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| Introduction to ITIT ABS (Access)IT ABS (Benefits)IT Beneficiaries |
IT Beneficiaries The FAO on its website claims that the following parties benefit from the IT:
However, will other groups lose, for example, countries that are situated in the centres of diversity of major crops? FAO claims that countries are interdependent with regard to their food needs. Most countries in the world (with the exception of some in central/western and southeast Asia) depend on genetic resources from other regions for 50-100% of their food needs (calculated in terms of calories) (see here). This means that most countries, including the megabiodiverse ones in Latin America, West Africa and slightly less so in Southeast Asia, are also mega-users of genetic resources from outside their region. Where it may be profitable to control the genetic resources for industrial uses, it does not seem wise to restrict PGRFA. Some commentators claim that the IT-PGRFA is regressive because it restricts the national sovereignty. However, countries, in exercising their national sovereignty, decide whether to ratify the Treaty or not. Re-situating the benefits from biodiversityAssignment Monetary benefits derived from the sharing of PGR will never materialize because:
There are many arguments against monetary benefit sharing. To complete this assignment we ask you to:
Results sent in by others: Sent on 2007-04-26 18:00:53 by Emmanuel Okogbenin In Nigeria, I am not exactly sure of the status of things regarding implementation of ABS policies, but my inquiries indicate the awareness on these issues is on the increase. However, it is yet to be seen if all aspects of the policies can be effectively implemented or enforced. At the country level, benefits and access to plant genetic resources in Nigeria are largely unrestricted. In this case the rights of farmers and communities are largely granted. Research institutions in Nigeria are publicly funded and are generally inclined to provide farmers, public and private sectors access to plant genetic resources in the country. Farmers rights are highly protected, but not of the plant breeder who services are paid for by the government in research institutions. Plant varieties developed are therefore not patented for now and as such does not have any monetary payments that is mandatory in nature even if they have great value for industrial purposes. Monetary benefits from ABS will be more apt in advanced countries than in the developing countries. The developed countries have the technology and big economy to support ABS policies and are therefore much likely to make the best (monetary) benefits from it. On the contrary, the scenario in most developing countries does not provide sufficient inducement. Monetary benefits from ABS policies would be most advantageous for developing countries where plant genetic resources from those countries are used in the developed world; otherwise such benefits cannot be substantial. Basically in most developing countries, agriculture is still mainly in the hands of peasant farmers where commercial farming is still evolving, and as such, the utilization of patented plant genetic resources in the developing world, where they exist, cannot be expected to result in considerable monetary benefits there. The right environment has to be created where the economy and technological advancement can support such policies (benefits). Emmanuel Evaluated on 2007-04-27 00:00:00 by Niels Louwaars You indicate the waekness of developing countries to benefit from genetic resources because the research infrastructure is insufficient to optimally use them and th efarmers too poor to pay for inventions.
There may however be a difference between the use of genetic resources in advanced industrial research and for agriculture. Exchanges among developing countries are much bigger than from 'south' to 'north' for genetic resources for plant breeding - so maybe developing countries may become important 'receivers' and not only suppliers of PGR.
The big money seems to be in industrial (pharmaceutical/chemical) uses of genetic resources!
Niels Sent on 2007-04-29 20:45:07 by Koffi Simplice Kouassi 1. In Cote d'Ivoire, the national agricultural research service CNRA is playing a leading role in PGRFA policy issues. In 2006, a global strategy has been established and an implementation project has been submitted to the FAO. CNRA was granted recently by the FAO. But a common statement involving all stakeholders at national level has not been signed yet. 2. Concerning monetary benefits sharing, I agree with some of the argument listed (under assignment). I think that Developing countries should not expect funds from ABS policies for their global development needs. Evaluated on 2007-05-02 00:00:00 by Niels Louwaars Dear Koffi,
I wonder what your views are regarding the capacities of CNRA to effectively implement the policies (and whetehr policies have been translated into law yet). With regard to IPRs on genetic resources, OAPI has a very important role in your country as well.
I tend to agree that it will be hard to obtain significant funds from benefit sharing (i.e. as you say - to fill all development needs). However, it may not be wise to rule it out alltogether and to concentrate on non-monetary forms only!! Sent on 2007-05-04 10:26:55 by Theo van Hintum In the Netherlands, ABS policies are fairly well implemented. There is an ABS focal person, and the legal components seem under control. The national Centre for Genetic Resources has implemented the SMTA and has formulated policy regarding the non Annex 1 material and material not for food and agriculture. Regarding the monetary benefits I am very sceptical, I have strong doubts if anyone will banefit given the legal and administrative burden it puts on exchange of PGR - only lawyers will benifit. But time will tell, we can only hope that the access part will allow a more efficient exchange of PGR that in the long run will benefit all. Evaluated on 2007-05-07 00:00:00 by Niels Louwaars clear Theo - thanks Sent on 2007-05-04 21:45:24 by Caroline Marques Castro 1. Since 2001 the access to the Brazilian genetic heritage is regulated by the Genetic Heritage Management Council (CGEN). All request involving activities that aim to access the Brazilian genetic heritage must be submitted to this council, which is compound by persons that represent several National institutions and ministries (scientific and technological development; agriculture; environment…). The principles of CGEN are in agreement with the CBD. All germplasm flow has been doing through a MTA. However, the legislation to a equitable sharing of the benefits arising out the utilization of the traditional knowledge associated to genetic resources with economical potential are under construction. Until August it is open a public consultation, by CGEN, to people show their opinion about this legislation. A questionnaire is available in the internet asking for critics and suggestions aiming to elaborate a fair sharing of the benefits. 2. I really don’t think that a legislation involving monetary benefits could be implemented in a fair way, without damage of somebody (local community; farmers…). What I mean is what is asked by CGEN in the public consultation. If a local community has a knowledge of some genetic resource and this community sign some agreement with some Institution, and, in this agreement, this community will receive some monetary benefit due to the information about the knowledge associated to this genetic resource, another community, that has the same knowledge associated to the same genetic resource, and, by some reason, the institution that is interested in this genetic resource does not know that others communities share the same knowledge, these communities will be very prejudiced. How could we do this kind of agreement in a fair way? Evaluated on 2007-05-07 00:00:00 by Niels Louwaars Dear Caroline,
Point 1 is very clear even though experience of GCP shows that implementation of the rules may be less straightforward than the rules themselves seem to suggest.
Your point 2 is very realistic. You may have to discriminate though between the (tangible) genetic resources themselves and the associated traditional knowledge. Both are regulated by different rules in most countries (if regulated at all).
I don't have a solution to the question you raise. One way is to operate it like IPR, i.e. the benefits belong to those parties that close an agreement (tough luck to the others). Another approach is the gene-fund in India and Thailand, where benefits are collected at the national level and used for supporting communties without immediate links with the groups that individual genetic resources came from.
However, I feel that the Traditional Knowledge issue in agriculture is very different from the TK-debate in traditional medicine. In the latter case knowledge is passed from traditional healer to his/her successor, where in agricuture knowledge is commonly shared within (and often among) the community.
Niels Sent on 2007-05-20 22:43:14 by Raj Kumar Niroula In Nepal, the ABS policiy is just getting inception. Some NGOs and INGOs are now taking initiateive just to create awarness about the issues of ABS. They are trying to adopt participatory approach to build the effective policy including farmers community representative, extension workers, government officers from different ministry such as agriculture, forestry and science and environment and subject matter specialist. Up to now, very few part of the biodiversity; particularly agro-biodiversity, is documented in the name of community biodiversity register. Which also adresses TK. I think this approach is right approach to share ABS within country level.Its beauty aspect is service to respective community rather than individual benefit. However, still we have no strigent policies regardomg breeders and farmers right at the government level. Im my opinion, monetary benefit sharing is not a judicial basis as it does not address sustainable use and conservation of PGR. I agree from mentioned points in the assignment and just want to say, benefit sharing should be only service oriented so that every one from every part of the world can be benefitted rationally. Benifit sharing through effective service is sustainable methods over monetary one. Evaluated on 2007-05-21 00:00:00 by Niels Louwaars Thanks Raj, I just finalised a workshop with LiBird and Sawtree, which supports your description.
Thanks
Niels Sent on 2007-05-20 22:43:20 by Raj Kumar Niroula In Nepal, the ABS policiy is just getting inception. Some NGOs and INGOs are now taking initiateive just to create awarness about the issues of ABS. They are trying to adopt participatory approach to build the effective policy including farmers community representative, extension workers, government officers from different ministry such as agriculture, forestry and science and environment and subject matter specialist. Up to now, very few part of the biodiversity; particularly agro-biodiversity, is documented in the name of community biodiversity register. Which also adresses TK. I think this approach is right approach to share ABS within country level.Its beauty aspect is service to respective community rather than individual benefit. However, still we have no strigent policies regardomg breeders and farmers right at the government level. Im my opinion, monetary benefit sharing is not a judicial basis as it does not address sustainable use and conservation of PGR. I agree from mentioned points in the assignment and just want to say, benefit sharing should be only service oriented so that every one from every part of the world can be benefitted rationally. Benifit sharing through effective service is sustainable methods over monetary one. Sent on 2007-05-20 22:43:24 by Raj Kumar Niroula In Nepal, the ABS policiy is just getting inception. Some NGOs and INGOs are now taking initiateive just to create awarness about the issues of ABS. They are trying to adopt participatory approach to build the effective policy including farmers community representative, extension workers, government officers from different ministry such as agriculture, forestry and science and environment and subject matter specialist. Up to now, very few part of the biodiversity; particularly agro-biodiversity, is documented in the name of community biodiversity register. Which also adresses TK. I think this approach is right approach to share ABS within country level.Its beauty aspect is service to respective community rather than individual benefit. However, still we have no strigent policies regardomg breeders and farmers right at the government level. Im my opinion, monetary benefit sharing is not a judicial basis as it does not address sustainable use and conservation of PGR. I agree from mentioned points in the assignment and just want to say, benefit sharing should be only service oriented so that every one from every part of the world can be benefitted rationally. Benifit sharing through effective service is sustainable methods over monetary one. Sent on 2007-06-06 10:47:35 by Feng Ling Fu In china, the regulation of ABS of FAO and SMTA are rarely mentioned. but china has take part in the CBD, some laws or regulations about plant genetic resource consistent with the FAO ABS policies and CBD agreements. including the laws of seed law, circumstance conservation treatys,etc. some policies be implemented well, but some not good, for example, the farmer's rights, in my knowledge, the entry of farmer's benefit to genetic plants could not be concerned. I think the application of ABS policies relevant with the monetary benefit could be accepted, and these treaty take care all parties' benefits, although concern this term, the procedure of MT will be more complexed and unefficient, the usage of the genetic materials follow the rules of fair and equitable sharing of benefits. |