Goldenrice0

Perspectives on the IPR Needs Perspectives on the IPR Needs of Developing Countriesof Developing Countries

Ronald P. Cantrell Director General

International Rice Research Institute

Importance of strengthen-Importance of strengthen-ing NARES capacitying NARES capacity

• True thenTrue then• True todayTrue today• True tomorrowTrue tomorrow

www.irri.knowledgebank.orwww.irri.knowledgebank.orgg

““The chief purpose of patent laws has always been The chief purpose of patent laws has always been to encourage the dissemination of information so to encourage the dissemination of information so that new technological knowledge could be that new technological knowledge could be introduced into the public domain more quickly.” introduced into the public domain more quickly.”

-- Gregory Conko, Competitive Enterprise Institute,-- Gregory Conko, Competitive Enterprise Institute, Washington, D.C. Washington, D.C.

In the context of today’s symposium, IPRs are In the context of today’s symposium, IPRs are being discussed as they are related specifically to being discussed as they are related specifically to biotechnology and GMOs as tools to:biotechnology and GMOs as tools to:

• Achieve sustainable improvement of crop and livestock Achieve sustainable improvement of crop and livestock productivity. productivity.

• Enhance human and animal health. Enhance human and animal health.

• Develop renewable resources.Develop renewable resources.

The poor deserve The poor deserve the best science has the best science has to offer and much of to offer and much of it will be tied to it will be tied to biotechnology—and biotechnology—and the IPR strings the IPR strings attached to it! attached to it!

BecauseBecause IRRI’s primary clients are developing IRRI’s primary clients are developing country NARES, which in turn serve poor farmers country NARES, which in turn serve poor farmers within their respective borders, it is useful to show within their respective borders, it is useful to show how IRRI has adjusted its IPR policies on how IRRI has adjusted its IPR policies on germplasm over the yearsgermplasm over the years. .

Historically, IRRI’s IPR Historically, IRRI’s IPR policy for germplasm policy for germplasm was simple and driven was simple and driven by our mission to by our mission to “improve the well-being “improve the well-being of present and future of present and future generations of rice generations of rice farmers and consumers, farmers and consumers, particularly those with particularly those with low incomes.” low incomes.”

IRRI produces and IRRI produces and disseminates—without disseminates—without restraints—rice restraints—rice germplasm and germplasm and knowledge as knowledge as global global public goodspublic goods. .

1993 Convention on Biological Diversity (CBD): 1993 Convention on Biological Diversity (CBD):

• Changed the status of plant genetic resources fromChanged the status of plant genetic resources from being a global heritage of mankind to being subject being a global heritage of mankind to being subject to national sovereignty open to IPRs. to national sovereignty open to IPRs.

• Invalidated fundamental tenets of the CGIAR that Invalidated fundamental tenets of the CGIAR that unrestricted free exchange and exploitation of plant unrestricted free exchange and exploitation of plant genetic resources were acceptable activities to genetic resources were acceptable activities to facilitate poverty alleviation. facilitate poverty alleviation.

PVP Legislation:PVP Legislation:

The progressive introduction of national and/or regional The progressive introduction of national and/or regional legislation on plant variety protection has provided for the legislation on plant variety protection has provided for the legal designation of IP ownership and IPR protection for legal designation of IP ownership and IPR protection for new and/or traditional varieties in the country or region new and/or traditional varieties in the country or region concerned.concerned.

International Undertaking on Plant Genetic International Undertaking on Plant Genetic Resources (IUPGR; 1983 and Resources (IUPGR; 1983 and revised in 1989, 1991, 1993):revised in 1989, 1991, 1993):

Began with early guidelines for the fair collection of Began with early guidelines for the fair collection of germplasm and later introduced the concept of germplasm and later introduced the concept of “In Trust”“In Trust” germplasm collections with obligatory defensive material germplasm collections with obligatory defensive material transfer agreements (MTAs), in an attempt to retain the transfer agreements (MTAs), in an attempt to retain the status of plant genetic resources in CGIAR genebanks as status of plant genetic resources in CGIAR genebanks as global public goods.global public goods.

International Treaty on Plant Genetic Resources for International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA): Food and Agriculture (ITPGRFA):

• Comes into force on Comes into force on 29 June 200429 June 2004. .

• Intergovernmental agreement on the exchange of Intergovernmental agreement on the exchange of germplasm in harmony with the CBD, which will germplasm in harmony with the CBD, which will introduce additional changes that will require introduce additional changes that will require corresponding adjustments in IPR policies. corresponding adjustments in IPR policies.

Current IPR Status at IRRI: Current IPR Status at IRRI:

• For the distribution of In Trust germplasm, now using For the distribution of In Trust germplasm, now using a new legally enforceable Interim MTA. a new legally enforceable Interim MTA.

• Have in place a single gateway for germplasm into Have in place a single gateway for germplasm into and out of IRRI to ensure compliance with all legal and out of IRRI to ensure compliance with all legal obligations. obligations.

• For the distribution of germplasm bred by or with For the distribution of germplasm bred by or with NARES partners, developed and using a “third- NARES partners, developed and using a “third- party” MTA. party” MTA.

IRRI’s Philosophy for the Future:IRRI’s Philosophy for the Future:

IIt is inevitable that we will need to seek more licenses to t is inevitable that we will need to seek more licenses to needed new technologies, provided that they do not needed new technologies, provided that they do not undermine our mission and do not compromise the benefits undermine our mission and do not compromise the benefits to our NARES partnersto our NARES partners..

NARES’ Access to GMOs:NARES’ Access to GMOs:

• IRRI can monitor GMO advances and only commit itself toIRRI can monitor GMO advances and only commit itself to develop highly selected, transgenic varieties when IP develop highly selected, transgenic varieties when IP license issues and biosafety issues can be clarified. license issues and biosafety issues can be clarified.

• IRRI distributes these products only to NARES partnersIRRI distributes these products only to NARES partners who themselves have developed nationally approved IP who themselves have developed nationally approved IP and biosafety guidelines. and biosafety guidelines.

Differences Across Developing Countries:Differences Across Developing Countries:

These includeThese include nuclear powers with extensive nuclear powers with extensive commercial agricultural production systems and commercial agricultural production systems and sophisticated agricultural research capacity (e.g., India sophisticated agricultural research capacity (e.g., India and Brazil) to rural countries that have rather limited and Brazil) to rural countries that have rather limited research capacities or are on the brink of starvation research capacities or are on the brink of starvation (e.g., Myanmar and North Korea). (e.g., Myanmar and North Korea).

A “one-size-fits-all” approach to IPRs is neither A “one-size-fits-all” approach to IPRs is neither feasible nor desirable. feasible nor desirable.

Countries have different needs and capacities and Countries have different needs and capacities and what is best for one is unlikely to be best overall, what is best for one is unlikely to be best overall, and thus unlikely to be best for society. and thus unlikely to be best for society.

-- U.K. Royal Society 2003; Cary Fowler, Centre for International -- U.K. Royal Society 2003; Cary Fowler, Centre for International Environment and Development Studies, University of Norway.Environment and Development Studies, University of Norway.

Maize technology development in BrazilMaize technology development in Brazil: :

• Both the local and international private sector Both the local and international private sector companies are there companies are there. .

• EMBRAPA (the Brazilian NARES) develops maize EMBRAPA (the Brazilian NARES) develops maize inbreds and licenses them to a “club” of international inbreds and licenses them to a “club” of international and national private companies and national private companies. .

• Changes in the use of IPRs for germplasm have Changes in the use of IPRs for germplasm have made little difference here made little difference here. .

Four Categories of Technology SuppliersFour Categories of Technology Suppliers: :

• National public (NARES)National public (NARES), e.g., EMBRAPA, PhilRice,, e.g., EMBRAPA, PhilRice, CNRRI, URRC CNRRI, URRC..

• National privateNational private, e.g., Mahyco & EID Parry Ltd. (India),, e.g., Mahyco & EID Parry Ltd. (India), Kenya Seed Co., many hybrid seed companies in Kenya Seed Co., many hybrid seed companies in China.China.

• International publicInternational public, e.g., University of Minnesota, IRRI, e.g., University of Minnesota, IRRI..

• International privateInternational private, e.g., Monsanto, Syngenta, Bayer, e.g., Monsanto, Syngenta, Bayer AG, Pioneer/Dupont, CeresAG, Pioneer/Dupont, Ceres. .

DuringDuring IRRI’s recent IRRI’s recent quinquennial external quinquennial external program review, the panel program review, the panel enthusiastically endorsed enthusiastically endorsed the Institute’s continued the Institute’s continued role as a producer of role as a producer of global public goodsglobal public goods. .

Will technology suppliers—be they private sector Will technology suppliers—be they private sector companies or, increasingly, public sector companies or, increasingly, public sector universities—share their proprietary products universities—share their proprietary products royalty-free for humanitarian purposes and/or their royalty-free for humanitarian purposes and/or their monetary rewards with appropriate stakeholders? monetary rewards with appropriate stakeholders?

Examples: Golden Rice & Examples: Golden Rice & Xa21Xa21 disease disease resistance gene. resistance gene.

To date, Golden Rice is To date, Golden Rice is probably the best probably the best example of the value of example of the value of private sector donations private sector donations of IP licenses combined of IP licenses combined with extensive public with extensive public sector and charitable sector and charitable research.research.

Five major companies licensed Five major companies licensed free-of-charge technology used free-of-charge technology used in Golden Rice development. in Golden Rice development.

In exchange for facilitating the In exchange for facilitating the availability of GoldenRice™ to availability of GoldenRice™ to small farmers in developing small farmers in developing countries, Syngenta would have countries, Syngenta would have rights to the rice for developed rights to the rice for developed country exploitation.country exploitation.

The licenses allowed the The licenses allowed the co-inventors to deliver co-inventors to deliver the first seed samples of the first seed samples of Golden Rice to IRRI in Golden Rice to IRRI in early 2001.early 2001.

The discovery of the protective The discovery of the protective Xa21 Xa21 locus—which locus—which provides excellent resistance to rice bacterial blight—provides excellent resistance to rice bacterial blight—and the eventual patenting of the gene is a saga of the and the eventual patenting of the gene is a saga of the last quarter century that literally spans the globe—last quarter century that literally spans the globe—from Mali to India to the Philippines and on to New from Mali to India to the Philippines and on to New York and California. York and California.

We applaud the idea of UC We applaud the idea of UC Davis to set up a voluntary Davis to set up a voluntary benefit-sharing arrangement benefit-sharing arrangement called the Genetic Resources called the Genetic Resources Recognition Fund (GRRF).Recognition Fund (GRRF).

It targets, among the first It targets, among the first beneficiaries, local people in beneficiaries, local people in Mali and other developing Mali and other developing countries where the wild countries where the wild rice, rice, O. longistaminataO. longistaminata, is , is found. found.

Access to new labor-Access to new labor-saving, productivity-saving, productivity-increasing technologies increasing technologies will play a crucial role in will play a crucial role in helping the developing helping the developing world’s poor farmers world’s poor farmers and consumers break and consumers break out of poverty and out of poverty and obtain food security.obtain food security.

IPR concepts, particularly for IPR concepts, particularly for crop germplasm, have changed crop germplasm, have changed dramatically during the past dramatically during the past decade, but IRRI, for one, has decade, but IRRI, for one, has worked hard to adjust its IPR worked hard to adjust its IPR policies on germplasm to new policies on germplasm to new developments tied to the CBD, developments tied to the CBD, IUPGR, and ITPGRFA.IUPGR, and ITPGRFA.

We will continue to work with We will continue to work with our NARES partners to deal our NARES partners to deal with continually evolving IPR with continually evolving IPR issues.issues.

Many international private Many international private companies and public companies and public sector universities are sector universities are making discoveries that making discoveries that can be channeled by IRRI can be channeled by IRRI and others for the benefit of and others for the benefit of the poor with perhaps the poor with perhaps spectacular gains in the spectacular gains in the coming decade. coming decade.

Really, the fun has just Really, the fun has just begun!begun!