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Historical Analysis of the Effectiveness of AKST Systems in Promoting Innovation | 93

resources remains a major goal. Defining a monetary value to estimate the historic or current contribution of farmers' varieties remains elusive (Mendelsohn, 2000). Identifying the actual genetic resource property attributable to specific farming communities or even nations is "problematic" (Peeters and Williams, 1984; Visser et al., 2000). Some proponents have argued that benefit sharing would be more successful in the form of transfer of international capital, e.g., through development assistance to improve rural incomes in genetically diverse farming systems (Brush, 2005). Another approach could be to reduce structural adjustment policies that link agricultural credit to the planting of modern homogeneous varieties, and other crop and technology choices (Morales, 1991; Foko, 1999; Amalu, 2002).

The question of facilitated access. To match the principle of national sovereignty with the needs of sustainable agriculture and food security, an International Treaty for Plant Genetic Resources for Food and Agriculture concluded in 2001 and entered force in June 2004 (Box 2-5 and Chapter 7).

  

With roughly the same objectives as the CBD, it translates its conservation and sustainable use goals to agriculture, including both in situ, on farm and ex situ conservation strategies, and various aspects of crop improvement by both farmers and specialized plant breeders in implementing "sustainable use".

     The main novelties in the International Treaty are (1) the creation of a Multilateral System for Access and Benefit Sharing for most important food crops and pasture species and (2) the definition of the concept of Farmers' Rights. Farmers' Rights include the right of benefit sharing, of protection of traditional knowledge and of farmers' involvement in relevant policy making. The objective is to have no restrictions on the ability of farmers to save, use, exchange and sell seed. However, signatory countries have freedom in specifying the Farmers' Rights as "subject to national law and as appropriate." The formulation was chosen to avoid conflict with existing and future IPR laws. Some claim that this formulation has thus far prevented an international acceptance of an inclusive Farmers' Rights concept (Brush, 2005).
Box 2-5. International Treaty on Plant Genetic Resources for Food and Agriculture (adopted November 2001, came into force June 2004).
  1. Ensure access to and conservation of plant genetic resources.
  2. Equitable sharing of benefit arising from agricultural genetic resources.

The treaty is a legally binding mechanism specifically tailored to agricultural crops, in harmony with the CBD. Creates multilateral system (MLS) for access to genetic resources and benefit sharing, which is designed to lower transaction costs of exchanges of materials to be used for research, conservation and training. The International Treaty links benefit sharing to access from the MLS as a whole. A proportion of monetary benefits arising from commercialization of new PGRFA developed using material from the MLS (when others are restricted from using the new PGRFA even for research) will be paid into an international fund, ultimately controlled by the Governing Body of the Treaty. Funds will be used for programs such as conservation and research, particularly in developing countries. The monetary benefit sharing provisions are not triggered when new PGRFA are made freely available for research and breeding. 64 major food crops and forages are included within the MLS. The list could be expanded in the future, by consensus of the Governing Body.

Positive Results

  • It appears to be well on its way to becoming a truly global Treaty, with an increasing number of countries ratifying or acceding to it.
  • Specifically tailored for agricultural genetic resources.
  • Regularizes access to genetic resources under a single uniform multilateral regime using a single fixed legal instrument for all transfers.
  • Includes a benefit sharing clauses, triggered through commer
   cialization of new PGRFA products that incorporated materials accessed from the MLS when those new products are not made available for further research.
  • Provides a permanent legal status for the ex situ collections of PGRFA hosted by the CGIAR Centres, placing the Centres Annex 1 holding within the MLS (and making the Centres' non- Annex 1 holdings available on very similar terms).
  • Recognizes the principal of Farmers Rights, and creates some momentum for countries to implement national laws to advance Farmers' rights.

Problems

  • Significant crops are excluded from the Treaty, (including soybeans, groundnuts, tomatoes, tropical forages, onions, sugarcane, melons, grapes, cocoa, coffee). The rules applying to those crops is therefore uncertain, falling by default under whatever systems countries put in place to implement the CBD. Of course, additional species or genera can be included within the MLS with the consensus of the Governing Body.
  • While a number of major industrial countries have ratified the Treaty, the USA still has not, and it is not clear if or when it will do so.
  • The SMTA adopted by the Governing Body in June 2006 is relatively long and relatively complex. It will take some time before the global community fully understands what it says and becomes comfortable using it. In the meantime, ancillary efforts will be necessary, probably lead by organizations that are going to be participants in the MLS and consequently, users of the SMTA, to raise awareness about the MLS, assist countries in developing legal and administrative frameworks to implement the Treaty, and build organizations' capacity and comfort level in participating in the MLS and using the SMTA.
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