WORLD TRADE
ORGANIZATIONIP/C/W/108/Add.6
12 April 1999
(99-1445)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
TECHNICAL COOPERATION ACTIVITIES:  INFORMATION FROM
OTHER INTERGOVERNMENTAL ORGANIZATIONS
FOOD AND AGRICULTURE ORGANIZATION (FAO)
Addendum
The present document reproduces the updated information on the FAO's technical and
financial cooperation activities relevant to the implementation of the TRIPS Agreement, which has
been received from the FAO by means of a communication, dated 26 March 1999.
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Technical and Legal Assistance to FAO Member States
FAO technical assistance to developing countries in relation to TRIPS is focused on assisting
national authorities in analysing their needs and id entifying appropriate policy options; strengthening
the relevant capacities; formulating or revising national legislation; and advising on the structure and
functions of the institutions involved.
The Plant Production and Protection Division a nd the Animal Production and Health Division
of FAO have extensive experience in assisting member countries with those aspects of TRIPS
associated with genetic resources conservation and utilization, seed policies and programmes and
plant and animal breeding.  The Development Law Service of the FAO Legal Office assists member
countries with seed and propagating material legislation, plant variety protection legislation -
including sui generis  systems and Farmers' Rights.
Specifically, in TRIPS-related matters FAO provides:
1. Technical assistance:
- advising Member Governments on their plant breeding and seed and planting material
regulations and systems;
- defining criteria for the formulation and implementation of regional and national seed policies
and programmes;
- assisting with plant variety maintenance and replacement;- advising on technical aspects of seed testing, certification and plant variety protection; andIP/C/W/108/Add.6
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- advising on both technical and policy aspects of the conservation and sustainable use of farm
animal genetic resources, animal breeding techniques and systems.
- participating - together with the WB, FMI, WTO, UNCTAD, ITC and UNDP - in an
Integrated Framework Programme to provide technical assistance to the 48 least-developedcountries in trade-related matters, including the implementation of the TRIPS Agreement.The Director General of FAO has reitera ted FAO's willingness to collaborate in the
implementation of the programme, given the relevance of the Organization's technicalexpertise in agriculture, forestry and fisheries, as well as the mandate for the said type ofassistance arising from the World Food Summit Plan of Action.
The Programme is coordinated by an Inter-Departmental Task Force on Follow-up to the
Uruguay Round, which is in the process of identifying the trade-related technical assistance
needs of the said countries in order to incorporate them in the national assistance programmes
which will be further discussed and finalised by the competent authorities and organizations.
2. Legal assistance:
- providing developing countries with a broad range of legal advice on the drafting of
legislation.  This involves close collaboration with the national authorities and normally
includes the following steps:
(i) reviewing and analysing the legislation in force (or drafts) and the institutional
framework governing intellectual property protection - with specific reference to
plant varieties - and seed production - including quality control, marketing, export
and import;
(ii) identifying the specific objectives to be attained by legislation in the light of the
government's priorities and needs;
(iii) formulating a draft act and regulations, or amendments to the existing legislation;(iv) submitting recommendations and their discussion with the relevant national
authorities;
- assisting in the formulation of national legislation to protect plant varieties.  This has
involved:
(i) analysing national needs and identifying appropriate policy options;
(ii) reviewing existing legislation; and(iii) advising on the structure and functions of implementing agencies.FAO's experience over many years has shown that justice cannot be done to the particular
needs and circumstances of individual countries by theoretical studies or model laws.  Sui
generis  systems are to be developed to suit the need of individual countries.
In an Annex to this document, relevant examples are given of projects under which FAO
provides technical assistance related to Article 27.3(b) of the TRIPS Agreement to developing
countries.IP/C/W/108/Add.6
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3. Capacity building:
- supporting workshops and meetings on both technical and legal matters relevant to the TRIPS
Agreement.  FAO has also supported and participated in a number of workshops and meetings
on matters relevant to plant variety protection.  In May 1996, for example, FAO providedassistance to the Swaminathan Research Foundation in India for a Technical Workshop on an
Implementation Framework for Farmers' Rights .  (The Swedish International Development
Authority (SIDA) also supported this consultation).  The Workshop was attended by
international experts, including representativ es from the WTO and UPOV Secretariats.  The
proceedings have now been published, under the title, "Agrobiodiversity and Farmers'
Rights".  In September 1998 FAO and the Agency for International Trade, Information and
Cooperation (AITIC) sponsored the Workshop  "Uruguay Round Agreements - Implications
for Agriculture, Forestry and Fisheries in the Less Advantaged Developing Countries" of
which session 8 was devoted to the relationship between the FAO International Undertaking
on Plant Genetic Resources, the Convention on Biological Diversity, and TRIPS.  FAO has
participated at a number of workshops, seminars and symposia organized by various
governmental and non-governmental organizations.
- organizing and implementing a special "Umbrella Training Programme on the Uruguay
Round and Future Negotiations in Agriculture"  which includes a strong component dealing
with the TRIPS Agreement.  The programme aims at enhancing national capacity on WTO
issues so that countries are in a stronger position to meet their obligations and gain thebenefits under the existing WTO Agreements and are better prepared to participate in the next
round of Multilateral Trade Negotiations.  Countries will, thus, be able to benefit from the
process, minimize possible adverse effects, develop their own negotiating position and
evaluate proposals made by others.  The specific objectives of the training programme are:
 
(i) improving understanding of the existing WTO Agreements so that countries are well
prepared and knowledgeable about their existing obligations as well as able to discuss
future negotiations;
(ii) preparing participants to analyse new issues  that are likely to arise in the negotiating
process and  the consequences for them of alternative positions; and
(iii) taking up and debating special issues of regional/sub-regional concern.The training programme will also provide information and guidance on electronic access to
sources of information (including the FAO web- site) covering interpretation, impact, transition
measures and debate on the UR Agreements.
The implementation of the entire Umbrella Programme will entail the organization and
execution of 14 sub-regional training courses distributed by region as follows: Africa (4 courses);
Asia (3 courses); Near East (2 courses); Europe (2 courses);  and Latin America (3 courses),
comprising all developing countries and countries in transition regardless their membership statusbefore WTO.
The estimated cost of the entire programme is  in the range of US$ 2.5 million including the
preparation of the necessary training modules in three languages (English, Spanish and French).  The
endeavour will be supported jointly by FAO and bilateral and multilateral donors.
The target audience of the training programme will comprise the policy analysts as well as the
technical specialists in the relevant ministries (but also in the private sector and academic institutions)IP/C/W/108/Add.6
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who have the responsibility of advising the governments on their negotiations in the WTO for the
agricultural sector.  The emphasis would be on strengthening the countries’ analytical capacity on
trade-related issues in areas where FAO has competence and comparative advantage vis-a-vis  other
agencies.
The training programme will be articulated into a number of modules which may be
combined to provide a package of training corresponding to a group of countries’ specific needs.
These modules would be organized under the following headings: (i) General Topics; and (ii) Specific
Topics.  The latter comprises the Agreement on Agriculture, the Agreement on the Application of
Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade, and the
TRIPS Agreement.
During the preparatory phase of the programme, an Orientation Workshop for the regional
and sub-regional FAO outposted policy staff, designated as focal officers of the UmbrellaProgramme, was held in FAO headquarters from 30 November to 4 December 1998.  The said staff
is responsible for the organization and running of the specific regional/sub-regional courses and willdesign and implement region-specific training programmes.IP/C/W/108/Add.6
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ANNEX
Examples of FAO Technical Assistance Projects
Belize
Under the Technical Cooperation Programme, TCP/BZE/6611: "Mandatory Health Certification Scheme
for Citrus", the government was assisted in the drafting of legislation to regulate the citrus certification
scheme.
Caribbean Region
In 1995, the FAO Trust Fund project, GCP/RLA/ 108/ITA, "Improved Seed Production, CARICOM
Countries and Suriname", contributed to the drafting of a model Seed Act for the region and of a draft
Plant Breeders' Rights Act, which the Governments are now considering.
CEPGLAssistance was furnished to the countries of the Communauté Economique des Grands Lacs (CEPGL)
under a regional project, RAF/89/049: "Controle des échanges semenciers" , with the objective of
analysing the legal and administrative national frameworks related to seeds and formulating the
necessary legal instruments .  A Draft Convention on Seed and Planting Material Exchanges was
drafted as a result of the project.
Chile
There is a project in the pipeline for support by  FAO's Technical Cooperation Programme, with the
objective of strengthening Chile's national programme for the conservation and sustainable use of
plant genetic resources for food and agriculture .  One specific objective covers the preparation of a
draft instrument to regulate collection, conservation, exchange and utilization of plant genetic
resources for food and agriculture.
China
In 1994, the FAO/World Bank Cooperative Programme prepared a project for World Bank Funding,
based on the commercialization of a number of provincial seed companies, and the introduction of a
supporting policy environment, including the establis hment of a system of plant varietal protection
that conforms to the requirements of the GATT Uruguay Round .  The US$ 185.5 million project was
approved by the World Bank in June 1996, and includes a technical assistance component for
advising on varietal protection systems.
Democratic Republic of the CongoUnder a previous phase of the FAO/UNDP project, ZAI/92/002, "Assistance à la production
semencière" , a Seed Law was drafted, which is currently being considered by the government.IP/C/W/108/Add.6
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Dominican Republic
Under its Technical Cooperation Programme,  TCP/DOM/2352, FAO assisted the government, inter
alia, in the reorganization of the seed certification services and the drafting of a Seed Law and
Regulations .  The relevant authorities received also advice on matters related to plant varietal
protection.
EcuadorIn 1998 within the framework of the Technical Cooperation Programme, TCP/ECU/6712: "Apoyo a la
Reestructuración del Sistema Nacional de Semillas" , FAO assisted the government in the formulation
of a Draft Seed Law, which is now before Parliament, aimed at developing the national seed industry
and meeting the standards for seed movement in national and international trade.  In addition, nationalauthorities received comments and advice on plant varietal protection in relation to a comprehensive
governmental Draft Law on Intellectual Property Rights.
El Salvador
In 1994, a project under the FAO's Technical Cooperation Programme, TCP/ELS/4452 , "Apoyo a la
Reestructuración del Organismo Certificador de Semillas" , assisted the Government, inter alia,  in
drafting a Seed Law and Regulations.  In addition, national authorities were advised on Plant Variety
Protection matters.
Georgia
Under the FAO Technical Cooperation Programme project, TCP/GEO/6711, an interdisciplinary
mission assisted the authorities to build up a national seed industry development programme,
including the relevant law and regulations.
IndiaIn 1991 under its Technical Cooperation Programme FAO provided technical assistance to India on
Plant Variety Protection, which was an input to the development of draft national legislation on the
matter.
Jamaica
Under its Technical Cooperation Programme: TCP/JAM/6611: "Citrus Production and Certification
Strategy", FAO assisted the government in the formulation of draft legislation necessary for carrying
out citrus certification.
Kyrgyz RepublicIn late 1996 and 1997, under its Technical Cooperation Programme, TCP/KYR/6611: "Seed
Legislation and Quality Control", FAO assisted the government in the preparation of quality controlschemes and assessed the seed related legislative framework in the Kyrgyz Republic.  A Draft Seed
Law was formulated as well as a Plant Variety Protec tion Law.  Both drafts, with slight modifications
were passed by Parliament.IP/C/W/108/Add.6
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Lithuania
Under FAO's Technical Cooperation Programme, project TCP/LIT/4553, an FAO mission assisted the
authorities to prepare a seed master plan.  On the basis of a Draft Seed Law prepared by theGovernment, FAO has submitted a revised version wh ich is now being reviewed by the authorities.
MadagascarAn official request from the government has been received by the Technical Cooperation Programme
with the objectives of strengthening the organizational and technical capacities of the National Seed
Control Service and drafting the regulations necessary for the implementation of the Seed Law draftedwith FAO assistance in 1994.  The relevant legislation will be revised and updated as necessary in
order to improve the seed certification and quality co ntrol schemes so as to allow the seed industry to
compete on the regional and international markets.
MalaysiaAt the request of the Economic Planning Unit of Malaysia, FAO approved project TCP/MAL/4553,
under its Technical Cooperation Programme.  The aim of the project was to strengthen seed and
planting material production, and to develop a certification and marketing programme.  FAO advised
the Government on appropriate programme and policy measures for upgrading the national capabilityin variety registration, release and protection, and quality control and seed and planting material
certification, by defining the respective role of various official agencies and the private sector.  In
addition, the project prepared a study analysing the implications of TRIPS Article 27.3(b), as well as
the various options before the Government to give effect to this provision.
Mauritania
Under the FAO/UNDP project, MAU/92/007 , "Appui à la vulgarisation de semences traditionnelles
de qualité" , a Draft Seed Law was prepared, which is currently awaiting submission to Parliament.
Namibia
In 1997 a legal component was added to the Technical Cooperation Programme project
TCP/NAM/4555: "Building Assistance to Improved Seed Production" with the objective of assisting
the country in the formulation of a Draft Seed Act in order to enable it to implement the positive
results of the project as far as the production of improved seed was concerned.
Pakistan
Project TCP/PAK/4557, under FAO's Technical Coope ration Programme, assisted the government in
the preparation of a seed sector development programme.  Aware of the need to increase the
involvement of the private sector, the Government intends to formulate a new comprehensiveprogramme, including the adoption of specific legislation recognizing plant varietal protection.
SlovakiaUnder its Technical Cooperation Programme, pr oject TCP/SLO/6711: "Planning of Strategy for
Animal Breeding Development", FAO is assisting Slovakia develop the relevant legislative
instruments.IP/C/W/108/Add.6
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Suriname
The Government of Suriname is now considering the model Seed Act and draft Plant Breeders' Rights
Act, which project GCP/RLA/108/ITA: "Improve d Seed Production, CARICOM Countries and
Suriname" (described above) contributed to drafting.  Under project TCP/SUR/6711, FAO will now
provide the national authorities with the necessary draft implementing regulations.
TanzaniaTanzania was assisted by the FAO/UNDP project: URT/93/003, through the enhancement of the
capacity to coordinate the national seed programme.  The project assisted in the preparation ofsuitable draft legislation for a plant breeders' rights system.
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