in chloroplasts.
Inheritance Pattern: Often maternally inherited in most plants, but can vary in some species.
Examples: Variegation in plants, where leaf color patterns are determined by chloroplast DNA.
Slide 5: Plasmid Inheritance
Plasmids: Small, circular DNA molecules found in bacteria and some eukaryotes.
Features: Can carry antibiotic resistance genes and can be transferred between cells through processes like conjugation.
Significance: Important in biotechnology for gene cloning and genetic engineering.
Slide 6: Mechanisms of Extrachromosomal Inheritance
Non-Mendelian Patterns: Do not follow Mendel’s laws of inheritance.
Cytoplasmic Segregation: During cell division, organelles like mitochondria and chloroplasts are randomly distributed to daughter cells.
Heteroplasmy: Presence of more than one type of organellar genome within a cell, leading to variation in expression.
Slide 7: Examples of Extrachromosomal Inheritance
Four O’clock Plant (Mirabilis jalapa): Shows variegated leaves due to different cpDNA in leaf cells.
Petite Mutants in Yeast: Result from mutations in mitochondrial DNA affecting respiration.
Slide 8: Importance of Extrachromosomal Inheritance
Evolution: Provides insight into the evolution of eukaryotic cells.
Medicine: Understanding mitochondrial inheritance helps in diagnosing and treating mitochondrial diseases.
Agriculture: Chloroplast inheritance can be used in plant breeding and genetic modification.
Slide 9: Recent Research and Advances
Gene Editing: Techniques like CRISPR-Cas9 are being used to edit mitochondrial and chloroplast DNA.
Therapies: Development of mitochondrial replacement therapy (MRT) for preventing mitochondrial diseases.
Slide 10: Conclusion
Summary: Extrachromosomal inheritance involves the transmission of genetic material outside the nucleus and plays a crucial role in genetics, medicine, and biotechnology.
Future Directions: Continued research and technological advancements hold promise for new treatments and applications.
Slide 11: Questions and Discussion
Invite Audience: Open the floor for any questions or further discussion on the topic.
Richard's entangled aventures in wonderlandRichard Gill
Since the loophole-free Bell experiments of 2020 and the Nobel prizes in physics of 2022, critics of Bell's work have retreated to the fortress of super-determinism. Now, super-determinism is a derogatory word - it just means "determinism". Palmer, Hance and Hossenfelder argue that quantum mechanics and determinism are not incompatible, using a sophisticated mathematical construction based on a subtle thinning of allowed states and measurements in quantum mechanics, such that what is left appears to make Bell's argument fail, without altering the empirical predictions of quantum mechanics. I think however that it is a smoke screen, and the slogan "lost in math" comes to my mind. I will discuss some other recent disproofs of Bell's theorem using the language of causality based on causal graphs. Causal thinking is also central to law and justice. I will mention surprising connections to my work on serial killer nurse cases, in particular the Dutch case of Lucia de Berk and the current UK case of Lucy Letby.
THE IMPORTANCE OF MARTIAN ATMOSPHERE SAMPLE RETURN.Sérgio Sacani
The return of a sample of near-surface atmosphere from Mars would facilitate answers to several first-order science questions surrounding the formation and evolution of the planet. One of the important aspects of terrestrial planet formation in general is the role that primary atmospheres played in influencing the chemistry and structure of the planets and their antecedents. Studies of the martian atmosphere can be used to investigate the role of a primary atmosphere in its history. Atmosphere samples would also inform our understanding of the near-surface chemistry of the planet, and ultimately the prospects for life. High-precision isotopic analyses of constituent gases are needed to address these questions, requiring that the analyses are made on returned samples rather than in situ.
Observation of Io’s Resurfacing via Plume Deposition Using Ground-based Adapt...Sérgio Sacani
Since volcanic activity was first discovered on Io from Voyager images in 1979, changes
on Io’s surface have been monitored from both spacecraft and ground-based telescopes.
Here, we present the highest spatial resolution images of Io ever obtained from a groundbased telescope. These images, acquired by the SHARK-VIS instrument on the Large
Binocular Telescope, show evidence of a major resurfacing event on Io’s trailing hemisphere. When compared to the most recent spacecraft images, the SHARK-VIS images
show that a plume deposit from a powerful eruption at Pillan Patera has covered part
of the long-lived Pele plume deposit. Although this type of resurfacing event may be common on Io, few have been detected due to the rarity of spacecraft visits and the previously low spatial resolution available from Earth-based telescopes. The SHARK-VIS instrument ushers in a new era of high resolution imaging of Io’s surface using adaptive
optics at visible wavelengths.
Nutraceutical market, scope and growth: Herbal drug technologyLokesh Patil
As consumer awareness of health and wellness rises, the nutraceutical market—which includes goods like functional meals, drinks, and dietary supplements that provide health advantages beyond basic nutrition—is growing significantly. As healthcare expenses rise, the population ages, and people want natural and preventative health solutions more and more, this industry is increasing quickly. Further driving market expansion are product formulation innovations and the use of cutting-edge technology for customized nutrition. With its worldwide reach, the nutraceutical industry is expected to keep growing and provide significant chances for research and investment in a number of categories, including vitamins, minerals, probiotics, and herbal supplements.
Introduction:
RNA interference (RNAi) or Post-Transcriptional Gene Silencing (PTGS) is an important biological process for modulating eukaryotic gene expression.
It is highly conserved process of posttranscriptional gene silencing by which double stranded RNA (dsRNA) causes sequence-specific degradation of mRNA sequences.
dsRNA-induced gene silencing (RNAi) is reported in a wide range of eukaryotes ranging from worms, insects, mammals and plants.
This process mediates resistance to both endogenous parasitic and exogenous pathogenic nucleic acids, and regulates the expression of protein-coding genes.
What are small ncRNAs?
micro RNA (miRNA)
short interfering RNA (siRNA)
Properties of small non-coding RNA:
Involved in silencing mRNA transcripts.
Called “small” because they are usually only about 21-24 nucleotides long.
Synthesized by first cutting up longer precursor sequences (like the 61nt one that Lee discovered).
Silence an mRNA by base pairing with some sequence on the mRNA.
Discovery of siRNA?
The first small RNA:
In 1993 Rosalind Lee (Victor Ambros lab) was studying a non- coding gene in C. elegans, lin-4, that was involved in silencing of another gene, lin-14, at the appropriate time in the
development of the worm C. elegans.
Two small transcripts of lin-4 (22nt and 61nt) were found to be complementary to a sequence in the 3' UTR of lin-14.
Because lin-4 encoded no protein, she deduced that it must be these transcripts that are causing the silencing by RNA-RNA interactions.
Types of RNAi ( non coding RNA)
MiRNA
Length (23-25 nt)
Trans acting
Binds with target MRNA in mismatch
Translation inhibition
Si RNA
Length 21 nt.
Cis acting
Bind with target Mrna in perfect complementary sequence
Piwi-RNA
Length ; 25 to 36 nt.
Expressed in Germ Cells
Regulates trnasposomes activity
MECHANISM OF RNAI:
First the double-stranded RNA teams up with a protein complex named Dicer, which cuts the long RNA into short pieces.
Then another protein complex called RISC (RNA-induced silencing complex) discards one of the two RNA strands.
The RISC-docked, single-stranded RNA then pairs with the homologous mRNA and destroys it.
THE RISC COMPLEX:
RISC is large(>500kD) RNA multi- protein Binding complex which triggers MRNA degradation in response to MRNA
Unwinding of double stranded Si RNA by ATP independent Helicase
Active component of RISC is Ago proteins( ENDONUCLEASE) which cleave target MRNA.
DICER: endonuclease (RNase Family III)
Argonaute: Central Component of the RNA-Induced Silencing Complex (RISC)
One strand of the dsRNA produced by Dicer is retained in the RISC complex in association with Argonaute
ARGONAUTE PROTEIN :
1.PAZ(PIWI/Argonaute/ Zwille)- Recognition of target MRNA
2.PIWI (p-element induced wimpy Testis)- breaks Phosphodiester bond of mRNA.)RNAse H activity.
MiRNA:
The Double-stranded RNAs are naturally produced in eukaryotic cells during development, and they have a key role in regulating gene expression .
1. Assignment
Subject : GPB811 Plant Genetics Resourcesand their Utilization
Presented by : Mr. Indranil Bhattacharjee
Student I.D. No.: 17PHGPB102
Sam Higginbottom Universityof Agriculture,
Technology & Sciences
Allahabad-211007
2. Access and Benefit Sharing
Overview
•The Context
•The Patent system
•Developments on the International Level
3.
4. The Context
• Convention on Biological Diversity (CBD)
– Bonn Guidelines on Access to Genetic Resources and Fair and Equitable
Sharing of the Benefits Arising outof their Utilization
– International Regimeon Access to GeneticResources and BenefitSharing
• Food and Agriculture Organization of the United Nations (FAO)
– International Treaty on PlantGeneticResources forFood and Agriculture
5. Conventionon Biological Diversity
• 1992 Earth Summit in Rio de Janeiro
• 3 main goals:
– the conservation of biological diversity
– the sustainable use of its components
– and the fair and equitable sharing of the benefits from the
use of genetic resources.
• entered into force on 29 December 1993
• 190 Parties (http://biodiv.org/world/parties.asp)
6. Conventionon Biological Diversity
Article 1. Objectives
The objectives of this Convention, to be pursued in accordance
with its relevant provisions, are the conservation of biological
diversity, the sustainable use of its components and the fair
and equitable sharing of the benefits arising out of the
utilization of genetic resources, including by appropriate access
to genetic resources and by appropriate transfer of relevant
technologies, taking into account all rights over those resources
and to technologies, and by appropriate funding.
7. Conventionon Biological Diversity
Article 15. Access to Genetic Resources
1. Recognizing the sovereign rights of States over their natural
resources, the authority to determine access to genetic
resources rests with the national governments and is subject
to national legislation.
2. Each Contracting Party shall endeavour to create conditions
to facilitate access to genetic resources for environmentally
sound uses by other Contracting Parties and not to impose
restrictions that run counter to the objectives of this
Convention.
8. Conventionon Biological Diversity
Article 15. Access to Genetic Resources
3. For the purpose of this Convention, the genetic resources being provided by a
Contracting Party, as referred to in this Article and Articles 16 and 19, are only
those that are provided by Contracting Parties that are countries of origin of
such resources or by the Parties that have acquired the genetic resources in
accordance with this Convention.
4. Access, where granted, shall be on mutually agreed terms and subject to the
provisionsof this Article.
5. Access to genetic resources shall be subject to prior informed consent of the
Contracting Party providing such resources, unless otherwise determined by that
Party.
9. Conventionon Biological Diversity
Article 15. Access to Genetic Resources
6. Each Contracting Party shall endeavor to develop and carry outscientific
research based on genetic resources provided by other Contracting Parties with
the full participation of,and where possiblein, such Contracting Parties.
7. Each Contracting Party shall take legislative, administrative or policy
measures, as appropriate, and in accordance with Articles 16 and 19 and, where
necessary, through the financial mechanism established by Articles 20 and 21
with the aim of sharing in a fair and equitable way the results of research and
development and the benefits arising from the commercial and other utilization
of genetic resources with the Contracting Party providing such resources. Such
sharing shall be upon mutually agreedterms.
10. Conventionon Biological Diversity
Article 8. In-situ Conservation
[...]
(j) Subject to its national legislation, respect, preserve and maintain
knowledge, innovations and practices of indigenous and local communities
embodyingtraditionallifestyles relevantfor the conservationand sustainable
use of biological diversity and promote their wider application with the
approvaland involvementof the holders of such knowledge,innovations and
practices and encourage the equitable sharing of the benefits arising from the
utilization of such knowledge, innovations and practices;
11. Conventionon Biological Diversity
Article 16. Access to and Transfer of technology
1.- 4. [...]
5. The Contracting Parties, recognizing that patents and other intellectual
property rights may have an influence on the implementation of this
Convention, shall cooperatein this regard subjectto national legislation and
international law in order to ensure that such rights are supportive of and
do notrun counter to its objectives.
12. Bonn Guidelines and International Regime
• 6th Conference of the Parties 2002 (COP, Decision VI/24)
– voluntary guidelines to assist Parties, Governments and other stakeholders
– establishing legislative, administrativeor policy measures
– negotiating contractual arrangements
• 7th Conference of the Parties 2004 (Decision VII/19)
– negotiation of an internationalregime on access to genetic resources and benefit sharing
– mandate to the Ad Hoc Open-ended Working Group on Access and benefit-sharing.
• 8th Conference of the Parties 2006 (Decision VIII/4)
– complete the work on the international regime at the earliest possible time before the
10th meeting of the Conferenceof the Parties(2010)
13. Food and Agriculture Organization of the United Nations
• International Treaty on PlantGeneticResources forFood and Agriculture
– adopted in November 2001
– entered into forceon June 29,2004,112 parties
(http://www.fao.org/Legal/TREATIES/033s-e.htm)
• Definition: "any genetic material of plant origin of actual or potential value for
food and agriculture".
• objectives
– conservation and sustainable use of plant genetic resources for food and
agriculture
– the fair and equitable sharing of benefits derived from their use, in harmony
with the CBD, for sustainable agriculture and food security
14. International Treaty on Plant Genetic Resources
for Food and Agriculture
• Multilateral Systemto facilitate access to plantgeneticresources for food and
agriculture
(Article 12):
– over 64 major crops and forages
– access for utilizationand conservationin research,breeding and training
• Share the benefits in a fair and equitable way (Article 13):
– facilitated access itself
– information-exchange
– access to and the transfer of technology
– capacity-building
– sharing of monetary and other benefits of commercialization
• Material Transfer Agreements
15.
16. The Patent System
• Andean Community
• European Community
• National Patent Law
17. Andean Community
DECISION486
Common Intellectual Property Regime
– Article 26 Applications for patents [...] shall contain: h) a copy of the
contract for access, if the products or processes for which a patent
application is being filed were obtained or developed from genetic
resourcesor by products originating in one of the Member Countries
– Sanction:InvalidationArticle 75 g)
18. European Community
Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998
on the legal protectionof biotechnologicalinventions
– Recital 26
Whereas if an invention is based on biological material of human origin or if it
uses such material, where a patent application is filed, the person from whose
body the material is taken must have had an opportunity of expressing free and
informedconsentthereto,in accordance with national law;
– Recital 27
Whereas if an invention is based on biological material of plant or animal origin
or if it uses such material, the patent application should, where appropriate,
include information on the geographical origin of such material, if known;
whereas this is without prejudice to the processing of patent applications or the
validity of rights arising from grantedpatents;
19. National Patent Law
• Disclosure requirement:inventionto be fully disclosed
• some European countries have implemented recital 27 of Directive
98/44/EC, e.g.
– Germany, sanction: without prejudice to the processing of patent
applications or the validity of rights arising from granted patents, (§ 34a
Patentgesetz)
– Italy, sanction: in the patent procedure: nullity (LEGGE 22 febbraio 2006 n.
78)
– Norway, sanction:penalty (Section 8b of the Patents Act)
21. World Trade Organization
• Doha Ministerial Declaration, November 14,2001
19. We instruct the Council for TRIPS, [...], to examine, inter alia, the
relationship between the TRIPS Agreement and the Convention on Biological
Diversity, [...]
• WTO document IP/C/W/368/Rev.1, February 8, 2006: The Relationship
between the TRIPS Agreementand the Conventionon BiologicalDiversity
– Disclosure and evidence as a TRIPS obligation (Brazil, India, Bolivia, Colombia,
Cuba, Dominican Republic, Ecuador, Peru, Thailand, African group and some
other developing countries)
– Disclosure through WIPO Amendment to the regulations of the Patent
Cooperation Treaty (Switzerland)
– Disclosure with legal consequences of not meeting this requirement outside
the patentlaw (European Union)
– National legislation and and contractual arrangements (United States of
America)
22. World Intellectual Property Organization
•Patent Law Treaty / Substantive Patent Law Treaty
• Patent Cooperation Treaty
• Technical Studies
• Intergovernmental Committee on Genetic Resources,
Traditional Knowledge and Folklore
23. Patent Law Treaty / SubstantivePatent Law Treaty
• Columbian Proposal (WIPO document SCP/3/10)
– the grant of patents or registrations that relate to biological and genetic
heritage shall be subjectto their having been acquired legally
– specification of the registration number of the contract affording access to
geneticresources and a copy thereof
• Indian Proposal (WIPO document SCP/9/8, par. 114), WIPO
document SCP/10/3: Rule 4(2) of Draft Regulations Under the
Substantive Patent Law Treaty:
A Contracting Party may require the indication of the source and geographical
origin of the depositedbiological materialin the description.
24. Patent Cooperation Treaty
Swiss Proposal
(May2003, now WIPO document PCT/R/WG/9/5) Declaration of the Source of
Genetic Resourcesand Traditional Knowledge in Patent Applications:
• Amendment of Rules under the PCT
– 4.17 Declarations Relating to National RequirementsReferredto in Rule
51bis.1(a)(i)to (v)
– Rule 51bis Certain National RequirementsAllowed Under Article 27
• PCT amendments applicable under the PLT by
– referenceunder PLT Article 6(1)
– use of a PCT RequestForm under PLT Rule 3(2)
– decision of the PLT Assemblyunder PLT Article 16(1)
25. WIPO - CBD Cooperation
• Memorandum of Understanding
– 2002: approved by WIPO’s CoordinationCommittee (WIPO document WO/CC/48/2)
– upon request and subject to approval of the competent subsidiarybodies
– undertake studies and provide other technical inputs in writing to the competent
subsidiarybodies of the requesting party on issueswithin their areas of competence
• Technical Studies
– technical input to facilitate policy discussion and analysis, not a formal paper
expressinga policy position on the part of WIPO, its Secretariat or its Member States
– Decision of WIPO’s General Assembly on a request
– Invitation to WIPO Member States for comments and proposals
– consultation process
– Approval of WIPO’s General Assembly
27. IntergovernmentalCommitteeon Intellectual
Property and Genetic Resources, Traditional
Knowledgeand Folklore
• Draft Intellectual Property Guidelines for Access and Equitable
Benefit Sharing
(WIPO document WIPO/GRTKF/IC/7/9)
• Overview about WIPO’s work on genetic resources
(WIPO document WIPO/GRTKF/IC/8/9)
• Proposal of the EU
(WIPO document WIPO/GRTKF/IC/8/11)
•Memorandum of Norway
(WIPO document WIPO/GRTKF/IC/9/12)
• Submission of Japan
(WIPO document WIPO/GRTKF/IC/9/13)
28. Proposal of the EU
(WIPO documentWIPO/GRTKF/IC/8/11)
• A mandatory disclosure requirementin patentapplications;
• Declare the country of origin or,if unknown,the source of the specificgenetic
resource;
• Invention directly based on the specificgeneticresources;
• Possibly also disclosure requirementregarding the specificsource of traditional
knowledgeassociated with geneticresources;a further in-depthdiscussion of
the conceptof “Traditional knowledge” is necessary;
• Sanction for failure or refusal to declare the requiredinformation after beinggiven
the opportunity to remedy:the application shouldnotbe further processed;
• Sanctions for incorrector incomplete information:outsidethe field of patentlaw;
• Notification by patentoffices of a declaration to a central body,e.g. The clearing
house mechanism of the CBD.
29. Memorandum of Norway Proposal of Japan
• Norway: WIPO document WIPO/GRTKF/IC/9/12
– disclosure requirements in patent applications contribute to improving transparency
and building trust in the patent system
– possible implicationsfor monitoring possible cases of misappropriationof TK/TCEs.
– separate proposalannounced
• Japan: WIPO document WIPO/GRTKF/IC/9/13
– Art. 16 CBD does not require disclosureof origin
– Indication not needed for patent examination
– Database related to genetic resources and traditional knowledge to help avoiding
erroneouslygranted patents
30. Decisions of the Tenth Session of the IGC
December8, 2006
9. Regarding agenda item 10 (genetic resources), on the basis of its discussions,
the proposals made by a number of delegations, document
WIPO/GRTKF/IC/8/9, and within the specific mandate of the Committee
established by the WIPO General Assembly, the Committee requested the
Secretariatto preparefor its consideration atits eleventh session:
(i) A document listing options for continuing or further work, including work
in the areas of the disclosure requirement and alternative proposals for
dealing with the relationship between intellectual property and genetic
resources; the interface between the patent system and genetic resources;
and the intellectual property aspects of access and benefit-sharing
contracts;and
(ii) A factual update of international developments relevant to the genetic
resourcesagendaitem.
31. • Introduction to the CBD
• How the CBD operates
• The CBD and botanical
institutions
• Practical implementation
The CBD for PGRFA
32. • Result of Rio Earth Summit
• A commitmentto:
– conserve biological diversity
– use biological resources sustainably
– share benefits fairly and equitably
What is the CBD?
33. • A framework for action
• Decisions at the national level
• Recognition that biodiversity is
not equally distributed
• Benefit-sharing
What is unique about this treaty?
37. Financial value of biodiversity (1)
Estimates of annual markets for some products derived
from genetic resources
Products Annual Sales (billion US$)
Low High
Pharmaceuticals 75 150
Botanical medicines 20 40
Agricultural produce 300+ 450+
Ornamental horticulture 16 19
Crop protection 0.6 3
Biotech (except health & agriculture) 60 120
Personal care & cosmetics 2.8 2.8
ROUNDED TOTAL 500 800
Source:tenKate Kand Laird SA (1999), The CommercialUse of Biodiversiy,EarthscanPublicationsLtd.
40. Threats to biodiversity
• Habitat loss
• Invasive alien species
• Over-exploitation
• Pollution and climate change
41. How does the CBD approach the
challenge? (1)
• Common concern of
humankind
• Sovereign rights
• Countries responsible for
conservation
• Preventativeand
precautionary approach
42. How does the CBD approach the
challenge? (2)
• Ecosystem approach:
– prioritises in situ conservation
– backed up by ex situ conservation
• Sustainable use
48. Implementation of the CBD:
Action at a national level
CBD
national
government
national laws integration into other
areas
NationalBiodiversity
Strategy and Action Plan
conservation initiatives
national
reports
goalsand
obligations
49. Implementation of the CBD:
Stakeholder participation
local and
Indigenous
communities
farmers
landowners universities
botanic
gardens
national
government
57. Why is access and benefit-sharing
important for botanists?
• Exchange and access
• Builds partnerships
• Supportsnational
implementation
• Funding
• Builds trust
63. CBD-friendly work: Institutional use
and exchange (2)
• Acquire material legally
• Use under same terms
• Supply under same terms
64. CBD-friendly work: Institutional use
and exchange (3)
• Written agreements
• Tracking
• Internal procedures
• InstitutionalCBD policy
65. CBD-friendly work:
Benefit-sharing for botanists
• Forexample…
– joint fieldwork
– joint research
– access to information
– capacity building
– training and education
– staffexchange
– fees/royalties
67. Collective action
• Stay informed and get involved!
– work with stakeholders
– work with government
– work with botanic gardens
68. Further information on the CBD and
National Focal Points
The Secretariat of the CBD
World Trade Centre
393 Saint Jacques, Suite 300
Montreal
Québec
Canada H2Y 1N9
CBD website: www.biodiv.org
69. Genetic resources
• Any material of plant, animal, fungal,
microbial or other origin containing
functionalunits of heredity of actual or
potentialvalue
• ‘Functionalunit of heredity’ a matter for
interpretation
• May include herbarium specimens
74. Traditional Knowledge (2)
• National legislation
• Indigenous Peoples’ declarations and
codes of conduct
• Professional codes of conduct
• People’s Biodiversity Registers
75. Intellectual Property (1)
Types of IP include:
– patents
– copyright
– plant breeders rights
IP and plants?
76. Intellectual Property (2)
Current issues
– patents on life?
– disclose sources?
– IPand benefit-sharing
• Implications for collections
– agree, and track, benefit-sharing
terms
77. Global Taxonomy Initiative
• The ‘taxonomic impediment’
• GTI supports:
– taxonomicneeds assessment
– taxonomicinformation sharing
– training
– collaboration
– National Focal Points
78. Global Strategy for Plant Conservation
16 Targets for:
– understanding and
documenting plant diversity
– conserving plant diversity
– sustainableuse
– education
– capacity building
79. Invasive alien species
Environmental and economic
costs
‘Guiding Principles’:
– advice and goals
• Role of horticulture
81. International Treaty on Plant Genetic
Resources for Food and Agriculture (1)
• Multilateral system
• Facilitated crop access
• Sharing of financial benefits
• Farmers’ rights
82. International Treaty on Plant Genetic
Resources for Food and Agriculture (2)
• Facilitated access:
– for food/feed purposes only
– quickly, with minimal cost
– standardMTA
– recipients keep material available
– no before/after date
• Implications for collections
83. World Summit on Sustainable
Development
• WEHAB:water & sanitation, energy,
health, agriculture, biodiversity
• 3 main outcomes:
– Plan of Implementation
– Johannesburg Declaration
– Type II initiatives
• Implications for collections