Require applicant for plant variety protection to disclose the source of genetic material used in the development of a plant variety for which protection is sought, whether it is legally acquired
Misappropriation of local plant genetic resources through the plant variety protection system (PVP) is a major concern for developing countries. Several developing countries such as India (2001), Thailand (1999), Malaysia (2004) and Egypt (2002) implement a disclosure obligation in their national PVP legislation. The obligation requires an applicant seeking PVP to disclose information about genetic material used in the development of the plant variety for which PVP protection is sought i.e. provide evidence that breeding material has been lawfully obtained, require applicant to show prior informed consent of the farmers/communities who have developed/conserved the materials has been obtained and compliance with benefit sharing requirements. Disclosure facilitates identification of farmers and local communities that should be entitled to benefit sharing payments. Disclosure obligation supports Article 9.1 of ITPGRFA which recognizes the historical and present contribution of local, indigenous communities and farmers and furthers implementation of Article 9.2(a) and (b) of the ITPGRFA. A challenge in implementation is the UPOV system which does not recognize or allow countries to institute disclosure obligations in national PVP law, although a prerequisite to further implementation of Farmers’ Rights. As such, several countries have opted for alternative sui generis PVP systems that incorporate disclosure obligation.
DOI | (not set) |
Most relevant categories | - Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.
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Also relevant categories | - Recognition of local and indigenous communities’, farmers’ contributions to conservation and sustainable use of PGRFA, such as awards and recognition of custodian/guardian farmers
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Institution/organization | Civil Society Organization |
Provision of Art. 9 addressed | Art. 9.1; Art. 9.2a; Art. 9.2b |
Types | Legal |
Countries | Thailand; Malaysia; Egypt; India |
Regions | Global |
Keywords | Benefit-sharing; Farmers’ Rights; Farming communities; Genetic resources; PGRFA; Traditional knowledge |
Resource link | https://www.fao.org/3/ca8240en/ca8240en.pdf |
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