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em ipr gm indigenousseed

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Information about em ipr gm indigenousseed
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Published on October 17, 2007

Author: Brainy007

Source: authorstream.com

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International integration - IPR and impacts to indigenous seed:  International integration - IPR and impacts to indigenous seed SANRM-EMWG 07-03-2006 Overview:  Overview Intellectual property rights Biodiversity and Intellectual property issues Intellectual property and indigenous/local communities Impacts on small scale farmers What needs to be done? I. Intellectual Property Rights (IPR):  Legal definition: Legal rights aimed at ensuring exclusive control over products of innovation and excluding others from using such innovations without the explicit consent of the right owner Objectives originally meant to industrial innovations society’s reward for innovation ensure return of investment in time and resources I. Intellectual Property Rights (IPR) I. Intellectual Property Rights (IPR):  Expanded scope: beyond legal, including technological IPRs Technological IPRs: same end as legal forms exclusive/monopoly rights limit access to protected product need for consent of the owner ensures return of investments I. Intellectual Property Rights (IPR) I. Intellectual Property Rights (IPR):  Restrictions in Technological IPRs: Restriction in access Restriction on re-use and saving Genetic restriction (i.e., Terminator Technology) Most modern technologies in rice (I.e., hybrid, GMOs) are protected by legal IPRs (I.e., patents, PVP/PBRs) I. Intellectual Property Rights (IPR) I. Intellectual Property Rights (IPR):  Legal forms Patents Plant Variety Protection/Plant Breeders’ Rights Technological forms Hybrid seeds Genetically engineered/modified seeds Genetic Use Restriction Technologies (GURTs) I. Intellectual Property Rights (IPR) I. Intellectual Property Rights (IPR):  I. Intellectual Property Rights (IPR) Trade Related Intellectual Property Rights (TRIPS) Article 27.3(b) “Members may exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof…” I. Intellectual Property Rights (IPR):  I. Intellectual Property Rights (IPR) Requires Members to apply patents on microorganisms, non-biological and microbiological processes Options for protection of plant varieties Patents Effective sui generis system (UPOV as an example) Combination of both I. Intellectual Property Rights (IPR):  I. Intellectual Property Rights (IPR) Confers monopoly rights to inventors/ creators Criteria: Highly technical criteria and administrative processes required PBR: D U S N (Distinct, Uniform, Stable, Novel ) Patent: Innovativeness, Industrial Applicability, Non-obviousness Term: usually 20 years Biased against farmers and farmers’ varieties: diverse, based on traditional varieties II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues The accelerating loss of biological diversity Thousands of different and genetically unique plant varieties Today: about 150 plant species are cultivated Half the world’s plant-based food supply comes from a limited numbers of varieties of few plant species (rice, wheat, maize, potatoes…) II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues Green revolution high yielding, high input plants top down system of agriculture research => dependence on few plant varieties => genetic erosion According to FAO, replacement of local varieties with improved or exotic varieties, or both, is the major cause of genetic erosion II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues Paradox: success of agricultural science => concentration of small number of varieties designed for intensive agriculture dramatic reduction in the diversity of plant varieties available for continued agricultural research and development II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues On-farm conservation and use of PGR Farmers and indigenous people are critical to the conservation, use and active enhancement of biological diversity => prominent feature of CBD, Farmers’ rights Support and recognition for on-farm conservation and farmer-driven breeding is growing: PPB II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues The changing roles of public and private sector in agriculture research Privatization of agricultural research IP laws has allowed for the patenting of living organisms, enabling biotechnology companies to patent biological processes and products => increasing incentives for the private sector to invest in agricultural research II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues Financial constraints for national agricultural research institutions as well as international research centres of the CGIAR (Consultative Group on International Agricultural Research) => increased role of the private sector New partnerships between the public and private sectors II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues Consolidation in life sciences industry Top 10 agrochemical corporations account for 91% of the $31 billion agrochemical market worldwide (1999) Top 10 global seed companies control ~ 1/4 – 1/3 of the $30 billion commercial seed trade (1999) Top 5 vegetable seed companies control 75% of the global vegetable seed market (1999) 4 companies control 69% of the North American maize seed market (1998) End of 1998, a single company controlled 71% of the US cotton seed market Slide17:  Source: ETC group Slide18:  Source: ETC group Biotech patents on rice genes, transgenic rice plants, methods:  Biotech patents on rice genes, transgenic rice plants, methods Source: SEARICE Slide20:  Source: SEARICE II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues Transgenic crops commercialized 1986-1997: ~ 25000 field trials by 45 countries on more than 60 crops and 10 traits Soybean, maize, cotton, potato, canola and rice International Seed Trade Federation expected to reach $6 billion by 2005 and $20 billion in 2010 for GM seed II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues Consumers, farmers and some governments concern about potential impacts on health, safety and environment Demand for rigorous bio-safety regulations and mandatory labeling of GMO products II. Biodiversity and Intellectual property issues:  II. Biodiversity and Intellectual property issues Restrictions on the right of farmers Personal use and non-commercial purposes Use the harvest for multiplication and cultivate on their own holdings III. Impacts on Small Rice Farmers:  III. Impacts on Small Rice Farmers Impedes farmers’ rights to save, use, exchange and sell farm-saved seeds GM rice: protected by patents Hybrid rice: limits saving and re-using through reduced seed vigor in subsequent planting Will further bury farmers in poverty, landlessness and indebtedness Specific inputs for hybrid and GM rice Higher costs of registered and hybrid seeds High costs of inputs III. Impacts on Small Rice Farmers:  Further soil degradation, pest infestation and water contamination increased use of herbicides increased use specific chemicals (in GURTs) increased use of chemical fertilizers Dependence on seeds and chemical inputs produced by TNCs Will reduce farmers’ roles from breeders to end-users and consumers of seeds and inputs produced by private companies III. Impacts on Small Rice Farmers Slide26:  Threats to food security Monoculture/monocropping: less source of balanced nutrients Narrowing of food and nutrition base Focus on industrial and commercial crops over food crops Legal and technological IPRs in the context of policies on agricultural liberalization III. Impacts on Small Rice Farmers Slide27:  Increased control of transnational corporations in R&D, commercialization Hybrid rice GM seeds Agro-chemical inputs Centralization of agricultural research in private hands Disappearance of line that divides public and private research and development interests and efforts III. Impacts on Small Rice Farmers Slide28:  Further genetic uniformity and erosion Cultural erosion East Asia: rice-based cultures transformation in agricultural practices and systems, norms and values III. Impacts on Small Rice Farmers Slide29:  Int’l trade regimes WTO, FTA (IPRs, UPOV…) GMOs + terminator technology National (agricultural) policies CBD, ITPGRFA What Needs to be Done?:  What Needs to be Done? Broadening research participation Governments and NGOs increase contributions, supports and strengthen their long-term commitment to agricultural research, PPB, in-situ GR conservation Protecting biodiversity Say no to terminator technology What Needs to be Done?:  What Needs to be Done? Propose and Promote farmer-based seeds production, saving and exchange systems Close monitoring of TNC interests and investments in seeds Closer look on TNC partnerships with governments on seeds research, production and commercialization Education / Awareness-raising What Needs to be Done?:  What Needs to be Done? Facilitate access, exchange and benefit sharing Balancing treaty obligation (CBD, IT PGRFA) Implementing Global Plan of Action …….

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