1st May 2001

FAO IU REVISION STILL FAR FROM COMPLETION

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The Sixth Inter-sessional Contact Group Meeting on the Revision of the International Undertaking on Plant Genetic Resources for Food and Agriculture (IU) was held in Spoleto, Italy from 23-28 April. While some progress was made on setting up a list of crops for inclusion under the IU, delegates failed to agree on a number of the most controversial issues, including the coverage of the IU, mandatory commercial benefit-sharing, and intellectual property rights (IPR) for plant genetic resources held in the multilateral system (MS). The IU’s objective is to ensure that plant genetic resources for food and agriculture (PGRFA) are explored, collected, conserved, evaluated, utilised and made available for plant breeding and other scientific purposes.

Some progress on the list of crops covered by the IU

Whether and how to include collections of PGRFA not held under the control of national governments within the MS (i.e. a system which aims to facilitate access and benefit-sharing) remained one of the most outstanding questions in the context of discussions on the coverage of the MS (Art. 11; the numbering of the articles is based on the Chair’s proposed simplified text. While developing countries continued to advocate that the IU should apply to all collections of crops listed in Annex I, others highlighted the fundamental problem of applying such conditions to private and other collections not under their control. Some progress was made on the list of crops to be included in Annex I. After receiving various proposals ranging from nine to more then 250 crops, agreement was reached on 30 food crops, with considerable support voiced for an additional 17. The fate of the list, however, will depend on agreement regarding the question of an all-inclusive versus a restricted scope. The text of Article 11 remained unchanged and bracketed.

No agreement on commercial benefit-sharing

Discussions on commercial benefit-sharing (Art. 13) for improved varieties and genetic material developed through the use of PGRFA under the MS, whose access is restricted by IPRs, mirrored those at the previous meeting of the Contact Group in Neuchâtel, Switzerland, late last year (see BRIDGES Weekly, 5 December 2000 However, focus shifted from the application of restrictive IPRs as a trigger point for requiring financial contributions towards the question of a mandatory versus a voluntary system, thereby opening the door for the inclusion of possible other trigger mechanisms, such as commercial profit. Some developed countries pointed out the difficulties of monitoring compliance under a mandatory system, advocating an honour-based approach. Developing countries, in turn, stressed the need for mandatory benefit-sharing. The text was again left unchanged.

Patentability of genetic parts and components unresolved

Regarding restrictions on IPRs that limit facilitated access to PGRFA within the MS (Art. 12), delegates focused in particular on whether to exclude “genetic parts or components” from patenting. Developing countries argued that isolated or purified genes and their source material are one and the same and that allowing patents for isolated genes would amount to an implicit tolerance for ‘biopiracy’. The US, Canada, Australia and New Zealand expressed their disagreement over including a reference to genetic parts and components in the text. Several delegates stressed the significant political implications of the provision for other bodies, such as the WTO and the World Intellectual Property Rights Organization (WIPO). In the end, the paragraph was adopted, but ‘genetic parts and components’ remained bracketed.

The way ahead

Many delegates expressed frustration with the slow progress of the negotiations, questioning the level of political will present to address the key outstanding issues. Others lamented that the concerns of farmers and food security were overshadowed by the political interests of States. Negotiations are set to continue at an Extraordinary Session of the Commission on Genetic Resources for Food and Agriculture (CGRFA) on 24-30 June. The Commission aims to finalise and agree upon the text of the IU for submission to the 31st Session of the FAO Conference in November 2001.

The revision of the IU to harmonise it with the UN Convention on Biodiversity (CBD) has been underway since 1993. In its original form as a non-binding agreement, dating from 1983, the IU was based on the principle that such resources should be “preserved [...] and freely available for use, for the benefit of present and future generations” as part of the common “heritage of mankind.” To date, 113 countries have adhered to the IU.

ENB, Vol. 9, No. 191, 1 May 2001; ICTSD Internal Files.