Environmental Engineering Reference
In-Depth Information
experience in accessing the genetic resources and undertaking bene
t-sharing so as to
identify approaches for involvement of stakeholders. The major achievement of this con-
sultation process is the adoption of the Bonn guidelines. At the last meeting, CoP-8, at
Curitiba, Brazil, in 2006, it was further decided to establish a group of technical experts
to explore and elaborate the possible options for developing an internationally recognized
certi
fi
ts, with a view
to achieving the objectives of Article 15 and 8(j) of the CBD. There is a Working Group
on ABS already in place to develop indicators for assessment. This group held its
fi
cate of origin and analyse its practicality, feasibility, costs and bene
fi
fi
fth
meeting in October 2007 for
fi
nalization of these indicators, and to look into issues related
to certi
cate of origin and measures to support PIC requirements and material transfer
agreement.
fi
WIPO
The World Intellectual Property Organization (WIPO) has also been attempting to look
into the ABS-related issues through the IGC since 2001. The
nal report of the group was
expected by the end of 2007.
8
However, the IGC proceedings have not so far identi
fi
fi
ed any
point of convergence between the di
ering views of the members. The IGC objective was
to forge a consensus on the issues related to the protection of traditional knowledge and
evolving mechanisms for PIC and ABS. At the Curitiba meeting of the CBD, WIPO was
invited to brief the meeting about the emerging views at IGC. This was one of the impor-
tant initiatives to bridge the working of CBD and WIPO. WIPO has basically three
treaties: the Patent Law Treaty (PLT); the Patent Cooperation Treaty (PCT); and a new
one, which has been proposed as the Substantive Patent Law Treaty (SPLT). Apart from
IGC, WIPO has also initiated discussion on ABS through fora such as PCT and SPLT.
ff
FAO
The conclusion of the ITPGRFA under the aegis of the FAO further encouraged protec-
tion and promotion of farmers' rights and the indigenous knowledge system. This legally
binding treaty covers all plant genetic resources relevant to food and agriculture. It is in
harmony with the CBD. Its objectives are the conservation and sustainable use of plant
genetic resources for food and agriculture and the fair and equitable sharing of bene
ts
derived from their use, in harmony with the CBD, for sustainable agriculture and food
security. In this way it further reinforces the dialogue at the CBD. The Treaty contains
speci
fi
c suggestions for ABS.
9
Article 17 suggests establishment of a global information
system (GIS) for facilitating dissemination of information on plant genetic resources
along with details on access to technology for improving them. There is also a provision
for capacity-building for absorbing all the bene
fi
ts from such a transfer of technology
(art. 13.2c). Apart from this, Article 13.2d refers to sharing of monetary and other
bene
fi
ts out of the commercialization of plant genetic resources (PGR) and related
knowledge.
fi
CBD and IPR regime: current impasse at WTO
At the Doha Ministerial the developing countries joined the debate on IPR issues in a
major way. In this debate, several developing countries contributed through their sub-
missions on, for example, biodiversity and indigenous knowledge. The impetus for the
inclusion of these additional issues also comes from the Doha Development Agenda
