The Work of the International Treaty on Plant Genetic Resources - Term Paper Example

The Work of the International Treaty on Plant Genetic Resources Introduction The International Treaty on Plant Genetic Resources for Food and Agriculture was adopted by the Food and Agriculture Organization (FAO) in 2001. The treaty came about as a consensus among member states. The process of coming up with the treaty took more than 15 sessions of the FAO commission on genetic resources for food and agriculture and its subsidiary bodies. The delegates were in charge of drafting the international understanding on plant genetic resources which had been adopted in 1983 to ensure that it was in agreement with the convention on biological diversity. The main objective of the treaty is to conserve and sustainably use plant genetic resources for food and agriculture. In addition, there must be fair and equitable sharing of the benefits that arise in the use of plant genetic resources (Curci 3). Achieving the main objectives of the treaty has several implications on the intellectual property rights. In addition, the treaty has several implications on the conservation of genetic resources. The general regime on access to genetic resources and benefits sharing are some of the provisions in the treaty that are relevant to the intellectual property rights. In the treaty, bilateral negotiations were made between genetic provider countries and other user countries. According to Biber-Klemn and Cottier (217), the main elements of the treaty include: the affirmation of the sovereign rights of the provider states over their genetic resources; the creation of environmentally friendly genetic resources that can bring benefits to user countries; and the access to a country’s genetic resources by other nations being subject to Prior Informed Consent (PIC). The access to and the transfer of genetic resources technology in the treaty states that countries engaging in the contract must cooperate subject to national legislation and international law (Lewinski 69). This is to ensure that such intellectual property rights are supportive and do not go against the established objectives of the treaty, according to Lewinski. The rights of farmers are also included in the treaty, particularly Article 9 of the treaty. Article 9 recognizes the contribution of local traditional communities and farmers to the conservation and development of plant genetic resources for the purpose of food and agriculture production. In addition, the article places the responsibility for the realization of the rights of farmers by the national governments. The contracting parties should ensure that there is protection and promotion of traditional knowledge that is in line with the objectives of PGRFA (Plant Genetic Resources for Food and Agriculture), rights of farmers to take part in the process equitably in the sharing of the benefits that result from the utilization of plant genetic resources for food and agriculture, and the right to participate in making important decisions on the conservation and the sustainable use of PGRFA (Curci 91). The provisions of article 9 are neutral considering the issue of the rights of farmers to save, exchange, sell farm-saved seed, and use. The privileges held by the farmers became a hotly contested issue during the negotiations. However, a compromise was reached that recognizes unreservedly that farmers may have such rights under national law. In the case where the farmers do not have the rights, they cannot be limited by the provisions of article 9 (Lewinski 126). A key focus of the treaty is the multilateral system access and benefit sharing that is contained in the contracting parties act. The main objective of the multilateral system is to make possible right to use of genetic resources of major forage species and food crops. The resources and benefits should be shared in a fair and equitable way as established in multilaterally agreed terms and conditions. Several countries demanded for the inclusion of a wide coverage of crops to be included in the multilateral system. However, there were countries that demanded for strictly limited list of most important crops to be incorporated in the multilateral system. In the end, the delegates involved in the negotiation process agreed on the list of crops. The crops were chosen based on their importance to world food security and their interdependence. Some of the crops that were not included in the list comprise soybeans, groundnuts, sugarcane, several fruits and tomato (Biber-Klemn and Cottier 217). Article 12.3 (d) states that the access of genetic resources from the Multilateral Systems (MLS) be subject to intellectual property or other laws that limit access to the genetic resources, or their genetic parts or components, “in the form received from the MLS” are not to be claimed (Curci 131). In essence, the acquisition of such genetic material obtained from the MLS can be subject to intellectual property rights that have been altered in some way, different from the form they were received from the MLS. Trade related aspects of intellectual property rights (TRIPs) The TRIPs agreement has several obligations that must be followed by member countries of World Trade Organization members. The obligations concern geographical indications of intellectual property rights, patents and trade secrets. In addition, the obligations also touch upon plant variety rights and the measures governing the use of intellectual property rights. Genetic resources have resulted in massive benefits in the economy and the business value for several providers and stakeholders (Curci 50). Business and plant genetic resources On the business side, genetic resources have been altered or modified by human beings, thus leading to business losses on the persons having intellectual property rights. Modifications on the current advancement in biotechnology can lead to industrial development as well as industrial collapse. In cases whereby the biotechnology invention does not have patent protection and is a copy of original intellectual property rights, the World Trade Organization has put in place TRIPs agreement that ensures that member states have patent protection for their technology. Further, the World Trade Organization does no allow discrimination in the agricultural field (Curci 50). Across the world, agriculture is not only the dominant economic activity but is also the main source of livelihood for several people. In addition, agriculture leads to national food security. Food security can only be achieved through the adoption of plant genetic resources. In the modern world, the developed economies rely on a system of extensive exchange of genetic material to meet the ever increasing agricultural research needs. The manners in which plant genetic resources are utilized have significant implications for national economic development, rural transformation and poverty eradication (USAID 27). Underdeveloped nations cannot engage in international business without the use of correct biotechnology. However, the biotechnology concerning plant genetic resources should not pose dangers to the environment as well for human consumption. The adoption of plant genetic resources can eliminate the ever rising food insecurity in the underdeveloped economies, especially those in the sub-Saharan Africa region. Sub-Saharan Africa is still considered one of the world’s major food deficit areas despite the majority of people engaging in agriculture. The agricultural systems being used in this region do not embrace current advancement in biotechnology that can bring about massive production of food crops to enhance national food security. Successful business in the international market requires effective adoption of the right biotechnology to bring about competitive agricultural products in the international market (“Breaking the Cycle of Food Crises: Famine Prevention in Ethiopia” 27). It is indisputable that PGRFA is the foundation of global food security. Moreover, the treaty is behind the backbone of several national economies in the sub-Saharan Africa region. Plant genetic resources, as contained in the PGRFA, comprise the diversity of genetic material that can bring food security in Africa and other parts of the universe as well as alleviating poverty. The diversity of genetic materials is contained in traditional varieties, modern biotechnology, crop wild relatives and other varieties. Genetic diversity ensures that farmers and plant breeders have options to progress in business. This can be achieved through selection and breeding new, unique and more productive crops that are resistant to perennial peats and diseases. What is more, the crops will be able to acclimatize to the ever changing ecological conditions in Africa and the rest of the universe. Genetic diversity in agriculture provides the natural and biological basis for human beings to meet the problems of global population growth and development of the economy (McManus 56). Conclusion The world trade organization should ensure that TRIPS agreement does not support and undermine the conservation of genetic resources. There should be a focus on the effects of intellectual property rights on equity, such as benefit sharing and prevention biopiracy. Biopiracy affects countries that have invested important resources in the development of their agricultural economies (Curci 50). State sovereignty should be fundamental principle in ensuring that there is no discrimination of intellectual property rights of other nations. The international laws governing plant genetic resources for food and agriculture should be founded on the notion that all states are juristically equal, and that there is no authority superior to states concerning intellectual property rights of biotechnology. One of the specific elements of state sovereignty should include the control of the natural, biological and genetic resources that are present in the areas under their jurisdiction. Finally, biotechnology in agriculture is important for those countries that want to engage in international business. Sub-Saharan countries need to solve food security problems that affect their citizens by using the right biotechnology. Poverty can only be alleviated through food security on the national level. Works Cited Biber-Klemn, Susette, and Thomas Cottier. Rights to Plant Genetic Resources And Traditional Knowledge: Basic Issues And Perspectives. New York: CABI, 2006. Print. “Breaking the Cycle of Food Crises: Famine Prevention in Ethiopia.” United States Agency for International Development. Washington, D. C., 2004. Print. Curci, Jonathan. The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property. London: Cambridge University Press, 2009. Print. Lewinski, Silke von. Indigenous Heritage and Intellectual Property: Genetic Resources, Traditional Knowledge, and Folklore. The Hague: Kluwer Law International, 2008. Print. Mcmanus, Charles R. Biodiversity and the Law: Intellectual Property, Biotechnology and Traditional Knowledge. London: Routledge, 2012. Print. Read More