Policyrelated research for NCE invitation

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• Policy-related research for NCE (invitation)
• Legal status of CG held collections
• Legal basis for exchanges within WCA
• CBD
• International Treaty
• SMTA
• Options re legal character of the NCE
• Outstanding issues non-Annex 1, non-Parties,
  NCE legal character, etc (small groups)

M. Halewood, C. A. Fall, R. L. Lettington
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Exchanging Materials under the International
Treaty on Plant Genetic Resources for Food and
Agriculture Robert J. Lewis-Lettington Legal
Specialist Genetic Resources Policy Initiative,
International Plant Genetic Resources
Institute r.lettington_at_cgiar.org


Towards regional cooperation for effective and
efficient ex situ conservation of phyto genetic
resources for food and agriculture in West and
Central Africa Ouagadougou, September 2006
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The ITPGR an ABS system for agriculture in
harmony with the CBD

• Basis of exchange under the ITPGR is the
  Multilateral System (MLS)
• Mirrors the basic principles of the CBD
• Addresses key concerns of the agricultural
  sector
• lowering transaction costs
• promoting open exchange

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National sovereignty

• Under the ITPGR, countries exercise national
  sovereignty by making the germplasm of listed
  crops freely available to those who agree to do
  the same

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Facilitated Access

• MLS base on the concept of facilitating access
• standard terms and conditions apply to all
  transactions
• guaranteed access
• no immediate cost

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Origin

• The MLS is deemed to be the source of material
  exchanged under it
• advantage for varieties with complex parentage
• avoids potential disputes over many major crops,
  e.g. ground nut, maize, cassava
• lowers costs

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Mutually Agreed Terms

• The terms and conditions for exchange established
  by Articles 12 and 13 were negotiated by the more
  than 160 countries of the Commission on Genetic
  Resources for Food and Agriculture and adopted by
  the 180 FAO member countries
• The standard material transfer agreement (SMTA)
  was adopted by the ITPGR Governing Body by
  consensus

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Prior informed consent

• Most countries participated in the negotiations
  to develop the ITPGR and the SMTA
• All countries have a further opportunity to
  consider prior to ratification
• All material not in public domain or under state
  control only included by voluntary consent

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Promoting collaborative research

• ITPGR seeks to promote access to research related
  information and products
• Framework for collaboration in conservation and
  sustainable use
• Framework for technology transfer

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Benefit Sharing

• Access to the pool of material is the primary
  benefit
• Exchange of information, technology transfer,
  capacity building
• Financial benefits to be monitored by the
  Governing Body and distributed through the Treaty
  funding mechanism