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

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

13 August 2012 2012 rice breeding course 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



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


The need to conserve

• Diversity for almost any purposeClimate 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


The need to share

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

By combining varieties from different countries, we can breed varieties that are better than anything any one country can produce alone

By combining varieties from different countries, we can breed varieties that are better than anything any one country can produce alone


Release country Variety name

N parental varieties

N source countries

CUB ECIA 128 54 24

KOR SUWEON 300 50 16

KOR SUWEON 312 50 16

PHL IR 42 48 18

VEN CT 8240-1-3-9P-M 47 16

VEN FONAIAP 2000 47 16

COL FEDEARROZ 275 46 15

VEN FUNDARROZ PN 1 46 17

Complex origins of modern cultivars


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!


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!


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?


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


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


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!


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


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)


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

Obtaining germplasm from IRRI

The procedureYour rights and obligations as recipients


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


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


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”


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



• 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



• 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

Sending or bringing rice to IRRI

Sending rice to IRRI for use by othersvs

Bringing rice to IRRI for your own use:Identical requirements!


• 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

The procedure


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


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

Arctic Circle

http://www.fao.org/Legal/TREATIES/033s-e.htm

http://www.cbd.int/convention/parties/list


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


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


(2) In a Party country, not government controlled


• 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


(3) Your country is not Party to the Treaty


• 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


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

Thank

you

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

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