International Treaty on Plant Genetic Resources for Food and Agriculture

1. International Treaty on Plant Genetic Resources for Food and Agriculture Conservation, exchange, and use of rice genetic resources Ruaraidh Sackville Hamilton, T.T. Chang Genetic Resources Centre

2. Outline • Conserving the diversity of rice • The need to share • Responsibly! • Convention on Biological Diversity • International Treaty on Plant Genetic Resources for Food and Agriculture • Current germplasm exchange: • The Standard Material Transfer Agreement • Obtaining rice from IRRI • Sending or bringing rice to IRRI 2012 rice breeding course

3. 2012 rice breeding course

4. The rice genebank at IRRI • Aim: conserve rice diversity and make it available for use in research and breeding • Even / especially if no known commercial value • Largest, most diverse rice collection • 128 countries • 115,000 accessions • > 20% of global holdings in genebanks • Mostly (107,000) Oryza sativa • Mostly landraces / traditional varieties • ≥ 1 accession of every species of Oryza • Started in 1960 (=birth of IRRI) • 1960-1970 assembling varieties collected by others • World’s largest since 1966 • 1970-2000 collecting from farmers and wild habitats 2012 rice breeding course

5. The need to conserve • Diversity for almost any purpose • Climate change & stress tolerance • New diseases, pests, weeds • Polluted, degraded or saline soils • Cold, heat, drought, flood • Early-morning flowering • Food quality • Taste / perceived quality • Nutritional value / health benefits • For specific market preferences • Introducing new agricultural technologies • E.g. hydroponic rice • Often in inferior genetic backgrounds • Many old varieties now extinct on farms 2012 rice breeding course

6. The need to share By combining varieties from different countries, we can breed varieties that are better than anything any one country can produce alone IR8: the 1st green revolution rice cultivar • Bred in IRRI 1965 • Released in 22 countries • Mother = Peta • From Indonesia x • Father = Dee Geo Woo Gen • From Taiwan • In >50% of modern varieties 2012 rice breeding course

7. Complex origins of modern cultivars 2012 rice breeding course

8. Sharing:science & philanthropy vs politics & ownership Our mission: Reduce poverty & hunger, improve health, and ensure environmental sustainability through research, partnerships, and training  share But consider the scenario: You use your training to join a multi-national corporation: you take rice that came from Thailand, and use it to discover a unique gene which you patent & try to sell back to Thailand … beware! 2012 rice breeding course

9. Some questions to ask yourself about the rice you use for breeding & research • Can you prove your right to use it? • Documentation on how you obtained it • Documentation on your rights • Did you buy it from a shop? • Rights to eat and trade, not research • Did you buy it from a seed merchant? • Rights to grow and market grain, not breed • Did you breed it yourself? • Were you allowed to use its parents for breeding? • Do pass-through conditions apply to it? • Were you given it without written agreement? • Beware! 2012 rice breeding course

10. If someone offers you a sample of rice, should you take it? • Are they authorized to give it to you? • Can they show you how they obtained it and under what conditions? • Under what conditions can they give it to you? • What will they allow / require you to do with it? 2012 rice breeding course

11. Convention on Biological Diversity(1993: CBD) • Each country • Has sovereignty over biodiversity present in and originating in its territory • Has a right to share benefits arising from use of biodiversity under its sovereignty • Is responsible for conserving biodiversity in its own territory • Member countries commit to share genetic resources • With “Prior Informed Consent” of country of origin • Subject to “Mutually Agreed Terms” • To include benefit-sharing with country of origin 2012 rice breeding course

12. Convention on Biological Diversity • Governs all biodiversity in country of origin • landscape, ecosystem, species, subspecies, variety, gene • wild, domesticated • agricultural, medicinal, silvicultural, aquacultural • in situ, ex situ • Not retroactive • Does not govern biodiversity taken out of its country of origin before 1993 • 193 nations are Party to the agreement • All except 4: USA, Vatican, Andorra, South Sudan • Most widely adopted UN agreement ever 2012 rice breeding course

13. Access to biodiversity under the CBD • If you want to obtain rice from another country, you must • Obtain the Prior Informed Consent (PIC) of government of the country of origin • Get the governments of the provider and recipient to negotiate and agree Mutually Agreed Terms (MAT) • Direct agreement between individuals / organizations not permitted! • Problem for crops! 2012 rice breeding course

14. International Treaty on Plant Genetic Resources for Food and Agriculture • Overall Objectives same as CBD • Conservation of biodiversity • Sustainable use of its components • Equitable sharing of benefits • Adds specific rules applicable to • A subset of biodiversity • Crops and wild relatives important for food securityincluding Oryza • A subset of uses • Food and agriculture • For food and agriculture based on the specified crops & wild relatives in member countries, the Treaty replaces CBD 2012 rice breeding course

15. Innovative features of the Treaty • Farmers’ rights • 1st international agreement to specify farmers’ rights • Multilateral System of Access and Benefit-sharing • All member countries agree the same set of rules • Every transfer of germplasm governed by a Standard Material Transfer Agreement (SMTA) • Responsibilities delegated to individuals • The Treaty is a legal agreement between governments(Parties to the Treaty) • Each germplasm exchange with SMTA is a legal agreement between individuals / organizations(parties to the SMTA) 2012 rice breeding course

16. Standard Material Transfer Agreement • A legal contract that must be used when one person (provider) sends a sample to another (recipient) • The SMTA specifies the rights and obligations of provider and recipient • Complicated language but simple intent: • Recipient free to make fair and reasonable use of the material for conservation and sustainable development in food and agriculture • Including making commercial profits! • Benefits realised by the user to be shared fairly and equitably • Same conditions apply to subsequent recipients 2012 rice breeding course

17. Obtaining germplasm from IRRI The procedure Your rights and obligations as recipients

18. Procedure for obtaining germplasm • You • Submit request (usually by email to IRRI scientist) • State acceptance of SMTA • Send shipping instructions • Send import permit if required • IRRI scientist • Checks status and availability • Prepares germplasm • Transmits germplasm and request to Seed Health Unit • Seed Health Unit • Tests, treats & certifies seed as necessary • Checks documents: SMTA, permits, certificates • Packs and sends shipment 2012 rice breeding course

19. Your rights on germplasm received with SMTA • Subject to certain conditions, you can do anything that governments consider reasonable and fair and within scope of the Treaty: • Conserve the germplasm • Use it for breeding, research and training for food & agriculture • Distribute it to others • Develop and distribute breeding and research materials derived from it • Develop and commercialise products derived from it • Claim the rights to your own intellectual property on products you derive from the material 2012 rice breeding course

20. What you can’t do • Use it for any purpose other than research, breeding and training for food and agriculture • Use of the material for chemical, pharmaceutical and/or other non-food/feed industrial uses is explicitly prohibited • Claim intellectual property or other rights that “limit the facilitated access to the material you receive, or its genetic parts or components, in the form you receive it” 2012 rice breeding course

21. What you must do (1) • You must make available all non-confidential information resulting from your research on the material • If you conserve it, • you must make it and related information available to others • If you distribute it to others, • do so under a new SMTA 2012 rice breeding course

22. What you must do (2) • If you use germplasm received with an SMTA to develop/breed genetic stocks or improved breeding lines, and you distribute them to others as "PGRFA under Development", • do so under a new SMTA, in which you: • specify that the material is PGRFA under Development • identify the ancestors that you received with SMTA and used to create your PGRFA under Development • add your own extra conditions if you wish 2012 rice breeding course

23. What you must do (3) • If you develop and commercialize a product using germplasm received with SMTA, you may have to • Pay a percentage of your sales to the Governing Body • Submit annual reports to the GB on your liability to payment 2012 rice breeding course

24. Sending or bringing rice to IRRI Sending rice to IRRI for use by others vs Bringing rice to IRRI for your own use:Identical requirements!

25. The procedure • You • Check you have the authority to provide it • Seek advice from IRRI if you wish • Prepare / obtain necessary documents • Seek advice / assistance from IRRI if you wish • Philippine import permit from SHU • Export permit and phytosanitary certificate • MTA or other contract – probably SMTA • Comply with conditions of MTA • Ship or bring to IRRI via SHU • Seed Health Unit • Checks documents • Tests seed as necessary • Releases to IRRI scientist or you 2012 rice breeding course

26. Are you authorized? • You previously obtained the rice with SMTA or you bred it from rice received with SMTA • Yes, you are authorized, and you must use SMTA • The rice is a protected variety • Depends on the form of protection and how you got it • Otherwise, it depends on who you are: • Working for a government-controlled organization in a country that is a member of the Treaty • You are in a country that is a member of the Treaty but not in a government-controlled organization (typically farmer, NGO, private sector) • You are in a country that is not Party to the Treaty 2012 rice breeding course

27. Parties to the Treaty and CBD(July 2012) = Treaty: www.fao.org/Legal/TREATIES/033s-e.htm = CBD not Treaty: www.cbd.int/convention/parties/list 2012 rice breeding course

28. Two classes of material • Regular plant genetic resources for food and agriculture (PGRFA) • Use SMTA exactly as is • PRGFA under development(= breeding lines developed from regular PGRFA) • Use SMTA • If desired, add ancillary conditions, e.g. • Restrictions on use • Confidentiality over data 2012 rice breeding course

29. Government-controlled organization in a country that is a Party to the Treaty • Germplasm received with SMTA • SMTA requires you to grant access, using SMTA • Breeding lines developed by you • You may grant access at your own discretion • You must use SMTA if any ancestors received with SMTA • Protected germplasm managed by you • Authority and conditions depends on the protection • Public domain germplasm under your management • Your government authorizes and requires you to grant access, using the SMTA 2012 rice breeding course

30. (2) In a Party country, not government controlled • Germplasm received with SMTA • SMTA requires you to grant access, using SMTA • Breeding lines developed by you • You may grant access at your own discretion • You must use SMTA if ancestors under SMTA • Protected germplasm managed by you • Authority and conditions depends on the protection • Other germplasm managed by you • Governing body invites you to grant access through the SMTA • Your government encourages you to grant access through the SMTA • If you do not grant access, the Governing Body may take measures against you • include denying you access to other germplasm 2012 rice breeding course

31. (3) Your country is not Party to the Treaty • Germplasm received with SMTA • SMTA requires you to grant access, using SMTA • Breeding lines developed by you • You may grant access at your own discretion (? CBD ?) • You must use SMTA if ancestors under SMTA • Protected germplasm managed by you • Authority to provide access depends on the protection • Other germplasm managed by you • Governing Body invites you to grant access through the SMTA • Germplasm received from other countries before 1993: • You may grant access, using SMTA if you wish • Traditional cultivars and other public domain germplasm from your country • Subject to authorization by your CBD authority 2012 rice breeding course

32. Conclusion • Safe conservation and responsible sharing of rice diversity is essential for sustainable development • Strict rules must be followed to move germplasm between countries • Germplasm exchange can be simple provided we do it properly 2012 rice breeding course

33. Thank you