Food and Agriculture Organization of the United Nations  
International Treaty on Plant Genetic Resources for Food and Agriculture

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    The Inventory

    This online version of the Inventory presents, for each measure, the title and a brief description with information on implementing organization(s), start year, objectives, core elements, key outcomes, and, if applicable, lessons learned. It thus allows users to quickly identify those examples that may be of interest to them. A hyperlink to the original submission is provided, which includes additional information, such as on the history and context of the presented measure, challenges encountered, or target groups reached. In this way, users can get a more comprehensive idea of the measure in question and the specific context for which it was developed.
     
    To facilitate navigation, the Inventory is subdivided into eleven categories. Measures or practices that fall under more than one category are listed under each one that applies. Furthermore, information is provided on the type(s) of measures that are typically involved, such as technical, administrative, legal, and/or others, and on the relevant sub-article of Article 9 that is addressed. Additional search options allow searching by country, region, free text and keyword.
     
     
     
     
     
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    Number of records: 233

    196) Access and benefit sharing: capacity building / support multilateral system

    The Governments of the Netherlands and Iran are co-chairing a dedicated working group under the Treaty (ITPGRFA), to enhance the functioning of the Multilateral System. The group took up its work in 2014; negotiations are focused on increasing user-based payments and contributions to the Treaty’s Benefit-sharing Fund, with the overall objective to enhance the functioning of the Treaty’s Multilateral System of Access and Benefit-sharing for food security and sustainable agriculture. The Working Group currently works on text-based negotiations for the revision of the Standard Material Transfer Agreement (SMTA) for exchanges of crops within the Treaty’s Multilateral System (MLS) (Annex I). At the same time, criteria and options are identified and considered for expansion of the coverage of the scope of the MLS. To reach compromise between the partners (Contracting Parties, private sector, NGO’s and academia), these two processes will need come into force at the same time. A detailed implementation plan to attain the enhanced MLS is under development and will take into account issues related to digital (sequence) information arising from PGRFA and Farmers Rights.

    Category: 2.Financial contributions to support farmers conservation and sustainable use of PGRFA such as contributions to benefit-sharing funds

    Type of measure/practice: Others

    197) Exceptions to plant breeders’ rights and patent rights in the Netherlands

    In the Netherlands, farmers have the right to save, use, exchange and sell of varieties not falling under the protection of plant breeders’ rights or patent rights. Though, these seeds need to comply with quality standards as defined in the national seed law, in accordance with the European Seed Marketing Directive. Regarding varieties protected by plant breeders’ rights or patent rights, the farm-saved seeds exemption applies. For plant varieties protected by national plant breeders’ rights, exemptions are regulated by the Dutch Seed Law (Zaaizaad- en plantgoedwet, 2005). For plant varieties protected by European plant breeders’ rights, exceptions are regulated by Regulation (EC) 2100/94 on Community plant variety rights. For plant varieties falling under a patent (Directive 98/44/EC on the legal protection of biotechnological inventions), the same provision applies. Based on these exemptions, farmers in the Netherlands can use farm-saved seeds of protected varieties of a number of agricultural crop species (e.g. cereals and potatoes) on their own farm against the payment of a remuneration to the holder of a plant breeders’ right, but are not allowed to market farm-saved seeds of protected varieties.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Legal

    198) Varieties for Diversity

    In 2013, the German Plant Breeders’ Association (BDP), in co-operation with the Federal Ministry of Food, Agriculture and Consumer Protection (BMEL) and the Federal Office for Agriculture and Food (BLE), established the initiative ‘Varieties for Diversity’. The objective is to enhance the availability of improved varieties to anybody who would wish to use those for the purposes and under the conditions of the Multilateral System (MLS). Thereby, the Varieties for Diversity initiative aims at implementing the principles of the breeders’ exemption also to those who might not be able to access the varieties concerned under normal market conditions. The core component is that protected premium plant varieties of German breeders are included in the MLS of the International Treaty. The varieties, including their climatic adaptations, are comprehensively described to facilitate the targeted selection of suitable plant material. They are easily accessible to anyone who signs the Standard Material Transfer Agreement (SMTA) through the German National Inventory of Plant Genetic Resources. For the genetic resources themselves, no payment is charged, but the recipient may have to pay for shipping costs and the necessary plant health certificates. So far, more than 300 varieties of German breeders have been included in the MLS.

    Category: 6.Facilitation of farmers’ access to a diversity of PGRFA through community seed banks, seed networks and other measures improving farmers’ choices of a wider diversity of PGRFA.

    Type of measure/practice: Technical; Administrative; Legal; Others

    199) Draft national legislation on plant genetic resources in Sudan (2016)

    The proposed national legislation on plants drafted in 2011 by a task force of technical and legal experts formed by the Ministry of Agriculture and Forestry. The draft legislation was then submitted to the concerned authorities in the Ministry of Justice in 2016 for further procedures and to the cabinet of ministers for approval. The draft legislation is aimed at: conservation and sustainable use of PGRFA to enhance food security and other public goods; facilitate access to PGRFA; equitable and fair sharing of benefits arising from the use of the PGRFA; and protection of farmer and community rights related to PGRFA. Chapter V, Section 35 refers specifically to the protection of Farmers’ Rights. It allows registration of new plant varieties developed and cultivated by farmers and protection of traditional knowledge associated with PGRFA. It further includes provisions on equitable sharing of benefits arising from the use of PGRFA and enables farmers to participate in decision-making at the national level in relation to the conservation of PGRFA and on conservation, use, exchange and sale of seeds and propagating materials of farmers' varieties. The draft legislation, once enacted, would realize Farmers’ Rights.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Legal

    200) Competitive fund of the Ministry of Agriculture of Chile to support innovation in the agricultural, agrifood and forestry sector

    The Foundation for Agricultural Innovation (FIA) is an agency of Chile’s Ministry of Agriculture, whose mission is to foster a culture of innovation in the agricultural, agri-food and forestry sectors by promoting, articulating and supporting initiatives by people and organizations that contribute to improving the livelihoods of farmers in all regions of the country. Main areas of work include, for example, sustainable agriculture, climate change adaptation, organic farming, agroecology and healthy food. Initiatives working in such areas can apply for competitive funds based on announcements of FIA and in case of success receive both technical as well as financial support. Through its work, FIA generates and strengthens platforms for collaboration among various actors in the productive sector and facilitates research, teaching, extension, advisory and consulting work, both by public and private actors.

    Category: 2.Financial contributions to support farmers conservation and sustainable use of PGRFA such as contributions to benefit-sharing funds

    Type of measure/practice: Technical; Others