Benefit sharing

Art. 13 describes the areas of benefit-sharing, including three methods for non-monetary benefit-sharing and a system of mandatory and voluntary monetary benefit sharing.

The FAO International Treaty focuses on three types of non-monetary benefit-sharing:

In terms of monetary benefit sharing, the Treaty provides for the development of a Funding Strategy (Article 18).
Article 13.2 d. recognises that mandatory payments are due when the user puts restrictions on the further use of the genetic resources for breeding by legal or other protection. This seems to mean that varieties protected under Plant Breeder’s Rights might be exempted from mandatory payments, and that for varieties that fall within the scope of a patent, a system of contracts excluding use for further breeding (e.g. bag-tag contracts) or some forms of technical protection (V-GURTS) a benefit sharing is due. However, these are interpretations that cannot be confirmed yet.
The same article also promotes a voluntary sharing of benefits by governments, the private sector or any other stakeholder. They can also contribute to the implementation of the Treaty through their existing programmes that support agricultural biodiversity. This means that a broad Funding Strategy is established, consisting of funds that are under the control of the Governing Body, and contributions by stakeholders that not under its control.

Whereas the Contracting Parties are responsible for the implementation of the FAO International Treaty, some of the benefit-sharing arrangements will thus likely be developed and effectuated by the Parties themselves, and other by the users and providers of germplasm under the MLS.

Full text of the FAO International Treaty
Standard MTA: decided, but not yet published