SlideShare a Scribd company logo
ACHARYA N.G. RANGA AGRICULTURAL UNIVERSITY
S. V. AGRICULTURAL COLLEGE, TIRUPATI
DEPARTMENT OF GENETICS AND PLANT BREEDING
COURSE NO : GPB 609
COURSE TITLE : IPR AND REGULATORY MECHANISM
TOPIC : Lecture No.13. National Biodiversity protection initiatives and
Lecture No.14. Convention on Biological Diversity
Submitted to:
Dr. M. Shanthi Priya
Professor & Head
Dept. of Genetics and Plant Breeding
S. V. Agricultural College, Tirupati
Submitted by:
P. Tejasree
TAD/2023-10
PhD (Ag) 1st
Year
Dept. of GPBR
Lecture No.13. National Biodiversity Protection Initiatives
Biological Diversity Act, 2002
The Biological Diversity Act, 2002 was passed by the parliament of India to protect biodiversity
and facilitate the sustainable management of biological resources with the local communities.
The Act was enacted to meet the requirements stipulated by the United Nations Convention on
Biological Diversity (CBD), to which India is a party.
Overview of the Biological Diversity Act 2002
The Act’s main objective is to ensure the conservation of biological diversity, sustainable use
of its components and fair usage of its resources in order to prevent overuse or eventual
destruction of biodiversity.
Since India is one of the most biologically diverse nations in the world, this act is a necessity to
protect its biological heritage.
The salient features of the Biological Diversity Act are as follows.
• Regulation of access to biological resources of the country
• Conservation and sustainability of biological diversity
• Protecting the knowledge of local communities regarding biodiversity
• Secure sharing of benefits with local people as conservers of biological resources and
holders of knowledge and information relating to the use of biological resources
• Protection and rehabilitation of threatened species
• Involvement of institutions of state governments in the broad scheme of the
implementations of the Biological Diversity Act through the establishment of dedicated
committees.
Any offense under this Act is non-boilable and cognizable
• Any grievances related to the determination of benefit sharing or order of the National
Biodiversity Authority or a State Biodiversity Board under this Act shall be taken to
the National Green Tribunal (NGT).
Find the list of Important Acts in India by visiting the linked article.
Exemptions from the Biological Diversity Act
• The Act excludes Indian biological resources that are normally traded as commodities.
• Such exemption holds only so far the biological resources are used as
commodities and for no other purpose.
The act also excludes traditional uses of Indian biological resources and associated knowledge and
when they are used in collaborative research projects between Indian and foreign institutions with
the approval of the central government.
Uses by cultivators and breeds, e.g. farmers, livestock keepers and beekeepers and traditional
healers e.g.vaids and hakims are also exempted.
National Biodiversity Authority
In order to carry out the provisions of the act, the National Biodiversity Authority (NBA) had been
set up under the Ministry of Environments and Forest by the Government of India in 2003. The
NBA is a statutory, autonomous body headquartered in Chennai. State Biodiversity Boards (SBB)
were also created in the 29 states along with Biological management committees for each local
body.
Under this act, the Central Government in consultation with the NBA:
• Shall notify threatened species and prohibit or regulate their collection, rehabilitation, and
conservation. Check out the IUCN Red list to know more about endangered species.
• Designate institutions as repositories for different categories of biological resources
The functions of the National Biodiversity Authority are as follows
• Monitoring and prevention of actions prohibited under the Act.
• Providing advice to the government on how best to conserve biodiversity in India.
• Prepare a report on how the government can select biological heritage sites.
• Make concrete steps to prevent the grant of intellectual property rights regarding locally
used biological resources or allied traditional knowledge.
Structure of the NBA
The National Biodiversity Authority consists of the following members to be appointed by the
central government, namely:
• A Chairperson.
• Three ex officio members, one representing the Ministry dealing with Tribal Affairs and
two representing the Ministry dealing with Environment and Forests.
• Seven ex-officio members to represent respectively the Ministries of the Central
Government dealing with:
• Agricultural Research and Education
• Biotechnology
• Ocean Development
• Agriculture and Cooperation
• Indian Systems of Medicine and Homoeopathy
• Science and Technology
• Scientific and Industrial Research;
To know more about Intellectual Property Rights in India, visit the linked article
Should any Foreign individuals or corporate body seek to obtain knowledge or allied resources for
the purpose of research, survey, and commercial utilization, then they need to take permission
from the NBA. Indian citizens or corporates seeking to the same need to take permission from
their respective State Biodiversity Boards.
The outcome of research that had utilized biological resources from India cannot be given to a
foreigner or a foreign company without the consent of the NBA. But such approval is not required
for the publication of the research in a journal done by institutions that affiliated with the Central
Government or approved by it.
State Biodiversity Boards (SBBs)
The SBBs are established by the State Governments in accordance with Section 22 of the Act
and deal with all matters relating to access by Indians for commercial purposes.
Functions of SBBs
• Advising the State Government on matters of biodiversity and its equitable distribution or
on matters relating to the conservation, sustainable use or sharing equitable benefits.
• Regulate granting of approvals or otherwise requests for commercial utilization or bio-
survey and bio-utilization of any biological resource by people.
Structure of SSBs
The State Biodiversity Board consists of the following members:
• A Chairperson
• Not more than five ex officio members to represent the concerned Departments of the State
Government
• Not more than five members from amongst experts in matters relating to conservation of
biological diversity, sustainable use of biological resources and equitable sharing of
benefits arising out of the use of biological resources.
• All the members of the SBB are appointed by the respective State Governments.
Biodiversity Management Committees (BMCs)
According to Section 41 of the Act, every local body shall constitute the BMC within its area for
the purpose of promoting conservation, sustainable use and documentation of biological diversity
including:
• Preservation of habitats
• Conservation of Landraces
• Folk varieties and cultivars
• Domesticated stocks and breeds of animals
• Microorganisms and chronicling of knowledge relating to biological diversity
Functions of BMC
• To prepare the People’s Biodiversity Register in consultation with the local people.
People’s Biodiversity Registers (PBR)
• The PBRs focus on participatory documentation of local biodiversity, traditional
knowledge and practices. They are seen as key legal documents in ascertaining the rights
of local people over the biological resources and associated traditional knowledge.
• The register shall contain comprehensive information on the availability and knowledge of
local biological resources, their medicinal or any other use or any other traditional
knowledge associated with them.
• To provide education and awareness on Biodiversity building
• Eco‐restoration of the local biodiversity
• Providing feedback to the SBB in the matter of IPR, Traditional Knowledge and local
Biodiversity issues, wherever feasible and essential feedback to be provided to the NBA.
• Conservation of traditional varieties/breeds of economically important plants/animals.
• Management of Heritage Sites including Heritage Trees, Animals/ Microorganisms, etc.,
and Sacred Groves and Sacred Waterbodies. Check out the list of UNESCO world heritage
sites in India on the linked page.
Structure
• A chairperson and not more than 6 persons nominated by the local body.
• Out of total members of a BMC, not less than one third should be women and not less
than 18% should belong to the Scheduled Castes/ Scheduled Tribes.
• The Chairperson of the BMC shall be elected from amongst the members of the
committee in a meeting to be chaired by the Chairperson of the local body.
• The chairperson of the local body shall have the casting votes in case of a tie.
Drivers posing challenges to genetic diversity
• Direct drivers
- Climate change
- Natural resource availability
- Overuse of agricultural chemicals
- Land-use changes
• Indirect drivers
- Demography (world population growth, migrations, food demand, quality and
nutrition),
- Economy (globalization, market, and trade forces),
- Socio politics (consumption choices, and policies, institutional and legal frameworks), and
- Science and technology (use of modern breeding techniques in isolation)
Leading to -
o food and nutritional insecurity
o poverty due to low farm incomes
o poor ecosystem services & vulnerability to climate change
Why there is need of ABS (access and benefit sharing)
• Large part of the world’s biodiversity is in poor countries (mega-biodiverse countries)
• Huge quantities of bio-resources are being collected; but not properly priced.
• Local communities are involved (hard work and unique knowledge), but have limited direct
benefits of collection and/or use.
• User groups are diverse (regional, national, MNCs)
• Domestic and international bio-resources markets are imperfect
• Bio-resources are being overexploited in the absence of effective implementation of
sustainable use measures
• Institutional and legal efforts are in place, but awareness is limited
• Bio-resources transaction happen in India at the collection point that are traditional in
fashion with limited knowledge and information about provider/sellers and buyers
• Prices of bio-resources are generally inaccurate
• Local communities are exploited due to negligible/low price paid by those who source the
resources.
But …
o Local communities have huge stake in these resources (collection, conservation,
management and sustainable use)
o They need to be supported to promote these objective through innovative actions
o Access and Benefit Sharing (ABS) is an emerging option under the guidelines of
Convention of Biological Diversity (CBD) and the Biological Diversity Act of India
(2002).
The Biological Diversity Act, 2002
12 Chapters, 65 Sections & Many Subsections
Principals of the Act
▪ Sovereign Rights of India over its biodiversity
▪ Stop bio-piracy
▪ Regulation of Access to genetic resources and associated knowledge by foreign
individuals, institutions or companies
▪ Provide access on Mutually Agreed Term (MAT) based on Prior Informed Consent (PIC)
and fair equitable sharing of the benefits arising from the utilization of genetic resources
▪ Protect the biodiversity of India occurring outside the Protected areas
Scope of the Biological Diversity Act 2002
• Biological resources and associated knowledge
• Transfer of research results
• Transfer of already accessed biological resources/Associated knowledge
The Structures of Biodiversity Act- 2002
— National Biodiversity Authority (NBA): All matters relating to requests for access by
foreign individuals, institutions or companies, and all matters relating to transfer of results
of research to any foreigner will be dealt with by the National Biodiversity Authority.
— State Biodiversity Boards (SBB): All matters relating to access by Indians for
commercial purposes will be under the purview of the State Biodiversity Boards (SBB).
The Indian industry will be required to provide prior intimation to the concerned SBB
about the use of biological resource. The State Board will have the power to restrict any
such activity, which violates the objectives of conservation, sustainable use and equitable
sharing of benefits.
— Biodiversity Management Committees (BMCs): Institutions of local self government
will be required to set up Biodiversity Management Committees in their respective areas
for conservation, sustainable use, documentation of biodiversity and chronicling of
knowledge relating to biodiversity.
Regulation of Access to Biodiversity
• There are no restrictions on local communities, limited restrictions on Indians and stronger
restrictions on foreign nationals and entities for obtaining biological materials
• Result of biodiversity related research not to be transferred to certain persons without
approval of NBA (Transfer does not include research papers, dissemination of knowledge
in seminar or workshop, collaborative projects approve by Govt. of India)
• Application of IPR, all parties are obliged to seek the approval of NBA who may impose
monetary or non-monetary benefit sharing.
Restriction for access
• The Act imposes certain restrictions on request related to access to biological resources
and traditional knowledge if the request is on
• Endangered , endemic and rare taxa
• Likely adverse effects on the livelihood of the local people
• Adverse and irrecoverable environmental impact
• Cause genetic erosion or affect ecosystem function
• Purpose contrary to national interests and other related international agreements to which
India is Party
Transfer of biological resource or knowledge
• No person who have been granted permission to access
• Bio-resources / knowledge - shall transfer to third party without knowledge of NBA
• NBA can grant permission with term and conditions as it may deem fit including royalty
• The NBA shall give public notice of every such approval
Determination of Equitable Benefit-Sharing
The conditions for equitable benefit sharing arising should be on mutual agreed terms. It can be
• Joint ownership of IPR to NBA or benefit claimers
• Transfer of technology
• Location of development units in such areas which will facilitate better living standards
• Setting up of venture capital fund
• Association of Indian scientists, benefit claimers and the local people
• Payment of monetary compensation and non monitory benefits to benefit claimers.
Exemptions under the Act
Act provides exemption of certain activities from its purview :
• To local people and community for free access to use bioresources within India.
• To growers and cultivators, vaids and hakims (practitioners of traditional medicinal
systems) to use bio resources.
• To biological resources, normally traded as commodities notified by the Central
Government under section 40 of the Act.
• To collaborative research through government-sponsored institutes subject to conformity
with guidelines and approval of the Central / State Governments.
• To access value added products.
• For research by Indians in India.
Article 15 of the CBD set out rules for governing ABS. Under this, Governments have two
responsibilities:
1. Creating an enabling environment to access bio-resources in an environmentally sound
manner
2. Ensure the benefits from the use are shared fairly and equitably (Providers of resources
receive fair benefits from their users).
Definition (S. 2)
(c) Biological resources means plants, animals and microorganisms or parts thereof, their genetic
material and byproducts (excluding value added products) with actual or potential use or value,
but does not include human genetic material.
(d) Bio-survey and bio-utilization means survey or collection of species, subspecies, genes,
components and extracts of biological resource for any purpose and includes characterisation,
inventorisation and bioassay.
(f) Commercial utilization means end uses of biological resources for commercial utilization such
as drugs, industrial enzymes, food flavours,fragrance, cosmetics, emulsifiers, oleoresins,colours,
extracts and genes used for improving crops and livestock through genetic intervention, but does
not include conventional breeding or traditional practices in use in any agriculture, horticulture,
poultry,dairy farming, animal husbandry or bee keeping.
(m) Research means study or systematic investigation of any biological resource or technological
application, that uses biological systems, living organisms or derivatives thereof to make or modify
products or processes for any use.
Lecture No.14. Convention on Biological Diversity
Convention on Biodiversity (CBD)
• Bio-diversity:
The variability among living organisms from all sources including, inter alia (among other
things), terrestrial, marine and other aquatic ecosystems and the ecological complexes of which
they are part; this includes diversity within species, between species and of ecosystems.
The three preambles of Biodiversity are:
• Conservation of Biodiversity
• Sustainable use of Biodiversity and leaving enough for the future generations.
• Fair and equitable sharing of Profits arising out of the use of biodiversity
The convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June
1992 and entered into force on 29 December 1993.
It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol.
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international
treaty governing the movements of living modified organisms (LMOs) resulting from
modern biotechnology from one country to another. It was adopted on 29 January 2000 as a
supplementary agreement to the CBD and entered into force on 11 September 2003.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is another
supplementary agreement to the CBD. It provides a transparent legal framework for the effective
implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits
arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October
2010 in Nagoya, Japan, and entered into force on 12 October 2014.
2010 was also the International Year of Biodiversity, and the Secretariat of the CBD was its focal
point. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020
as the United Nations Decade on Biodiversity in December 2010. The convention's Strategic Plan
for Biodiversity 2011-2020, created in 2010, include the Aichi Biodiversity Targets.
International bodies established under CBD
Conference of the Parties (COP) The convention's governing body is the Conference of the Parties
(COP), consisting of all governments (and regional economic integration organizations) that have
ratified the treaty.
This ultimate authority reviews progress under the convention, identifies new priorities, and sets
work plans for members.
The COP can also make amendments to the convention, create expert advisory bodies, review
progress reports by member nations, and collaborate with other international organizations and
agreements.
The Conference of the Parties uses expertise and support from several other bodies that are
established by the convention. In addition to committees or mechanisms established on an ad
hoc basis, the main organs are:
CBD Secretariat
The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP, the United
Nations Environment Programme. Its main functions are to organize meetings, draft documents,
assist member governments in the implementation of the programme of work, coordinate with
other international organizations, and collect and disseminate information.
Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA)
The SBSTTA is a committee composed of experts from member governments competent in
relevant fields. It plays a key role in making recommendations to the COP on scientific and
technical issues.
International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)
The International Treaty on Plant Genetic Resources for Food and Agriculture (also known
as ITPGRFA, International Seed Treaty or Plant Treaty, is a comprehensive international
agreement in harmony with the Convention on Biological Diversity, which aims at
guaranteeing food security through the conservation, exchange and sustainable use of the
world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit
sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in
Madrid, and entered into force on 29 June 2004.
The Treaty establishes the Multilateral System of Access and Benefit-sharing to facilitate
plant germplasm exchanges and benefit sharing through Standard Material Transfer
Agreement (SMTA). The treaty was negotiated by the Food and Agriculture Organization of the
United Nations (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA) and
since 2006 has its own Governing Body under the aegis of the FAO International Treaty on Plant
Genetic Resources for Food and Agriculture
Food and Agriculture Organization of the United Nations (FAO) headquarters, Rome, Italy
ARTICLE 8 | In-situ Conservation Each Contracting Party shall, as far as possible and as
appropriate:
(a) Establish a system of protected areas or areas where special measures need to be taken to
conserve biological diversity;
(b) Develop, where necessary, guidelines for the selection, establishment and management of
protected areas or areas where special measures need to be taken to conserve biological diversity;
(c) Regulate or manage biological resources important for the conservation of biological diversity
whether within or outside protected areas, with a view to ensuring their conservation and
sustainable use;
(d) Promote the protection of ecosystems, natural habitats and the maintenance of viable
populations of species in natural surroundings;
(e) Promote environmentally sound and sustainable development in areas adjacent to protected
areas with a view to furthering protection of these areas;
(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species,
inter alia, through the development and implementation of plans or other management strategies;
(g) Establish or maintain means to regulate, manage or control the risks associated with the use
and release of living modified organisms resulting from biotechnology which are likely to have
adverse environmental impacts that could affect the conservation and sustainable use of biological
diversity, taking also into account the risks to human health;
(h) Prevent the introduction of, control or eradicate those alien species which threaten ecosystems,
habitats or species;
(i) Endeavour to provide the conditions needed for compatibility between present uses and the
conservation of biological diversity and the sustainable use of its components;
(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and
practices of indigenous and local communities embodying traditional lifestyles relevant for the
conservation and sustainable use of biological diversity and promote their wider application with
the approval and involvement of 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;
(k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection
of threatened species and populations;
(l) Where a significant adverse effect on biological diversity has been determined pursuant to
Article 7, regulate or manage the relevant processes and categories of activities
(m) Cooperate in providing financial and other support for in-situ conservation
ARTICLE 9 .Ex-situ Conservation Each Contracting Party shall, as far as possible and as
appropriate, and predominantly for the purpose of complementing in-situ measures:
(a) Adopt measures for the ex-situ conservation of components of biological diversity, preferably
in the country of origin of such components;
(b) Establish and maintain facilities for ex-situ conservation of and research on plants, animals
and micro-organisms, preferably in the country of origin of genetic resources;
(c) Adopt measures for the recovery and rehabilitation of threatened species and for their
reintroduction into their natural habitats under appropriate conditions;
(d) Regulate and manage collection of biological resources from natural habitats for ex situ
conservation purposes so as not to threaten ecosystems and in-situ populations of species, except
where special temporary ex-situ measures are required under subparagraph (c) above; and
(e) Cooperate in providing financial and other support for ex-situ conservation outlined in
subparagraphs (a)–(d) above and in the establishment and maintenance of ex-situ conservation
facilities in developing countries.
ARTICLE 10 .Sustainable Use of Components of Biological Diversity
Each Contracting Party shall, as far as possible and as appropriate:
(a) Integrate consideration of the conservation and sustainable use of biological resources into
national decision-making;
(b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts
on biological diversity;
(c) Protect and encourage customary use of biological resources in accordance with traditional
cultural practices that are compatible with conservation or sustainable use requirements;
(d) Support local populations to develop and implement remedial action in degraded areas where
biological diversity has been reduced; and
(e) Encourage cooperation between its governmental authorities and its private sector in
developing methods for sustainable use of biological resources.
Article 1. Objectives
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
International Treaty on Plant Genetic Resources for Food and Agriculture
– adopted in November 2001
– entered into force on 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
The convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992
and entered into force on 29 December 1993. The United States is the only UN member state which
has not ratified the convention.[1]
It has two supplementary agreements, the Cartagena Protocol
and Nagoya Protocol.
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international
treaty governing the movements of living modified organisms (LMOs) resulting from
modern biotechnology from one country to another. It was adopted on 29 January 2000 as a
supplementary agreement to the CBD and entered into force on 11 September 2003.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is another
supplementary agreement to the CBD. It provides a transparent legal framework for the effective
implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits
arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October
2010 in Nagoya, Japan, and entered into force on 12 October 2014.
2010 was also the International Year of Biodiversity, and the Secretariat of the CBD was its focal
point. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020
as the United Nations Decade on Biodiversity in December 2010. The convention's Strategic Plan
for Biodiversity 2011-2020, created in 2010, include the Aichi Biodiversity Targets.
Some of the many issues dealt with under the convention include:[5]
• Measures the incentives for the conservation and sustainable use of biological diversity.
• Regulated access to genetic resources and traditional knowledge, including Prior Informed
Consent of the party providing resources.
• 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 (governments and/or local communities that provided the
traditional knowledge or biodiversity resources utilized).
• Access to and transfer of technology, including biotechnology, to the governments and/or local
communities that provided traditional knowledge and/or biodiversity resources.
• Technical and scientific cooperation.
• Coordination of a global directory of taxonomic expertise (Global Taxonomy Initiative).
• Impact assessment.
• Education and public awareness.
• Provision of financial resources.
• National reporting on efforts to implement treaty commitments.
International bodies established under CBD
Conference of the Parties (COP) The convention's governing body is the Conference of the Parties
(COP), consisting of all governments (and regional economic integration organizations) that have
ratified the treaty. This ultimate authority reviews progress under the convention, identifies new
priorities, and sets work plans for members. The COP can also make amendments to the
convention, create expert advisory bodies, review progress reports by member nations, and
collaborate with other international organizations and agreements.
The Conference of the Parties uses expertise and support from several other bodies that are
established by the convention. In addition to committees or mechanisms established on an ad
hoc basis, the main organs are:
CBD Secretariat
The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP, the United
Nations Environment Programme. Its main functions are to organize meetings, draft documents,
assist member governments in the implementation of the programme of work, coordinate with
other international organizations, and collect and disseminate information.
Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA)
The SBSTTA is a committee composed of experts from member governments competent in
relevant fields. It plays a key role in making recommendations to the COP on scientific and
technical issues.
International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)
The International Treaty on Plant Genetic Resources for Food and Agriculture (also known
as ITPGRFA, International Seed Treaty or Plant Treaty, is a comprehensive international
agreement in harmony with the Convention on Biological Diversity, which aims at
guaranteeing food security through the conservation, exchange and sustainable use of the
world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit
sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in
Madrid, and entered into force on 29 June 2004.
The treaty recognises farmers' rights, subject to national laws to:
a) the protection of traditional knowledge relevant to plant genetic resources for food and
agriculture; b) the right to equitably participate in sharing benefits arising from the utilisation of
plant genetic resources for food and agriculture; and
c) the right to participate in making decisions, at the national level, on matters related to the
conservation and sustainable use of plant genetic resources for food and agriculture.
The Treaty establishes the Multilateral System of Access and Benefit-sharing to facilitate
plant germplasm exchanges and benefit sharing through Standard Material Transfer
Agreement (SMTA). The treaty was negotiated by the Food and Agriculture Organization of the
United Nations (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA) and
since 2006 has its own Governing Body under the aegis of the FAO
International Treaty on Plant Genetic Resources for Food and Agriculture
Food and Agriculture Organization of the United Nations (FAO) headquarters, Rome, Italy
The instrument of ratification has to be deposited with the Director-General of FAO
Challenges
• Inadequate capacity of stakeholders, especially SBBs and BMCs
• Building trust among stakeholders
• Mainstreaming of biodiversity
• Receipt of incomplete applications
• Complexity of issues and no precedence elsewhere, no case laws
• Monitoring the post approval compliance by the user of BR/AK
• Utilization of Benefit sharing with the benefit claimers
Harnessing Advantages of IPR
IPR protection does not guarantee any economic benefit
• Benefits accrued : economic value and marketability
• Commercialization involves a considerable amount of risk
• Public–private partnerships
• Licensing, assignment and joint ventures
Nevertheless, it would also require
• Internal competence towards IPR governance
• Negotiation with potential partners
• Capability of assessing and evaluating IPR value
• Assessment of impact / performance of the technology
• Professional management of the IPR portfolio
Faith and confidence for a mutually beneficial, long-lasting partnership.
Success of IPR would depend upon
• Quality of the technology generated
• Marketability of the technology
• Linkage between Public and Private sector
• Competitive and strategic licensing
• Monitoring of the licensed technologies
• Professional portfolio management

More Related Content

What's hot

Unit 5 Marketing of Forest Products.pptx
Unit 5 Marketing of Forest Products.pptxUnit 5 Marketing of Forest Products.pptx
Unit 5 Marketing of Forest Products.pptx
Prabin Pandit
 
Sapota reeti 656
Sapota reeti 656Sapota reeti 656
Sapota reeti 656
Reetika Sharma
 
Natural Regeneration of few tree species
Natural Regeneration of few tree speciesNatural Regeneration of few tree species
Natural Regeneration of few tree species
Vivekananda Global University, Jaipur, Rajasthan -303012
 
Wasteland classification
Wasteland classificationWasteland classification
Wasteland classification
HANAMANT SAVALAGI
 
Canopy managemnt in guava
Canopy managemnt in guavaCanopy managemnt in guava
Canopy managemnt in guava
SushritaNayak1
 
Mode of action of herbicides
Mode of action of herbicidesMode of action of herbicides
Mode of action of herbicides
HimaniKarakoti
 
Plant propagation
Plant propagation Plant propagation
Plant propagation
jrseema
 
Advances breeding of Banana
 Advances breeding of Banana Advances breeding of Banana
Advances breeding of Banana
GANGARAM RANA
 
Chemical weed control
Chemical weed controlChemical weed control
Chemical weed control
STANZIN WANGPO
 
Breeding of Banana
Breeding of BananaBreeding of Banana
Breeding of Banana
Pradeepkumarbairwa
 
Nursery equipments and containers
Nursery equipments and containersNursery equipments and containers
Nursery equipments and containers
HARISH J
 
Forest regeneration
Forest regenerationForest regeneration
Forest regeneration
Dr Shailendra Bhalawe
 
Canopy
CanopyCanopy
Canopy
Pawan Nagar
 
GREEN HOUSE ENVIRONMENT
GREEN HOUSE ENVIRONMENTGREEN HOUSE ENVIRONMENT
GREEN HOUSE ENVIRONMENT
pramodrai30
 
Introduction of Non Wood Forest Products
Introduction of Non Wood Forest ProductsIntroduction of Non Wood Forest Products
Introduction of Non Wood Forest Products
Student
 
Unit i concepts of breeding(1)
Unit i  concepts of breeding(1)Unit i  concepts of breeding(1)
Unit i concepts of breeding(1)
Nugurusaichandan
 
Nursery types, Structure, Components, Planning and Lay out of Nursery
Nursery types, Structure, Components, Planning and Lay out of NurseryNursery types, Structure, Components, Planning and Lay out of Nursery
Nursery types, Structure, Components, Planning and Lay out of Nursery
ParmarManishkumarNar
 
Berseem: Fodder Crop
Berseem: Fodder CropBerseem: Fodder Crop
Berseem: Fodder Crop
Yuvraj Singh
 
Mango malformation
Mango malformationMango malformation
Mango malformation
Vikalp Yadav
 
Natural and artificial regeneration
Natural and artificial regenerationNatural and artificial regeneration
Natural and artificial regeneration
Vivek Srivastava
 

What's hot (20)

Unit 5 Marketing of Forest Products.pptx
Unit 5 Marketing of Forest Products.pptxUnit 5 Marketing of Forest Products.pptx
Unit 5 Marketing of Forest Products.pptx
 
Sapota reeti 656
Sapota reeti 656Sapota reeti 656
Sapota reeti 656
 
Natural Regeneration of few tree species
Natural Regeneration of few tree speciesNatural Regeneration of few tree species
Natural Regeneration of few tree species
 
Wasteland classification
Wasteland classificationWasteland classification
Wasteland classification
 
Canopy managemnt in guava
Canopy managemnt in guavaCanopy managemnt in guava
Canopy managemnt in guava
 
Mode of action of herbicides
Mode of action of herbicidesMode of action of herbicides
Mode of action of herbicides
 
Plant propagation
Plant propagation Plant propagation
Plant propagation
 
Advances breeding of Banana
 Advances breeding of Banana Advances breeding of Banana
Advances breeding of Banana
 
Chemical weed control
Chemical weed controlChemical weed control
Chemical weed control
 
Breeding of Banana
Breeding of BananaBreeding of Banana
Breeding of Banana
 
Nursery equipments and containers
Nursery equipments and containersNursery equipments and containers
Nursery equipments and containers
 
Forest regeneration
Forest regenerationForest regeneration
Forest regeneration
 
Canopy
CanopyCanopy
Canopy
 
GREEN HOUSE ENVIRONMENT
GREEN HOUSE ENVIRONMENTGREEN HOUSE ENVIRONMENT
GREEN HOUSE ENVIRONMENT
 
Introduction of Non Wood Forest Products
Introduction of Non Wood Forest ProductsIntroduction of Non Wood Forest Products
Introduction of Non Wood Forest Products
 
Unit i concepts of breeding(1)
Unit i  concepts of breeding(1)Unit i  concepts of breeding(1)
Unit i concepts of breeding(1)
 
Nursery types, Structure, Components, Planning and Lay out of Nursery
Nursery types, Structure, Components, Planning and Lay out of NurseryNursery types, Structure, Components, Planning and Lay out of Nursery
Nursery types, Structure, Components, Planning and Lay out of Nursery
 
Berseem: Fodder Crop
Berseem: Fodder CropBerseem: Fodder Crop
Berseem: Fodder Crop
 
Mango malformation
Mango malformationMango malformation
Mango malformation
 
Natural and artificial regeneration
Natural and artificial regenerationNatural and artificial regeneration
Natural and artificial regeneration
 

Similar to National Biodiversity protection initiatives and Convention on Biological Diversity

130318 forest biodiversity and abs
130318 forest biodiversity and abs130318 forest biodiversity and abs
130318 forest biodiversity and abs
Ramanjaneyulu GV
 
Biodiversity act, 2002 ppt
Biodiversity act, 2002 pptBiodiversity act, 2002 ppt
Biodiversity act, 2002 ppt
Cpjchs Narela
 
Biodiversity act 2002
Biodiversity act 2002Biodiversity act 2002
Biodiversity act 2002
Mohan Krishna
 
Access and benefit sharing of fish and marine genetic resources – legal consi...
Access and benefit sharing of fish and marine genetic resources – legal consi...Access and benefit sharing of fish and marine genetic resources – legal consi...
Access and benefit sharing of fish and marine genetic resources – legal consi...
apaari
 
NATIONAL BIODIVERSITY AUTHORITY
NATIONAL BIODIVERSITY AUTHORITYNATIONAL BIODIVERSITY AUTHORITY
NATIONAL BIODIVERSITY AUTHORITY
mithraa thirumalai
 
Biodiversity laws in india
Biodiversity laws in indiaBiodiversity laws in india
Biodiversity laws in india
SHUBHAM SINGH
 
Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...
Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...
Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...
ExternalEvents
 
Ipr and biodiversity
Ipr and biodiversityIpr and biodiversity
Ipr and biodiversity
AprajitaSharma15
 
Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10
Altacit Global
 
Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10
Altacit Global
 
Biodiversity act 2002
Biodiversity act 2002Biodiversity act 2002
Biodiversity act 2002
Neha Nag
 
UNCBD
UNCBDUNCBD
PBR peoples biodiversity registar - Ranjan Shaw
PBR peoples biodiversity registar - Ranjan ShawPBR peoples biodiversity registar - Ranjan Shaw
PBR peoples biodiversity registar - Ranjan Shaw
RanjanShaw5
 
Documentation of Biodiversity
Documentation of BiodiversityDocumentation of Biodiversity
Documentation of Biodiversity
Jibesh Bhattacharjee
 
Conservation of biodiversity acts and laws......
Conservation of biodiversity  acts and laws......Conservation of biodiversity  acts and laws......
Conservation of biodiversity acts and laws......
Kavithasagar
 
Protection of plant varieties and farmers right
Protection of plant varieties and farmers rightProtection of plant varieties and farmers right
Protection of plant varieties and farmers right
kathirvel23061996
 
Para-taxonomy &.pptx
Para-taxonomy &.pptxPara-taxonomy &.pptx
Para-taxonomy &.pptx
VinayKumar2893
 
Presentation1 fianal 29th nov.pptx
Presentation1 fianal 29th nov.pptxPresentation1 fianal 29th nov.pptx
Presentation1 fianal 29th nov.pptx
UmmerFarooq24
 
The biological diversity act
The biological diversity actThe biological diversity act
The biological diversity act
shreyas kaaparthi
 
Biodiversity conservation strategies
Biodiversity conservation strategiesBiodiversity conservation strategies
Biodiversity conservation strategies
Varshini3
 

Similar to National Biodiversity protection initiatives and Convention on Biological Diversity (20)

130318 forest biodiversity and abs
130318 forest biodiversity and abs130318 forest biodiversity and abs
130318 forest biodiversity and abs
 
Biodiversity act, 2002 ppt
Biodiversity act, 2002 pptBiodiversity act, 2002 ppt
Biodiversity act, 2002 ppt
 
Biodiversity act 2002
Biodiversity act 2002Biodiversity act 2002
Biodiversity act 2002
 
Access and benefit sharing of fish and marine genetic resources – legal consi...
Access and benefit sharing of fish and marine genetic resources – legal consi...Access and benefit sharing of fish and marine genetic resources – legal consi...
Access and benefit sharing of fish and marine genetic resources – legal consi...
 
NATIONAL BIODIVERSITY AUTHORITY
NATIONAL BIODIVERSITY AUTHORITYNATIONAL BIODIVERSITY AUTHORITY
NATIONAL BIODIVERSITY AUTHORITY
 
Biodiversity laws in india
Biodiversity laws in indiaBiodiversity laws in india
Biodiversity laws in india
 
Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...
Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...
Biocultural Community Protocols: A tool for Strengthening the Rights of Lives...
 
Ipr and biodiversity
Ipr and biodiversityIpr and biodiversity
Ipr and biodiversity
 
Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10
 
Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10Bioiversity act 2002 5.3.10
Bioiversity act 2002 5.3.10
 
Biodiversity act 2002
Biodiversity act 2002Biodiversity act 2002
Biodiversity act 2002
 
UNCBD
UNCBDUNCBD
UNCBD
 
PBR peoples biodiversity registar - Ranjan Shaw
PBR peoples biodiversity registar - Ranjan ShawPBR peoples biodiversity registar - Ranjan Shaw
PBR peoples biodiversity registar - Ranjan Shaw
 
Documentation of Biodiversity
Documentation of BiodiversityDocumentation of Biodiversity
Documentation of Biodiversity
 
Conservation of biodiversity acts and laws......
Conservation of biodiversity  acts and laws......Conservation of biodiversity  acts and laws......
Conservation of biodiversity acts and laws......
 
Protection of plant varieties and farmers right
Protection of plant varieties and farmers rightProtection of plant varieties and farmers right
Protection of plant varieties and farmers right
 
Para-taxonomy &.pptx
Para-taxonomy &.pptxPara-taxonomy &.pptx
Para-taxonomy &.pptx
 
Presentation1 fianal 29th nov.pptx
Presentation1 fianal 29th nov.pptxPresentation1 fianal 29th nov.pptx
Presentation1 fianal 29th nov.pptx
 
The biological diversity act
The biological diversity actThe biological diversity act
The biological diversity act
 
Biodiversity conservation strategies
Biodiversity conservation strategiesBiodiversity conservation strategies
Biodiversity conservation strategies
 

More from PABOLU TEJASREE

APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...
APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...
APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...
PABOLU TEJASREE
 
Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...
PABOLU TEJASREE
 
Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...
PABOLU TEJASREE
 
High-value pleiotropic genes for developing multiple stress-tolerant biofort...
High-value pleiotropic genes for developing multiple stress-tolerant  biofort...High-value pleiotropic genes for developing multiple stress-tolerant  biofort...
High-value pleiotropic genes for developing multiple stress-tolerant biofort...
PABOLU TEJASREE
 
BREEDING FOR RESISTANCE TO BIOTIC STRESS.pptx
BREEDING FOR RESISTANCE TO BIOTIC STRESS.pptxBREEDING FOR RESISTANCE TO BIOTIC STRESS.pptx
BREEDING FOR RESISTANCE TO BIOTIC STRESS.pptx
PABOLU TEJASREE
 
cytogenomics tools and techniques and chromosome sorting.pptx
cytogenomics tools and techniques and chromosome sorting.pptxcytogenomics tools and techniques and chromosome sorting.pptx
cytogenomics tools and techniques and chromosome sorting.pptx
PABOLU TEJASREE
 
GENETIC GAIN BY GENOMIC SELECTION PPT.pptx
GENETIC GAIN BY GENOMIC SELECTION PPT.pptxGENETIC GAIN BY GENOMIC SELECTION PPT.pptx
GENETIC GAIN BY GENOMIC SELECTION PPT.pptx
PABOLU TEJASREE
 
QTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptx
QTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptxQTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptx
QTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptx
PABOLU TEJASREE
 
FUNDAMENTALS OF PATENT AND COPY RIGHT.pptx
FUNDAMENTALS OF PATENT AND COPY RIGHT.pptxFUNDAMENTALS OF PATENT AND COPY RIGHT.pptx
FUNDAMENTALS OF PATENT AND COPY RIGHT.pptx
PABOLU TEJASREE
 
KARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptx
KARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptxKARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptx
KARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptx
PABOLU TEJASREE
 
D2 analysis & it's Interpretation
D2 analysis & it's InterpretationD2 analysis & it's Interpretation
D2 analysis & it's Interpretation
PABOLU TEJASREE
 
Hardy weinberg equilibrium
Hardy weinberg equilibrium Hardy weinberg equilibrium
Hardy weinberg equilibrium
PABOLU TEJASREE
 
Salinity stress Resistant Mechanisms
Salinity stress  Resistant MechanismsSalinity stress  Resistant Mechanisms
Salinity stress Resistant Mechanisms
PABOLU TEJASREE
 
Somatic hybridization and Protoplast Isolation
Somatic hybridization and Protoplast IsolationSomatic hybridization and Protoplast Isolation
Somatic hybridization and Protoplast Isolation
PABOLU TEJASREE
 
Root excudates and their role in nutrition
Root excudates and their role in nutritionRoot excudates and their role in nutrition
Root excudates and their role in nutrition
PABOLU TEJASREE
 
stability for grain yield in Finger millet
 stability for grain yield in Finger millet stability for grain yield in Finger millet
stability for grain yield in Finger millet
PABOLU TEJASREE
 

More from PABOLU TEJASREE (16)

APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...
APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...
APPLICATIONS OF SEQUENCE INFORMATION-STRUCTURAL,FUNCTIONAL,COMPARATIVE GENOMI...
 
Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...
 
Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...Agrobacterium and other methods of plant transformation including gene gun, i...
Agrobacterium and other methods of plant transformation including gene gun, i...
 
High-value pleiotropic genes for developing multiple stress-tolerant biofort...
High-value pleiotropic genes for developing multiple stress-tolerant  biofort...High-value pleiotropic genes for developing multiple stress-tolerant  biofort...
High-value pleiotropic genes for developing multiple stress-tolerant biofort...
 
BREEDING FOR RESISTANCE TO BIOTIC STRESS.pptx
BREEDING FOR RESISTANCE TO BIOTIC STRESS.pptxBREEDING FOR RESISTANCE TO BIOTIC STRESS.pptx
BREEDING FOR RESISTANCE TO BIOTIC STRESS.pptx
 
cytogenomics tools and techniques and chromosome sorting.pptx
cytogenomics tools and techniques and chromosome sorting.pptxcytogenomics tools and techniques and chromosome sorting.pptx
cytogenomics tools and techniques and chromosome sorting.pptx
 
GENETIC GAIN BY GENOMIC SELECTION PPT.pptx
GENETIC GAIN BY GENOMIC SELECTION PPT.pptxGENETIC GAIN BY GENOMIC SELECTION PPT.pptx
GENETIC GAIN BY GENOMIC SELECTION PPT.pptx
 
QTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptx
QTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptxQTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptx
QTL MAPPING AND APPROACHES IN BIPARENTAL MAPPING POPULATIONS.pptx
 
FUNDAMENTALS OF PATENT AND COPY RIGHT.pptx
FUNDAMENTALS OF PATENT AND COPY RIGHT.pptxFUNDAMENTALS OF PATENT AND COPY RIGHT.pptx
FUNDAMENTALS OF PATENT AND COPY RIGHT.pptx
 
KARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptx
KARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptxKARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptx
KARYOTYPING, CHROMOSOME BANDING AND CHROMOSOME PAINTING.pptx
 
D2 analysis & it's Interpretation
D2 analysis & it's InterpretationD2 analysis & it's Interpretation
D2 analysis & it's Interpretation
 
Hardy weinberg equilibrium
Hardy weinberg equilibrium Hardy weinberg equilibrium
Hardy weinberg equilibrium
 
Salinity stress Resistant Mechanisms
Salinity stress  Resistant MechanismsSalinity stress  Resistant Mechanisms
Salinity stress Resistant Mechanisms
 
Somatic hybridization and Protoplast Isolation
Somatic hybridization and Protoplast IsolationSomatic hybridization and Protoplast Isolation
Somatic hybridization and Protoplast Isolation
 
Root excudates and their role in nutrition
Root excudates and their role in nutritionRoot excudates and their role in nutrition
Root excudates and their role in nutrition
 
stability for grain yield in Finger millet
 stability for grain yield in Finger millet stability for grain yield in Finger millet
stability for grain yield in Finger millet
 

Recently uploaded

Topic: SICKLE CELL DISEASE IN CHILDREN-3.pdf
Topic: SICKLE CELL DISEASE IN CHILDREN-3.pdfTopic: SICKLE CELL DISEASE IN CHILDREN-3.pdf
Topic: SICKLE CELL DISEASE IN CHILDREN-3.pdf
TinyAnderson
 
Direct Seeded Rice - Climate Smart Agriculture
Direct Seeded Rice - Climate Smart AgricultureDirect Seeded Rice - Climate Smart Agriculture
Direct Seeded Rice - Climate Smart Agriculture
International Food Policy Research Institute- South Asia Office
 
Sharlene Leurig - Enabling Onsite Water Use with Net Zero Water
Sharlene Leurig - Enabling Onsite Water Use with Net Zero WaterSharlene Leurig - Enabling Onsite Water Use with Net Zero Water
Sharlene Leurig - Enabling Onsite Water Use with Net Zero Water
Texas Alliance of Groundwater Districts
 
Oedema_types_causes_pathophysiology.pptx
Oedema_types_causes_pathophysiology.pptxOedema_types_causes_pathophysiology.pptx
Oedema_types_causes_pathophysiology.pptx
muralinath2
 
Equivariant neural networks and representation theory
Equivariant neural networks and representation theoryEquivariant neural networks and representation theory
Equivariant neural networks and representation theory
Daniel Tubbenhauer
 
在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样
在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样
在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样
vluwdy49
 
Eukaryotic Transcription Presentation.pptx
Eukaryotic Transcription Presentation.pptxEukaryotic Transcription Presentation.pptx
Eukaryotic Transcription Presentation.pptx
RitabrataSarkar3
 
Basics of crystallography, crystal systems, classes and different forms
Basics of crystallography, crystal systems, classes and different formsBasics of crystallography, crystal systems, classes and different forms
Basics of crystallography, crystal systems, classes and different forms
MaheshaNanjegowda
 
aziz sancar nobel prize winner: from mardin to nobel
aziz sancar nobel prize winner: from mardin to nobelaziz sancar nobel prize winner: from mardin to nobel
aziz sancar nobel prize winner: from mardin to nobel
İsa Badur
 
Describing and Interpreting an Immersive Learning Case with the Immersion Cub...
Describing and Interpreting an Immersive Learning Case with the Immersion Cub...Describing and Interpreting an Immersive Learning Case with the Immersion Cub...
Describing and Interpreting an Immersive Learning Case with the Immersion Cub...
Leonel Morgado
 
Applied Science: Thermodynamics, Laws & Methodology.pdf
Applied Science: Thermodynamics, Laws & Methodology.pdfApplied Science: Thermodynamics, Laws & Methodology.pdf
Applied Science: Thermodynamics, Laws & Methodology.pdf
University of Hertfordshire
 
Authoring a personal GPT for your research and practice: How we created the Q...
Authoring a personal GPT for your research and practice: How we created the Q...Authoring a personal GPT for your research and practice: How we created the Q...
Authoring a personal GPT for your research and practice: How we created the Q...
Leonel Morgado
 
Sciences of Europe journal No 142 (2024)
Sciences of Europe journal No 142 (2024)Sciences of Europe journal No 142 (2024)
Sciences of Europe journal No 142 (2024)
Sciences of Europe
 
mô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốt
mô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốtmô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốt
mô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốt
HongcNguyn6
 
ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...
ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...
ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...
Advanced-Concepts-Team
 
Phenomics assisted breeding in crop improvement
Phenomics assisted breeding in crop improvementPhenomics assisted breeding in crop improvement
Phenomics assisted breeding in crop improvement
IshaGoswami9
 
NuGOweek 2024 Ghent programme overview flyer
NuGOweek 2024 Ghent programme overview flyerNuGOweek 2024 Ghent programme overview flyer
NuGOweek 2024 Ghent programme overview flyer
pablovgd
 
Medical Orthopedic PowerPoint Templates.pptx
Medical Orthopedic PowerPoint Templates.pptxMedical Orthopedic PowerPoint Templates.pptx
Medical Orthopedic PowerPoint Templates.pptx
terusbelajar5
 
Bob Reedy - Nitrate in Texas Groundwater.pdf
Bob Reedy - Nitrate in Texas Groundwater.pdfBob Reedy - Nitrate in Texas Groundwater.pdf
Bob Reedy - Nitrate in Texas Groundwater.pdf
Texas Alliance of Groundwater Districts
 
ESR spectroscopy in liquid food and beverages.pptx
ESR spectroscopy in liquid food and beverages.pptxESR spectroscopy in liquid food and beverages.pptx
ESR spectroscopy in liquid food and beverages.pptx
PRIYANKA PATEL
 

Recently uploaded (20)

Topic: SICKLE CELL DISEASE IN CHILDREN-3.pdf
Topic: SICKLE CELL DISEASE IN CHILDREN-3.pdfTopic: SICKLE CELL DISEASE IN CHILDREN-3.pdf
Topic: SICKLE CELL DISEASE IN CHILDREN-3.pdf
 
Direct Seeded Rice - Climate Smart Agriculture
Direct Seeded Rice - Climate Smart AgricultureDirect Seeded Rice - Climate Smart Agriculture
Direct Seeded Rice - Climate Smart Agriculture
 
Sharlene Leurig - Enabling Onsite Water Use with Net Zero Water
Sharlene Leurig - Enabling Onsite Water Use with Net Zero WaterSharlene Leurig - Enabling Onsite Water Use with Net Zero Water
Sharlene Leurig - Enabling Onsite Water Use with Net Zero Water
 
Oedema_types_causes_pathophysiology.pptx
Oedema_types_causes_pathophysiology.pptxOedema_types_causes_pathophysiology.pptx
Oedema_types_causes_pathophysiology.pptx
 
Equivariant neural networks and representation theory
Equivariant neural networks and representation theoryEquivariant neural networks and representation theory
Equivariant neural networks and representation theory
 
在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样
在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样
在线办理(salfor毕业证书)索尔福德大学毕业证毕业完成信一模一样
 
Eukaryotic Transcription Presentation.pptx
Eukaryotic Transcription Presentation.pptxEukaryotic Transcription Presentation.pptx
Eukaryotic Transcription Presentation.pptx
 
Basics of crystallography, crystal systems, classes and different forms
Basics of crystallography, crystal systems, classes and different formsBasics of crystallography, crystal systems, classes and different forms
Basics of crystallography, crystal systems, classes and different forms
 
aziz sancar nobel prize winner: from mardin to nobel
aziz sancar nobel prize winner: from mardin to nobelaziz sancar nobel prize winner: from mardin to nobel
aziz sancar nobel prize winner: from mardin to nobel
 
Describing and Interpreting an Immersive Learning Case with the Immersion Cub...
Describing and Interpreting an Immersive Learning Case with the Immersion Cub...Describing and Interpreting an Immersive Learning Case with the Immersion Cub...
Describing and Interpreting an Immersive Learning Case with the Immersion Cub...
 
Applied Science: Thermodynamics, Laws & Methodology.pdf
Applied Science: Thermodynamics, Laws & Methodology.pdfApplied Science: Thermodynamics, Laws & Methodology.pdf
Applied Science: Thermodynamics, Laws & Methodology.pdf
 
Authoring a personal GPT for your research and practice: How we created the Q...
Authoring a personal GPT for your research and practice: How we created the Q...Authoring a personal GPT for your research and practice: How we created the Q...
Authoring a personal GPT for your research and practice: How we created the Q...
 
Sciences of Europe journal No 142 (2024)
Sciences of Europe journal No 142 (2024)Sciences of Europe journal No 142 (2024)
Sciences of Europe journal No 142 (2024)
 
mô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốt
mô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốtmô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốt
mô tả các thí nghiệm về đánh giá tác động dòng khí hóa sau đốt
 
ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...
ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...
ESA/ACT Science Coffee: Diego Blas - Gravitational wave detection with orbita...
 
Phenomics assisted breeding in crop improvement
Phenomics assisted breeding in crop improvementPhenomics assisted breeding in crop improvement
Phenomics assisted breeding in crop improvement
 
NuGOweek 2024 Ghent programme overview flyer
NuGOweek 2024 Ghent programme overview flyerNuGOweek 2024 Ghent programme overview flyer
NuGOweek 2024 Ghent programme overview flyer
 
Medical Orthopedic PowerPoint Templates.pptx
Medical Orthopedic PowerPoint Templates.pptxMedical Orthopedic PowerPoint Templates.pptx
Medical Orthopedic PowerPoint Templates.pptx
 
Bob Reedy - Nitrate in Texas Groundwater.pdf
Bob Reedy - Nitrate in Texas Groundwater.pdfBob Reedy - Nitrate in Texas Groundwater.pdf
Bob Reedy - Nitrate in Texas Groundwater.pdf
 
ESR spectroscopy in liquid food and beverages.pptx
ESR spectroscopy in liquid food and beverages.pptxESR spectroscopy in liquid food and beverages.pptx
ESR spectroscopy in liquid food and beverages.pptx
 

National Biodiversity protection initiatives and Convention on Biological Diversity

  • 1. ACHARYA N.G. RANGA AGRICULTURAL UNIVERSITY S. V. AGRICULTURAL COLLEGE, TIRUPATI DEPARTMENT OF GENETICS AND PLANT BREEDING COURSE NO : GPB 609 COURSE TITLE : IPR AND REGULATORY MECHANISM TOPIC : Lecture No.13. National Biodiversity protection initiatives and Lecture No.14. Convention on Biological Diversity Submitted to: Dr. M. Shanthi Priya Professor & Head Dept. of Genetics and Plant Breeding S. V. Agricultural College, Tirupati Submitted by: P. Tejasree TAD/2023-10 PhD (Ag) 1st Year Dept. of GPBR
  • 2. Lecture No.13. National Biodiversity Protection Initiatives Biological Diversity Act, 2002 The Biological Diversity Act, 2002 was passed by the parliament of India to protect biodiversity and facilitate the sustainable management of biological resources with the local communities. The Act was enacted to meet the requirements stipulated by the United Nations Convention on Biological Diversity (CBD), to which India is a party. Overview of the Biological Diversity Act 2002 The Act’s main objective is to ensure the conservation of biological diversity, sustainable use of its components and fair usage of its resources in order to prevent overuse or eventual destruction of biodiversity. Since India is one of the most biologically diverse nations in the world, this act is a necessity to protect its biological heritage. The salient features of the Biological Diversity Act are as follows. • Regulation of access to biological resources of the country • Conservation and sustainability of biological diversity • Protecting the knowledge of local communities regarding biodiversity • Secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resources • Protection and rehabilitation of threatened species • Involvement of institutions of state governments in the broad scheme of the implementations of the Biological Diversity Act through the establishment of dedicated committees. Any offense under this Act is non-boilable and cognizable • Any grievances related to the determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act shall be taken to the National Green Tribunal (NGT). Find the list of Important Acts in India by visiting the linked article. Exemptions from the Biological Diversity Act • The Act excludes Indian biological resources that are normally traded as commodities. • Such exemption holds only so far the biological resources are used as commodities and for no other purpose.
  • 3. The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research projects between Indian and foreign institutions with the approval of the central government. Uses by cultivators and breeds, e.g. farmers, livestock keepers and beekeepers and traditional healers e.g.vaids and hakims are also exempted. National Biodiversity Authority In order to carry out the provisions of the act, the National Biodiversity Authority (NBA) had been set up under the Ministry of Environments and Forest by the Government of India in 2003. The NBA is a statutory, autonomous body headquartered in Chennai. State Biodiversity Boards (SBB) were also created in the 29 states along with Biological management committees for each local body. Under this act, the Central Government in consultation with the NBA: • Shall notify threatened species and prohibit or regulate their collection, rehabilitation, and conservation. Check out the IUCN Red list to know more about endangered species. • Designate institutions as repositories for different categories of biological resources The functions of the National Biodiversity Authority are as follows • Monitoring and prevention of actions prohibited under the Act. • Providing advice to the government on how best to conserve biodiversity in India. • Prepare a report on how the government can select biological heritage sites. • Make concrete steps to prevent the grant of intellectual property rights regarding locally used biological resources or allied traditional knowledge. Structure of the NBA The National Biodiversity Authority consists of the following members to be appointed by the central government, namely: • A Chairperson. • Three ex officio members, one representing the Ministry dealing with Tribal Affairs and two representing the Ministry dealing with Environment and Forests. • Seven ex-officio members to represent respectively the Ministries of the Central Government dealing with: • Agricultural Research and Education • Biotechnology • Ocean Development
  • 4. • Agriculture and Cooperation • Indian Systems of Medicine and Homoeopathy • Science and Technology • Scientific and Industrial Research; To know more about Intellectual Property Rights in India, visit the linked article Should any Foreign individuals or corporate body seek to obtain knowledge or allied resources for the purpose of research, survey, and commercial utilization, then they need to take permission from the NBA. Indian citizens or corporates seeking to the same need to take permission from their respective State Biodiversity Boards. The outcome of research that had utilized biological resources from India cannot be given to a foreigner or a foreign company without the consent of the NBA. But such approval is not required for the publication of the research in a journal done by institutions that affiliated with the Central Government or approved by it. State Biodiversity Boards (SBBs) The SBBs are established by the State Governments in accordance with Section 22 of the Act and deal with all matters relating to access by Indians for commercial purposes. Functions of SBBs • Advising the State Government on matters of biodiversity and its equitable distribution or on matters relating to the conservation, sustainable use or sharing equitable benefits. • Regulate granting of approvals or otherwise requests for commercial utilization or bio- survey and bio-utilization of any biological resource by people. Structure of SSBs The State Biodiversity Board consists of the following members: • A Chairperson • Not more than five ex officio members to represent the concerned Departments of the State Government • Not more than five members from amongst experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources. • All the members of the SBB are appointed by the respective State Governments.
  • 5. Biodiversity Management Committees (BMCs) According to Section 41 of the Act, every local body shall constitute the BMC within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including: • Preservation of habitats • Conservation of Landraces • Folk varieties and cultivars • Domesticated stocks and breeds of animals • Microorganisms and chronicling of knowledge relating to biological diversity Functions of BMC • To prepare the People’s Biodiversity Register in consultation with the local people. People’s Biodiversity Registers (PBR) • The PBRs focus on participatory documentation of local biodiversity, traditional knowledge and practices. They are seen as key legal documents in ascertaining the rights of local people over the biological resources and associated traditional knowledge. • The register shall contain comprehensive information on the availability and knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with them. • To provide education and awareness on Biodiversity building • Eco‐restoration of the local biodiversity • Providing feedback to the SBB in the matter of IPR, Traditional Knowledge and local Biodiversity issues, wherever feasible and essential feedback to be provided to the NBA. • Conservation of traditional varieties/breeds of economically important plants/animals. • Management of Heritage Sites including Heritage Trees, Animals/ Microorganisms, etc., and Sacred Groves and Sacred Waterbodies. Check out the list of UNESCO world heritage sites in India on the linked page. Structure • A chairperson and not more than 6 persons nominated by the local body. • Out of total members of a BMC, not less than one third should be women and not less than 18% should belong to the Scheduled Castes/ Scheduled Tribes. • The Chairperson of the BMC shall be elected from amongst the members of the committee in a meeting to be chaired by the Chairperson of the local body. • The chairperson of the local body shall have the casting votes in case of a tie.
  • 6. Drivers posing challenges to genetic diversity • Direct drivers - Climate change - Natural resource availability - Overuse of agricultural chemicals - Land-use changes • Indirect drivers - Demography (world population growth, migrations, food demand, quality and nutrition), - Economy (globalization, market, and trade forces), - Socio politics (consumption choices, and policies, institutional and legal frameworks), and - Science and technology (use of modern breeding techniques in isolation) Leading to - o food and nutritional insecurity o poverty due to low farm incomes o poor ecosystem services & vulnerability to climate change Why there is need of ABS (access and benefit sharing) • Large part of the world’s biodiversity is in poor countries (mega-biodiverse countries) • Huge quantities of bio-resources are being collected; but not properly priced. • Local communities are involved (hard work and unique knowledge), but have limited direct benefits of collection and/or use. • User groups are diverse (regional, national, MNCs) • Domestic and international bio-resources markets are imperfect • Bio-resources are being overexploited in the absence of effective implementation of sustainable use measures • Institutional and legal efforts are in place, but awareness is limited • Bio-resources transaction happen in India at the collection point that are traditional in fashion with limited knowledge and information about provider/sellers and buyers • Prices of bio-resources are generally inaccurate • Local communities are exploited due to negligible/low price paid by those who source the resources. But … o Local communities have huge stake in these resources (collection, conservation, management and sustainable use) o They need to be supported to promote these objective through innovative actions o Access and Benefit Sharing (ABS) is an emerging option under the guidelines of Convention of Biological Diversity (CBD) and the Biological Diversity Act of India (2002).
  • 7. The Biological Diversity Act, 2002 12 Chapters, 65 Sections & Many Subsections Principals of the Act ▪ Sovereign Rights of India over its biodiversity ▪ Stop bio-piracy ▪ Regulation of Access to genetic resources and associated knowledge by foreign individuals, institutions or companies ▪ Provide access on Mutually Agreed Term (MAT) based on Prior Informed Consent (PIC) and fair equitable sharing of the benefits arising from the utilization of genetic resources ▪ Protect the biodiversity of India occurring outside the Protected areas Scope of the Biological Diversity Act 2002 • Biological resources and associated knowledge • Transfer of research results • Transfer of already accessed biological resources/Associated knowledge The Structures of Biodiversity Act- 2002 — National Biodiversity Authority (NBA): All matters relating to requests for access by foreign individuals, institutions or companies, and all matters relating to transfer of results of research to any foreigner will be dealt with by the National Biodiversity Authority. — State Biodiversity Boards (SBB): All matters relating to access by Indians for commercial purposes will be under the purview of the State Biodiversity Boards (SBB). The Indian industry will be required to provide prior intimation to the concerned SBB about the use of biological resource. The State Board will have the power to restrict any such activity, which violates the objectives of conservation, sustainable use and equitable sharing of benefits. — Biodiversity Management Committees (BMCs): Institutions of local self government will be required to set up Biodiversity Management Committees in their respective areas for conservation, sustainable use, documentation of biodiversity and chronicling of knowledge relating to biodiversity. Regulation of Access to Biodiversity
  • 8. • There are no restrictions on local communities, limited restrictions on Indians and stronger restrictions on foreign nationals and entities for obtaining biological materials • Result of biodiversity related research not to be transferred to certain persons without approval of NBA (Transfer does not include research papers, dissemination of knowledge in seminar or workshop, collaborative projects approve by Govt. of India) • Application of IPR, all parties are obliged to seek the approval of NBA who may impose monetary or non-monetary benefit sharing. Restriction for access • The Act imposes certain restrictions on request related to access to biological resources and traditional knowledge if the request is on • Endangered , endemic and rare taxa • Likely adverse effects on the livelihood of the local people • Adverse and irrecoverable environmental impact • Cause genetic erosion or affect ecosystem function • Purpose contrary to national interests and other related international agreements to which India is Party Transfer of biological resource or knowledge • No person who have been granted permission to access • Bio-resources / knowledge - shall transfer to third party without knowledge of NBA • NBA can grant permission with term and conditions as it may deem fit including royalty • The NBA shall give public notice of every such approval Determination of Equitable Benefit-Sharing The conditions for equitable benefit sharing arising should be on mutual agreed terms. It can be • Joint ownership of IPR to NBA or benefit claimers • Transfer of technology • Location of development units in such areas which will facilitate better living standards • Setting up of venture capital fund • Association of Indian scientists, benefit claimers and the local people • Payment of monetary compensation and non monitory benefits to benefit claimers. Exemptions under the Act Act provides exemption of certain activities from its purview : • To local people and community for free access to use bioresources within India. • To growers and cultivators, vaids and hakims (practitioners of traditional medicinal systems) to use bio resources.
  • 9. • To biological resources, normally traded as commodities notified by the Central Government under section 40 of the Act. • To collaborative research through government-sponsored institutes subject to conformity with guidelines and approval of the Central / State Governments. • To access value added products. • For research by Indians in India. Article 15 of the CBD set out rules for governing ABS. Under this, Governments have two responsibilities: 1. Creating an enabling environment to access bio-resources in an environmentally sound manner 2. Ensure the benefits from the use are shared fairly and equitably (Providers of resources receive fair benefits from their users). Definition (S. 2) (c) Biological resources means plants, animals and microorganisms or parts thereof, their genetic material and byproducts (excluding value added products) with actual or potential use or value, but does not include human genetic material. (d) Bio-survey and bio-utilization means survey or collection of species, subspecies, genes, components and extracts of biological resource for any purpose and includes characterisation, inventorisation and bioassay. (f) Commercial utilization means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours,fragrance, cosmetics, emulsifiers, oleoresins,colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry,dairy farming, animal husbandry or bee keeping. (m) Research means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use. Lecture No.14. Convention on Biological Diversity Convention on Biodiversity (CBD) • Bio-diversity: The variability among living organisms from all sources including, inter alia (among other things), terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. The three preambles of Biodiversity are: • Conservation of Biodiversity
  • 10. • Sustainable use of Biodiversity and leaving enough for the future generations. • Fair and equitable sharing of Profits arising out of the use of biodiversity The convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993. It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol. The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international treaty governing the movements of living modified organisms (LMOs) resulting from modern biotechnology from one country to another. It was adopted on 29 January 2000 as a supplementary agreement to the CBD and entered into force on 11 September 2003. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is another supplementary agreement to the CBD. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014. 2010 was also the International Year of Biodiversity, and the Secretariat of the CBD was its focal point. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020 as the United Nations Decade on Biodiversity in December 2010. The convention's Strategic Plan for Biodiversity 2011-2020, created in 2010, include the Aichi Biodiversity Targets. International bodies established under CBD Conference of the Parties (COP) The convention's governing body is the Conference of the Parties (COP), consisting of all governments (and regional economic integration organizations) that have ratified the treaty. This ultimate authority reviews progress under the convention, identifies new priorities, and sets work plans for members. The COP can also make amendments to the convention, create expert advisory bodies, review progress reports by member nations, and collaborate with other international organizations and agreements. The Conference of the Parties uses expertise and support from several other bodies that are established by the convention. In addition to committees or mechanisms established on an ad hoc basis, the main organs are: CBD Secretariat
  • 11. The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP, the United Nations Environment Programme. Its main functions are to organize meetings, draft documents, assist member governments in the implementation of the programme of work, coordinate with other international organizations, and collect and disseminate information. Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA) The SBSTTA is a committee composed of experts from member governments competent in relevant fields. It plays a key role in making recommendations to the COP on scientific and technical issues. International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) The International Treaty on Plant Genetic Resources for Food and Agriculture (also known as ITPGRFA, International Seed Treaty or Plant Treaty, is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in Madrid, and entered into force on 29 June 2004. The Treaty establishes the Multilateral System of Access and Benefit-sharing to facilitate plant germplasm exchanges and benefit sharing through Standard Material Transfer Agreement (SMTA). The treaty was negotiated by the Food and Agriculture Organization of the United Nations (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA) and since 2006 has its own Governing Body under the aegis of the FAO International Treaty on Plant Genetic Resources for Food and Agriculture Food and Agriculture Organization of the United Nations (FAO) headquarters, Rome, Italy ARTICLE 8 | In-situ Conservation Each Contracting Party shall, as far as possible and as appropriate: (a) Establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity; (b) Develop, where necessary, guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity; (c) Regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; (d) Promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings;
  • 12. (e) Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas; (f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies; (g) Establish or maintain means to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account the risks to human health; (h) Prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; (i) Endeavour to provide the conditions needed for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components; (j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of 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; (k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations; (l) Where a significant adverse effect on biological diversity has been determined pursuant to Article 7, regulate or manage the relevant processes and categories of activities (m) Cooperate in providing financial and other support for in-situ conservation ARTICLE 9 .Ex-situ Conservation Each Contracting Party shall, as far as possible and as appropriate, and predominantly for the purpose of complementing in-situ measures: (a) Adopt measures for the ex-situ conservation of components of biological diversity, preferably in the country of origin of such components; (b) Establish and maintain facilities for ex-situ conservation of and research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources; (c) Adopt measures for the recovery and rehabilitation of threatened species and for their reintroduction into their natural habitats under appropriate conditions;
  • 13. (d) Regulate and manage collection of biological resources from natural habitats for ex situ conservation purposes so as not to threaten ecosystems and in-situ populations of species, except where special temporary ex-situ measures are required under subparagraph (c) above; and (e) Cooperate in providing financial and other support for ex-situ conservation outlined in subparagraphs (a)–(d) above and in the establishment and maintenance of ex-situ conservation facilities in developing countries. ARTICLE 10 .Sustainable Use of Components of Biological Diversity Each Contracting Party shall, as far as possible and as appropriate: (a) Integrate consideration of the conservation and sustainable use of biological resources into national decision-making; (b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity; (c) Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements; (d) Support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced; and (e) Encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources. Article 1. Objectives 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 International Treaty on Plant Genetic Resources for Food and Agriculture – adopted in November 2001 – entered into force on 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 The convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993. The United States is the only UN member state which has not ratified the convention.[1] It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol.
  • 14. The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international treaty governing the movements of living modified organisms (LMOs) resulting from modern biotechnology from one country to another. It was adopted on 29 January 2000 as a supplementary agreement to the CBD and entered into force on 11 September 2003. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is another supplementary agreement to the CBD. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014. 2010 was also the International Year of Biodiversity, and the Secretariat of the CBD was its focal point. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020 as the United Nations Decade on Biodiversity in December 2010. The convention's Strategic Plan for Biodiversity 2011-2020, created in 2010, include the Aichi Biodiversity Targets. Some of the many issues dealt with under the convention include:[5] • Measures the incentives for the conservation and sustainable use of biological diversity. • Regulated access to genetic resources and traditional knowledge, including Prior Informed Consent of the party providing resources. • 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 (governments and/or local communities that provided the traditional knowledge or biodiversity resources utilized). • Access to and transfer of technology, including biotechnology, to the governments and/or local communities that provided traditional knowledge and/or biodiversity resources. • Technical and scientific cooperation. • Coordination of a global directory of taxonomic expertise (Global Taxonomy Initiative). • Impact assessment. • Education and public awareness. • Provision of financial resources. • National reporting on efforts to implement treaty commitments. International bodies established under CBD Conference of the Parties (COP) The convention's governing body is the Conference of the Parties (COP), consisting of all governments (and regional economic integration organizations) that have ratified the treaty. This ultimate authority reviews progress under the convention, identifies new priorities, and sets work plans for members. The COP can also make amendments to the
  • 15. convention, create expert advisory bodies, review progress reports by member nations, and collaborate with other international organizations and agreements. The Conference of the Parties uses expertise and support from several other bodies that are established by the convention. In addition to committees or mechanisms established on an ad hoc basis, the main organs are: CBD Secretariat The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP, the United Nations Environment Programme. Its main functions are to organize meetings, draft documents, assist member governments in the implementation of the programme of work, coordinate with other international organizations, and collect and disseminate information. Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA) The SBSTTA is a committee composed of experts from member governments competent in relevant fields. It plays a key role in making recommendations to the COP on scientific and technical issues. International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) The International Treaty on Plant Genetic Resources for Food and Agriculture (also known as ITPGRFA, International Seed Treaty or Plant Treaty, is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in Madrid, and entered into force on 29 June 2004. The treaty recognises farmers' rights, subject to national laws to: a) the protection of traditional knowledge relevant to plant genetic resources for food and agriculture; b) the right to equitably participate in sharing benefits arising from the utilisation of plant genetic resources for food and agriculture; and c) the right to participate in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for food and agriculture. The Treaty establishes the Multilateral System of Access and Benefit-sharing to facilitate plant germplasm exchanges and benefit sharing through Standard Material Transfer Agreement (SMTA). The treaty was negotiated by the Food and Agriculture Organization of the
  • 16. United Nations (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA) and since 2006 has its own Governing Body under the aegis of the FAO International Treaty on Plant Genetic Resources for Food and Agriculture Food and Agriculture Organization of the United Nations (FAO) headquarters, Rome, Italy The instrument of ratification has to be deposited with the Director-General of FAO Challenges • Inadequate capacity of stakeholders, especially SBBs and BMCs • Building trust among stakeholders • Mainstreaming of biodiversity • Receipt of incomplete applications • Complexity of issues and no precedence elsewhere, no case laws • Monitoring the post approval compliance by the user of BR/AK • Utilization of Benefit sharing with the benefit claimers Harnessing Advantages of IPR IPR protection does not guarantee any economic benefit • Benefits accrued : economic value and marketability • Commercialization involves a considerable amount of risk • Public–private partnerships • Licensing, assignment and joint ventures Nevertheless, it would also require • Internal competence towards IPR governance • Negotiation with potential partners • Capability of assessing and evaluating IPR value • Assessment of impact / performance of the technology • Professional management of the IPR portfolio Faith and confidence for a mutually beneficial, long-lasting partnership. Success of IPR would depend upon • Quality of the technology generated • Marketability of the technology • Linkage between Public and Private sector • Competitive and strategic licensing • Monitoring of the licensed technologies • Professional portfolio management