PGR News from the Pacific

Posted 5:01 PM by Luigi

An interesting analysis of the Challenges and lessons in plant variety protection for Africa by Phillipe Cullet of the International Environmental Law Research Centre:

What are the challenges that African countries face in adopting plant variety protection through intellectual property rights regimes? What lessons can African countries draw from the Indian experience? Africa Centre for Technology Studies (ACTS) research suggests that the introduction of monopoly rights is not appropriate for most sub-Saharan countries. What plant variety protection regime would be suitable?

The issue of plant variety protection has become prominent since the adoption of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. The Agreement requires that patents should be available for inventions in all fields of technology and specifically orders the introduction of a form of legal protection on plant varieties, but does not impose their protection through patents. However, African countries have generally been slow in taking up the challenges of devising plant variety protection measures.

The study suggests that African states should take advantage of the potential they have to devise a property rights system adapted to their own needs and conditions and should avoid any system involving the introduction of monopoly or exclusionary rights, such as patents or plant breeders’ rights. Generally, monopoly rights are likely to have a number of impacts on farmers’ agricultural practices and lives in sub-Saharan countries, including the following:

- Since in most sub-Saharan countries, subsistence agriculture remains dominant, it is impossible in this situation to assume that farmers innovate only to make a monetary profit.
- Farmers’ knowledge is often less individualistic than scientific knowledge produced in laboratories.
- One of the most direct impacts of patents is to raise the price of patented seeds compared to other seeds.
- Monopoly rights have the potential to conflict with established agricultural management practices of small holder farmers.
- Monopoly rights have generally not been known to foster conservation of biological diversity or promote its sustainable use.

In India, in the field of plant variety protection, the necessity to develop a response to TRIPS has led to a number of proposals by governmental and non-governmental institutions. The Indian experience is rich in lessons for the development of property rights regimes in African countries, including:

- Operating within a monopoly rights system which only regards state-of-the art knowledge, it is unlikely that local communities will substantially benefit from this new opportunity.
- Biodivesrity registers are an excellent tool to counter groundless patent applications.
- While plant variety legislation is the central element of a plant variety protection regime at the domestic level, it is not the only relevant piece of legislation.

Policy implications include:

- Inclusion of biosafety provision as part of plant variety protection legislation.
- A system aiming at providing food security and broadly fostering sustainable environmental management should establish property rights whose holders are not limited to one specific category of actor in agricultural management.
- An alternative system should recognise that the different actors do not all have the same motivation for innovating.

Source: "Plant Variety Protection in Africa: Towards Compliance with TRIPS Agreement", Biopolicy International 23, by P. Cullet, 2001
Funded by: African Centre for Technology Studies
Date: 4 November 2002

Further Information:
Phillipe Cullet
International Environmental Law Research Centre
14, rue Lissignol
1201 Geneva
Switzerland

Tel: + 41 22741 0442
Fax: + 41 22741 0442
Email: pcullet@ielrc.org



	A blog maintained by Tevita Kete, PGR Officer Secretariat of the Pacific Community (SPC), Suva, Fiji Islands
This weblog documents the activities of Pacific Agricultural Genetic Resources Network (PAPGREN), along with other information on plant genetic resources (PGR) in the Pacific. The myriad varieties found within cultivated plants are fundamental to the present and future productivity of agriculture. PAPGREN, which is coordinated by the Land Resources Division of the Secretariat of the Pacific Community (SPC), helps Pacific countries and territories to conserve their crop genetic diversity sustainably, with technical assistance from the Bioversity International (BI) and support from NZAID and ACIAR. SPC also hosts the Centre of Pacific Crops and Trees (CEPaCT). The CEPaCT maintains regional in vitro collections of crops important to the Pacific and carries out research on tissue culture technology. The CEPaCT Adviser is Dr Mary Taylor (MaryT@spc.int), the CEPaCT Curator is Ms Valerie Tuia (ValerieT@spc.int). PAPGREN coordination and support IPGRI ACIAR NZAID CTA SPC PAPGREN CEPaCT Click on the thumbnail to see a map of the locations of Pacific genebanks. Click here to download a regional directory of genebanks in the Pacific, including information on their location, contact details and holdings. PAPGREN partners Mr William Wigmore Director of Research Ministry of Agriculture Department of Resources & Development P.O. Box 96 Rarotonga Cook Islands Tel: (682) 28711-29720 Fax: (682) 21881 Email: cimoa@oyster.net.ck Mr Adelino S. Lorens Chief Agriculture Pohnpei Office of Economic Affairs P.O. Box 1028 Kolonia Pohnpei 96941 Federated States of Micronesia Tel: (691) 3202400 Fax: (691) 3202127 Email: pniagriculture@mail.fm Dr Lois Englberger Island Food Community of Pohnpei Research Advisor P.O. Box 2299 Kolonia Pohnpei 96941 Federated States of Micronesia Email: nutrition@mail.fm Mr Apisai Ucuboi Director of Research Ministry of Agriculture, Fisheries & Forest Koronivia Research Station P.O. Box 77 Nausori Fiji Islands Tel: (679) 3477044 Fax: (679) 3477546-400262 Email: apisainu@yahoo.com Dr Maurice Wong Service du Developpement Rural B.P. 100 Papeete Tahiti 98713 French Polynesia Tel: (689) 42 81 44 Fax: (689) 42 08 31 Email: maurice.wong@rural.gov.pf Mr Tianeti Beenna Ioane Head, Research Section Division of Agriculture Ministry of Environment, Lands and Agricultural Development P.O. Box 267 Tarawa Kiribati Tel: (686) 28096-28108-28080 Fax: (686) 28121 Email : agriculture@tskl.net.ki; Beenna_ti@yahoo.com Mr Frederick Muller Secretary Ministry of Resources & Development P.O. Box 1727 Majuro 96960 Marshall Islands Tel: (692) 6253206 Fax: (692) 6257471 Email: rndsec@ntamar.net Mr Herman Francisco Director Bureau of Agriculture Ministry of Resources & Development P.O. Box 460 Koror 96940 Palau Tel: (680) 4881517 Fax: (680) 4881725 Email: bnrd@pnccwg.palaunet.com Ms Rosa Kambuou Principal Scientist PGR NARI Dry Lowlands Programme Laloki Agricultural Research Station P.O. 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DIVA-GIS	Tuesday, December 10, 2002 Posted 5:01 PM by Luigi An interesting analysis of the Challenges and lessons in plant variety protection for Africa by Phillipe Cullet of the International Environmental Law Research Centre: What are the challenges that African countries face in adopting plant variety protection through intellectual property rights regimes? What lessons can African countries draw from the Indian experience? Africa Centre for Technology Studies (ACTS) research suggests that the introduction of monopoly rights is not appropriate for most sub-Saharan countries. What plant variety protection regime would be suitable? The issue of plant variety protection has become prominent since the adoption of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. The Agreement requires that patents should be available for inventions in all fields of technology and specifically orders the introduction of a form of legal protection on plant varieties, but does not impose their protection through patents. However, African countries have generally been slow in taking up the challenges of devising plant variety protection measures. The study suggests that African states should take advantage of the potential they have to devise a property rights system adapted to their own needs and conditions and should avoid any system involving the introduction of monopoly or exclusionary rights, such as patents or plant breeders’ rights. Generally, monopoly rights are likely to have a number of impacts on farmers’ agricultural practices and lives in sub-Saharan countries, including the following: - Since in most sub-Saharan countries, subsistence agriculture remains dominant, it is impossible in this situation to assume that farmers innovate only to make a monetary profit. - Farmers’ knowledge is often less individualistic than scientific knowledge produced in laboratories. - One of the most direct impacts of patents is to raise the price of patented seeds compared to other seeds. - Monopoly rights have the potential to conflict with established agricultural management practices of small holder farmers. - Monopoly rights have generally not been known to foster conservation of biological diversity or promote its sustainable use. In India, in the field of plant variety protection, the necessity to develop a response to TRIPS has led to a number of proposals by governmental and non-governmental institutions. The Indian experience is rich in lessons for the development of property rights regimes in African countries, including: - Operating within a monopoly rights system which only regards state-of-the art knowledge, it is unlikely that local communities will substantially benefit from this new opportunity. - Biodivesrity registers are an excellent tool to counter groundless patent applications. - While plant variety legislation is the central element of a plant variety protection regime at the domestic level, it is not the only relevant piece of legislation. Policy implications include: - Inclusion of biosafety provision as part of plant variety protection legislation. - A system aiming at providing food security and broadly fostering sustainable environmental management should establish property rights whose holders are not limited to one specific category of actor in agricultural management. - An alternative system should recognise that the different actors do not all have the same motivation for innovating. Source: "Plant Variety Protection in Africa: Towards Compliance with TRIPS Agreement", Biopolicy International 23, by P. Cullet, 2001 Funded by: African Centre for Technology Studies Date: 4 November 2002 Further Information: Phillipe Cullet International Environmental Law Research Centre 14, rue Lissignol 1201 Geneva Switzerland Tel: + 41 22741 0442 Fax: + 41 22741 0442 Email: pcullet@ielrc.org * Comments: Post a Comment	Archive October 2002 November 2002 December 2002 January 2003 February 2003 March 2003 April 2003 May 2003 June 2003 July 2003 August 2003 September 2003 October 2003 November 2003 December 2003 January 2004 February 2004 March 2004 April 2004 May 2004 June 2004 July 2004 August 2004 September 2004 October 2004 November 2004 December 2004 January 2005 February 2005 March 2005 April 2005 May 2005 June 2005 July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 February 2007 March 2007 April 2007 May 2007 June 2007 July 2007 August 2007 September 2007 October 2007 November 2007 December 2007 January 2008 February 2008 March 2008 April 2008 May 2008 June 2008 July 2008 August 2008 September 2008 October 2008 November 2008 December 2008 January 2009 February 2009 March 2009 April 2009 May 2009 June 2009 July 2009 August 2009 September 2009 October 2009 November 2009 January 2010 RSS Feed Alternative feed Contact Tevita Something new: Agrobiodiversity Weblog: For discussions of conservation and sustainable use of the genetic resources of crops, livestock and their wild relatives. 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