International Treaty On Plant Genetic Resources For Food And Agriculture Research Articles

Customary practices in agriculture form the cultural and ecological backbone of India’s agrarian heritage. These practices—rooted in community-based seed exchange, biodiversity conservation, and indigenous ecological wisdom—have sustained rural livelihoods for centuries. However, with the emergence of modern intellectual property regimes, biotechnology, and commercialization of agriculture, traditional farming systems face increasing marginalization. This article offers a critical and grassroots-centered understanding of how Indian law recognizes and protects customary practices under the framework of farmers’ rights. By analyzing the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act), the Biological Diversity Act, 2002, and relevant international instruments such as the Convention on Biological Diversity (CBD) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), it explores the successes, tensions, and limitations of existing legal structures. The article concludes by emphasizing the need for participatory, gender-inclusive, and community-driven mechanisms to make farmers’ rights truly meaningful in practice.

Societal Impact StatementCurrent international laws surrounding accessing and sharing biological materials in botanic gardens is limiting their capacity to conserve, research, educate and raise public awareness about biodiversity. We set out an argument for using the access and benefit sharing arrangements of the International Treaty for Plant Genetic Resources for Food and Agriculture rather than the current Convention on Biodiversity. This will make the valuable materials of botanic gardens more accessible and useable while retaining the important equity and fairness imperatives under current arrangements. This is important because these materials will contribute to many future foods, feeds, fibres, materials and medicines.Summary We argue botanic gardens could mitigate the resource‐heavy and complex obligations involved in regulating acquisition and sharing materials under the United Nations Convention on Biodiversity (CBD) and its protocol by instead using the specialised scheme in the Food and Agriculture Organisation of the United Nations International Treaty for Plant Genetic Resources for Food and Agriculture (Plant Treaty). We set out the arguments exploring how the Plant Treaty could be used. This includes identifying the benefits for botanic gardens such as: (1) a public/common good (or common pool resource) rather than a private good/ownership ideology embedded in the CBD and its protocol; (2) a single Standard Material Transfer Agreement (SMTA) for every exchange with standard provenance and benefit sharing obligations; (3) broad coverage of plant materials including those acquired before the CBD entered into force on 29 December 1993 as well as materials collected after 1993 with unknown, uncertain or complicated provenance; and (4) access to a Benefit Sharing Fund that actively funds conservation projects, particularly in low‐income countries. We identify two options: Option 1 is for botanic gardens to rely on a strict and favourable legal interpretation of the Plant Treaty and start using the SMTA for exchanges of accessions; and Option 2 is to seek a decision from the Plant Treaty Governing Body endorsing botanic gardens bringing their accessions within the scope of the Plant Treaty. We favour Option 2 and set out a way forward building a political consensus among States supporting botanic gardens taking up the Plant Treaty for their accessions (the political licence).

Indonesia, sebagai negara megabiodiversitas, memiliki sumber daya genetik (SDG) yang berperan penting dalam berbagai sektor seperti ketahanan pangan, kesehatan, dan lingkungan. Dengan meratifikasi perjanjian internasional seperti Convention on Biological Diversity (CBD), Nagoya Protocol (NP), dan International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), Indonesia telah mengadopsi kerangka hukum untuk akses dan pembagian manfaat SDG. Artikel ini menganalisis mekanisme pengelolaan SDG Indonesia dalam konteks komersialisasi oleh negara lain serta mekanisme penyelesaian sengketa terkait. Melalui metode penelitian hukum normatif, kajian ini menunjukkan bahwa meskipun perjanjian internasional memberikan dasar hukum yang kuat, Indonesia menghadapi tantangan dalam implementasi. Terbatasnya sumber daya manusia, teknologi, dan infrastruktur mengurangi daya tawar Indonesia dalam negosiasi akses dan pembagian manfaat. Beberapa kasus, seperti pematenan tanaman lokal oleh perusahaan asing, menyoroti perlunya mekanisme perlindungan yang lebih efektif. Penelitian ini merekomendasikan penguatan kapasitas nasional melalui pengembangan regulasi domestik yang lebih terintegrasi, sistem pemantauan, serta peningkatan keterlibatan masyarakat adat. Dalam aspek penyelesaian sengketa, penting untuk memanfaatkan jalur negosiasi dan mediasi sebagaimana diatur dalam CBD, NP, dan ITPGRFA, dengan tetap memperhatikan perlindungan hak dan kepentingan nasional. Kesimpulannya, perlindungan dan pemanfaatan SDG secara adil dan berkelanjutan membutuhkan sinergi antara pemerintah, komunitas lokal, dan mitra internasional.

In the heart of Kenya's vibrant agricultural landscape lies a fundamental aspect crucial for food security, cultural heritage, and economic resilience: the right to seed. Embedded within the fabric of traditional farming practices, the right to seed encompasses the freedom of farmers to save, exchange, and utilize traditional and farmer-bred seeds. In Kenya, as in many other countries, this right is not only a legal concept but a cornerstone of agricultural sovereignty. However, its preservation faces challenges in the face of globalization, corporate interests, and evolving intellectual property regimes. Yet, amidst these challenges, significant strides are being made, with collaborative efforts at the global level, particularly through initiatives led by the Convention on Biological Diversity (CBD) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), aimed at promoting and protecting farmers' rights. Every smallholder farmer has the right to safe, nutritious and healthy food and the ability to sustain themselves and their societies with the existing endorsed resources. The concept of farmers’ rights came out as a subject of debate in international agricultural circles, spearheaded by the Food and Agriculture Organisation of the United Nations (FAO). This includes the right to save, use, exchange and sell farm-saved seed and propagating materials, the right to protect traditional knowledge among others. In developing countries, the right to seed is a fundamental aspect of agricultural sovereignty and food security. This still emulates the subject debate from FAO. However, attention in scientific literature and policy circles for both seeds and farmers’ rights are compromised. This paper employs mediation analysis to explore the causal relationship between seed rights, farmers' rights, and food sovereignty, highlighting the pivotal role of smallholder farmers in shaping sustainable food systems. The findings underscore the importance of inclusive policies that prioritize farmers' rights and empower local communities to sustainably manage their seed resources. Key words: Farmer-managed seeds, seed banks, Access, smallholder farmers and benefit-sharing

Pakistan's regulatory framework regarding Plant varieties presents a multifaceted challenge in the preservation of farmers' rights within the spheres of agricultural policy, intellectual property rights (IPRs), and the socio-economic landscape. This inquiry aims to analyze the current state of plant-related legislation in Pakistan, with a particular highlighting on the strategies employed to protect farmers' rights in the background of the rapidly changing global environment of intellectual property and agricultural methodologies. With the dawn of international accords such as the Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS)and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), Pakistan faces the imperative of aligning its domestic legal framework with global standards while ensuring the safeguarding of farmers' rights. The study concludes by recommending reforms at both institutional and policy levels that could strengthen Pakistan's legal framework in the protection of farmers' rights, particularly regarding the safeguarding of plant varieties.

Conservation, characterization and exploitation of agrobiodiversity are key factors to guarantee food security and face future challenges such as climate changes. These issues are the subject of a series of international agreements, such as the Convention of Biological Diversity, with its Nagoya Protocol, and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) adopted in 2001 and entered into force in 2004. Italy ratified the Treaty in 2004 and instituted a long-lasting program, RGV-FAO, to implement it. CREA is one of the three organizations involved in the RGV-FAO Program, together with the National Research Council (CNR) and Reti Semi Rurali. CREA maintains a total of 40,186 accessions including cereals, vegetables, fruits, forages, industrial crops, forest and woody crops, medicinal and aromatic plants, and their wild relatives. Accessions are conserved using different ex situ conservation systems (seeds, in vivo plants, vegetative organs and in vitro plantlets), and characterized using genetic, morpho-phenological and/or biochemical methods. Herein, we will present the CREA long-lasting program RGV-FAO with some examples of the use of plant genetic resources in breeding programs, including molecular approaches. Some critical issues related to access and benefit sharing in PGRFA, such as the Nagoya Protocol and the Digital Sequence Information, will be discussed, highlighting their potential impact on food security and on the advancement of knowledge.

This article examines the use of scientific arguments in negotiations on the status of Digital Sequence Information (DSI), focusing on the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), and the Pandemic Influenza Preparedness Framework (PIP). DSI is a placeholder term used in negotiations on the dematerialization of genetic resources: the ability to sequence “physical” genetic resources and use this “intangible” information, which radically changes research practices. The CBD (among other instruments) establishes rules for Access to the Genetic Resource and the Fair and Equitable Sharing of Benefits from their utilization (ABS). This applies to “physical” genetic resources, but it is not clear for DSI. Indeed, different legal interpretations and political narrative are conflicting over the integration of DSI into these legal frameworks. This article explores how science is used in these negotiations, particularly in its rhetorical and epistocratic dimensions. The methodology combines an interdisciplinary approach (legal technique, philosophy of law and science) and a comparative discourse analysis: on the terminology; the inclusion of DSI in the definition of genetic material; and the inclusion of DSI in ABS systems. While scientific arguments play a crucial role in this technical issue, this article shows that scientific arguments can be used to support political positions (under the guise of objectivity and neutrality), and that this use of scientific arguments is not consistent, even contradictory (between PIP and CBD/ITPGRFA).

Marginalised rural communities, particularly in tropical countries such as those within Southeast Asia, are often aware of the use of indigenous herbs and agricultural products but concomitantly oblivious as to the means of protection and promotion of using their traditional knowledge. It is estimated that around 1,500 plant species have been widely used for traditional medicines in Southeast Asia. The paper will commence with a discussion of the meaning of “traditional knowledge”, adopting a utilitarian perspective. The paper focuses on the countries of Southeast Asia and provides a legal analysis of the protection of traditional knowledge provided under international treaties, namely: Agreement on Trade-related Aspects of International Property Rights (TRIPS); International Convention for the Protection of New Varieties of Plants (UPOV), International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA); and the Convention on Biological Diversity (CBD). To date, the World Intellectual Property Organization (WIPO) has been unable to agree on the contents of an international legal instrument relating to intellectual property rights over genetic resources, traditional knowledge, and traditional culture. The legislative responses of the 11 nations of Southeast Asia are analysed. Much of the focus of international treaties is on protecting plant breeders’ rights over farmers’ rights, and this imbalance should be addressed. Governments should be proactive and amend their patent legislation to require patent applicants to declare their use of indigenous resources and knowledge. Examples of the development and promotion of traditional knowledge are briefly described.

Plant breeders develop competitive, high-yielding, resistant crop varieties that can cope with the challenges of biotic stresses and tolerate abiotic stresses, resulting in nutritious food for consumers worldwide. To achieve this, plant breeders need continuous and easy access to plant genetic resources (PGR) for trait screening, to generate new diversity that can be built into newly improved varieties. International agreements such as the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and the Nagoya Protocol recognised the sovereign rights of countries over their genetic resources. Under the CBD/Nagoya Protocol, countries are free to establish specific national legislations regulating germplasm access and benefit-sharing to be negotiated bilaterally. Consequently, access to PGR became increasingly restricted and cumbersome, resulting in a decrease in germplasm exchange. The ITPGRFA attempted to ease this situation by establishing a globally harmonised multilateral system (MLS). Unfortunately, the MLS is (still) restricted to a limited number of food and forage crops, with very few vegetable crops. Easy and continuous access to genetic diversity combined with equitable and fair sharing of derived benefits is a prerequisite to breeding new varieties. Facilitated access contributes to sustainable crop production and food and nutrition security; therefore, access to and, consequently, use of PGRFA needs to be improved. Thus, the authors recommend, among others, expanding the scope of the ITPGRFA to include all PGRFA and making them and all related information accessible under a Standard Material Transfer Agreement (SMTA) combined, if necessary, with a subscription system or a seed sales tax. Such a transparent, functional and efficient system would erase legal uncertainties and minimise transaction costs for conservers, curators and users of genetic resources, thus aiding plant breeders to fulfil their mission.

The Adapting Agriculture to Climate Change Project set out to improve the diversity, quantity, and accessibility of germplasm collections of crop wild relatives (CWR). Between 2013 and 2018, partners in 25 countries, heirs to the globetrotting legacy of Nikolai Vavilov, undertook seed collecting expeditions targeting CWR of 28 crops of global significance for agriculture. Here, we describe the implementation of the 25 national collecting programs and present the key results. A total of 4587 unique seed samples from at least 355 CWR taxa were collected, conserved ex situ, safety duplicated in national and international genebanks, and made available through the Multilateral System (MLS) of the International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty). Collections of CWR were made for all 28 targeted crops. Potato and eggplant were the most collected genepools, although the greatest number of primary genepool collections were made for rice. Overall, alfalfa, Bambara groundnut, grass pea and wheat were the genepools for which targets were best achieved. Several of the newly collected samples have already been used in pre-breeding programs to adapt crops to future challenges.

Historical concerns over the exploitation of the Global South’s genetic biodiversity framed the importance of creating global governance mechanisms to ensure fair access to and benefit-sharing of genetic resources worldwide. The Convention on Biological Diversity (CBD) and International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty) came into existence over the past three decades to redress the centuries of genetic exploitation of the Global South. Both of the treaties explicitly regulate and facilitate the exchange of physical genetic material. The recent emergence of relevant digital technologies, such as digital sequencing information (DSI), could make both treaties irrelevant. This article analyses the current state of the CBD and Plant Treaty as it relates to global agricultural research in light of DSI. I argue that DSI presents less of a threat to exacerbating historical gene flows than it does to the further displacement of public sector research by the private sector. The article then suggests looking at the lessons from open-source approaches to counter the privatisation of DSI and related gene flows. I draw on 11 key informant interviews with country negotiators involved with the CBD and Plant Treaty as well as a review of official reports from both frameworks.

Societal Impact StatementThe Fourth Industrial Revolution is underway. Controversy surrounds the choice of modality for access to genetic resources and the fair and equitable sharing of benefits arising from their utilization, as established in the third objective of the Convention on Biological Diversity. The modality chosen by the Conference of the Parties should promote conservation and sustainable use of genetic resources, which are the first and second objectives of the convention. “Bounded openness over natural information” achieves all three objectives by aligning incentives between users and Providers. With philanthropic support, the modality can also be applied to unpublished traditional knowledge, which would enhance food security.SummarySeveral international agreements have provisions for “access to genetic resources” and “fair and equitable sharing of benefits arising from [their] utilization” (ABS). The optimal modality has proven elusive for the United Nations Convention on Biological Diversity (CBD) and Nagoya Protocol (NP). Such failure need not be so. We embrace reductionism and partition genetic resources into tangible and intangible attributes and classify the latter as natural or artificial information. The economics of information justifies “rents,” which is the difference between what is paid and what would have been paid in a competitive market. Fairness and equity imply protection for natural information equal to that of artificial information. Bilateralism eliminates rents through competition and renders royalties infinitesimal, thus defeating ABS. The proposed Global Multilateral Benefit‐Sharing Mechanism (GMBSM) could capture rents and distribute royalty income proportional to habitat for terrestrial species, and to CO2reductions for marine species and wild relatives of crops. Alignment of incentives for conservation would facilitate transition to half‐Earth. Domesticated species require stronger incentives for conservation than do nondomesticated species. The Multilateral System (MLS) of The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) should be expanded. Enclosure of traditional knowledge not yet in public domain through a benefit‐sharing mechanism could incentivize communities to deposit samples into the CGIAR Genebanks and resume seed exchange, which is essential for food security. A robust modality of ABS for the CBD, NP, ITPGRFA and other agreements is “bounded openness.”

Changing patterns in genebank acquisitions of crop genetic materials: An analysis of global policy drivers and potential consequences

The MTA provides for a contractual agreement between a provider and recipient of the material which content the rights and obligations of all parties, including third parties. In international law, the Convention on Biological Diversity (CBD) and FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPRFA) provides mandate to Contracting Parties have to enact laws and adopt policies regarding the MTA for negotiation between the recipient and provider of access to genetic resources based on profit-sharing agreement. Regulation MTA in Indonesia is covered in the Regulation of the Minister of Agriculture under Regulation of the Minister of Agriculture No. 15/Permentan/OT.140/3/2009 on Guidelines for Preparation of Material Transfer Agreement and Regulation of the Minister of Health No. 657/Menkes/Per/VIII/2009 on Delivery and Use of Clinical Specimens, Biological Materials and Content the information. This article aims to examine the provisions of MTA under international laws and Indonesian law, it will analyze to what extent MTA set out in Regulation of the Indonesian Minister of Agriculture No. 15/Permentan/OT.140/3/2009 and Indonesian Minister of Health No. 657/Menkes/Per/VIII/2009. Then this study will also give suggestion for additional terms due to any weaknesses of MTA regulations in Indonesia. MTA regulations provides many benefits for Indonesia as a state provider, especially in terms of the protection of intellectual property rights. Provider can cooperate to research and development on food, agriculture and health, with domestic or foreign researcher, providers gain benefit sharing on the sale or lisence of products produced from the contracted material. For local communities also gain profit from its commercialization of the collection or invention of material obtained in the region owned by local communities. Yet, the MTA regulations is considered can inhibit the development of research and invention, costly. MTA provision that allow the recipient to distribute the genetic material and its derivates to other parties raises possibility violation by the recipient and also will arise conflict on the third party. According to MTA regulations, the provider difficult to monitor and control the implementation of the agreement. Thus, It needs to be more detailed arrangements regarding intellectual property protection to limit the use of the transferred material, also need to be set separated on benefit sharing when both parties negotiate of MTA.

Abstract The Standard Material Transfer Agreement (SMTA) of the Plant Treaty is the primary legal tool for making monetary benefit sharing work. International public law, including the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), is binding on states and have no legally binding effect on private companies. Access and benefit‐sharing, both under the ITPGRFA and the convention on biological diversity (CBD), aim at altering the actions of private users and companies. This article analyses the SMTA from a contract‐law perspective raising the question whether the SMTA can work as a binding contract? For a contract to work it must establish legally binding and enforceable obligations on a user of plant genetic resources. The method is to analyse the current SMTA from a contract legal language perspective. It will investigate, ways of coining the obligations in the wording, unclear trigger‐points, lack of remedies against breach of contract and limited enforcement mechanisms can explain lack of user payment. It will draw on contract‐law research to outline possible ways forward to an improved SMTA. The main aim is to contribute to a future improvement of a second generation SMTA.

Norm conflicts as governance challenges for Seed Commons: Comparing cases from Germany and the Philippines

Farmers’ Rights formally appeared in the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) as a means of recognising the past, present, and future contributions of farmers in conserving, improving, and making available the plant genetic materials that are important for food and agriculture. Discussions have been underway under the auspices of the ITPGRFA’s Governing Body with the recent Ad Hoc Technical Expert Group on Farmers’ Rights (AHTEG-FR) collecting together views, experiences, and best practices to produce an inventory and options for encouraging, guiding, and promoting the realisation of Farmers’ Rights. While this is useful, this article reports on the outcomes of a workshop that applied a different methodology. Our purpose was to identify what could be and should be the substance of Farmers’ Rights so that the policy substance drives the implementation rather than the AHTEG-FR’s retro-fitting Farmers’ Rights to existing views, best practices, and measures. The contribution of this article is to develop and set out a list of possible substantive Farmers’ Rights as a contribution and foundation for further consultations and negotiations.

Crop genetic resources constitute a ‘new’ global commons, characterized by multiple layers of activities of farmers, genebanks, public and private research and development organizations, and regulatory agencies operating from local to global levels. This paper presents sui generis biocultural community protocols that were developed by four communities in Benin and Madagascar to improve their ability to contribute to, and benefit from, the crop commons. The communities were motivated in part by the fact that their national governments’ had recently ratified the Plant Treaty and the Nagoya Protocol, which make commitments to promoting the rights of indigenous peoples, local communities and farmers, without being prescriptive as to how Contracting Parties should implement those commitments. The communities identified the protocols as useful means to advance their interests and/or rights under both the Plant Treaty and the Nagoya Protocol to be recognized as managers of local socio-ecological systems, to access genetic resources from outside the communities, and to control others’ access to resources managed by the community.

Core sustainability issues concerning the governance of seeds revolve around knowledge aspects, such as intellectual property rights over genetic information or the role of traditional knowledge in plant breeding, seed production and seed use. While the importance of knowledge management for efficient and equitable seed governance has been emphasized in the scientific discourse on Seed Commons, knowledge aspects have not yet been comprehensively studied. With this paper, we aim to (i) to analyze the governance of knowledge aspects in both global and local/regional Seed Commons, (ii) to highlight disconnections in knowledge governance between the local Seed Commons and global governance of plant genetic resources, and (iii) to investigate the contribution of knowledge commoning to environmentally sustainable and culturally adapted food systems. For this purpose, we will analyze knowledge governance by the International Seed Treaty (ITPGRFA) and by two local Seed Commons, a Philippine farmer-led network and a German organic-breeding association. We take the analytical lens of commoning, focusing on social practices rather than specific resources. The main challenges include finding institutional arrangements, which fruitfully integrate aspects from both traditional and scientific knowledge systems, taking into account the complex interrelation between knowledge-related, material and cultural aspects of seeds.

International genebanks have a collection of over 760 K conserved accessions of various plants, most of these accessions are within the multi-lateral system governed by the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). However, in spite of the success in collection and conservation, only a small portion of the genetic diversity has been used in crop breeding programs. As climate change-induced new or enhanced constraints seriously hamper crop productions, researchers and breeders should be able to swiftly choose an appropriate set of genetic resources from the genebank and use them for improving crop varieties. Here, we present some advanced technologies that can effectively promote the use of diverse rice accessions held at national/international genebanks. High throughput phenotyping using multispectral imaging systems and unmanned aerial vehicles (UAV) can quickly screen large numbers of accessions for various useful traits. Such data, when combined with that from the digital rice genebank consisting of genome sequencing data, will significantly increase the efficiency in breeding efforts. Recent genome sequencing data of the rice wild species will also add to the resources available for pre-breeding efforts such as the introgression of useful genes into modern rice varieties. We expect that these advanced technologies and strategies developed through the global rice research programs will be applicable for many closely related species as well.