WORLD TRADE  
ORGANIZATION  IP/C/W/549/Add.2/Suppl.1 
20 October 2010 
 (10-5435) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
TECHNICAL COOPERATION ACTIVITIES:  INFORMATION FROM 
OTHER INTERGOVERNMEN TAL ORGANIZATIONS 
 
FOOD AND AGRICULTURE ORGANIZATION  
OF THE UNITED NATIONS (FAO) 
 
Supplement  
  
 The present document reproduces additional information received from the Food and 
Agriculture Organization (FAO) on the Internationa l Treaty on Plant Genetic Resources for Food and 
Agriculture (ITPGRFA) by means of a communication dated 12 October 2010. 
  
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I. THE MANDATES AT TRIPS COUNCIL RELATED TO PGRFA:  
1. Paragraph 19 of the Doha Declaration instructs the Council for TRIPS: 
"in pursuing its work programme including under the review of Article 27.3(b), the 
review of the implementation of the TR IPS Agreement under Article 71.1 and the 
work foreseen pursuant to paragraph 12 of this  declaration, to examine, inter alia, the 
relationship between the TRIPS Agreem ent and the Convention on Biological 
Diversity, the protection of traditional knowle dge and folklore, and other relevant new 
developments raised by members pursuant to Article 71.1.  In undertaking this work, 
the TRIPS Council shall be guided by the obj ectives and principles set out in Articles 7 
and 8 of the TRIPS Agreement and shall take fully into account the development 
dimension."  
2. Implementing this mandate, the TRIPS Council h as been discussing, inter alia, the following 
agenda items: 
(a) the review of Article 27.3(b); 
(b) the relationship between the TRIPS Agre ement and the Convention on Biological 
   Diversity;  
(c) the protection of traditional knowledge and folklore;  and 
(d) other relevant new developments.  
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  3. At the TRIPS Council meeting on 21 March 2000, the Chairman concluded that the Council 
should proceed in a more orderly, system atic and productive manner by focusing on: 
-  the link between Article 27.3(b) and development; 
-  technical issues relating to patent protection under Article 27.3(b); - technical issues relating to sui generis protection of plant varieties; 
-  ethical issues relating to the patentability of life forms; 
-  the relationship with the conservation and sustainable use of genetic material; 
- the relationship with the concepts of traditional knowledge and Farmer's Rights. 
II. THE CORNERSTONES OF THE ITPGRFA  
4. The FAO Conference, at its Thirty-first Session (November 2001), through 
Resolution 3/2001, approved the International Treaty on Plant Genetic Resources for Food and 
Agriculture.  The International Treaty entered into  force on 29 June 2004, after having been ratified 
by 40 countries.  As of today, 126  instruments of ratification, acceptance, approval or accession have 
been deposited with the Director-General of FAO.  
5. The objectives of the International Treaty are the conservation and sustainable use of the 
plants that produce our food and the fair and equita ble sharing of benefits generated by the use of 
those plants.  The Treaty consists of two ve ry complex interlinked core components:   
A. T
HE MULTILATERAL SYSTEM OF ACCESS AND BENEFIT SHARING OF THE ITPGRFA   
6. The Multilateral System aims both to facilitate access to plant genetic resources for food and 
agriculture, and to share, in a fair and equitable wa y, the benefits arising from the utilization of these 
resources.  
7. It treats these crucial plant genetic resour ces as a pooled good, under special management 
known as the Standard Material Transfer Agreement.   The Multilateral System covers a list of crops 
established according to criteria of food security an d interdependence.  These crops provide about 80 
per cent of the food we derive from plants.  
8. The Multilateral System makes specific and innovative provisions for monetary benefit 
sharing.  A recipient who commercializes a produc t that incorporates material accessed from the 
Multilateral System, shall pay an equitable share of the benefits arising from the commercialization of 
that product, except whenever such a product is ava ilable without restriction to others for further 
research and breeding, in which case the recipient w ho commercializes it is encouraged to make such 
payment.  The Multilateral System also identifies a nd makes provision for a wide range of other forms 
of benefit sharing, including the exchange of in formation, access to and transfer of technology, 
capacity-building, and the sharing of the monetary a nd other benefits of commercialization.  Benefits 
resulting from the use of plant genetic resources do not  go back to the provider, but are shared in 
multilateral ways. 
B. THE FUNDING STRATEGY OF THE ITPGRFA    
9. The funding strategy provides direct support towards developing countries whose 
contribution to the diversity of plant genetic res ources for food and agriculture in the Multilateral 
System is significant or which have special need s.  It established the Benefit sharing Fund under 
Article 19.3(f) of the International Treaty. The Fu nd is the mechanism of the Multilateral System 
which implements commercial benefit sharing for th e genetic resources in the genepool.  It developed  IP/C/W/549/Add.2/Suppl.1 
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  a 'Strategic Plan for the Benefit sharing Fund',  welcomed by the Governing Body and adopted a 
funding target of US$116 million over five years at  the Governing Body in 2009.  The ITPGRFA has 
by June 2010 raised US$14.3 million against a ta rget of US$10 million by the end of 2010.   
10. Payments go into a Benefit sharing Fund, which is also open for contributions by institutional 
donors.  The Fund is under the direct control of the International Treaty's Governing Body.  Money in 
the Fund go to pay for projects having direct impa ct on conservation and sustainable use of plant 
genetic resources on the field as well as for capacity building.  
11. Moreover, Farmers' Rights, for the first time, ha ve been recognised in an international binding 
treaty.  Farmers' Rights in the International Treaty are a recognition of the enormous contribution that 
the local and indigenous communities and farmers of all regions of the world have made and will 
continue to make for the conser vation and development of plant genetic resources which constitute 
the basis of food and agriculture production.  Through the International Treaty, governments can recognize Farmers' Rights by protecting relevant traditional knowledge;  by making provision for 
farmers to participate equitably in sharing benef its;  and by ensuring that farmers participate in 
national decision-making about plant genetic resources. 
III. THE INTERFACE BETWEEN TRIPS AND ITPGRFA 
A. I
NTERPLAY BETWEEN TRIPS,  CBD  AND THE INTERNATIONAL TREATY ON PLANT GENETIC 
RESOURCES FOR FOOD AND AGRICULTURE . 
12. Synergies between the implementation of the In ternational Treaty on Plant Genetic Resources 
for Food and Agriculture and the TRIPS Agreement and the CBD need to be worked out at an 
international level to ensure policy coherence in all forums which deal with issues relevant to 
PGRFA.  In this respect, the MLS on access and be nefit sharing is an important evolution.  
13. ITPGRFA provisions regarding IPRs on plant genetic resources covered by a multilateral 
system call for mutually supportive interpretati on of the ITPGRFA with the TRIPS Agreement and 
the CBD.  As the objectives of the ITPGRFA will be attained through its close links with the CBD, 
the conditions for the relationship between the TRI PS Agreement and the ITPGRFA are similar to the 
one between the TRIPS Agreement and the CBD.  In  its Articles 12.3(f) and 13.2.b (iii) the ITPGRFA 
acknowledges that access to genetic resources shall be  consistent with the adequate and effective 
protection of intellectual property ri ghts and relevant international ag reements.  Comparable ways and 
means to ensure a mutually supportive implementa tion needs to be sought for the ITPGRFA in its 
relation to the TRIPS Agreement and the CBD.  
B. THE REVIEW OF ARTICLE 27.3( B) 
14. The review process of Article 27.3(b), which started in 1999, deals stricto sensu with the 
patentability of inventions, including biological mate rial (biotechnological inventions), the protection 
of plant varieties and possible exclusions to patent ability.  This subject has an important link with 
development issues in agriculture, so the developm ent dimension must be fully taken into account. 
C. THE RELATIONSHIP BETWEEN TRADITIONAL KNOWLEDGE (TK)  AND FARMERS ' RIGHTS  
15. The interaction between ITPGRFA and the TRI PS Agreement can be described as one of the 
strategic opportunities both with regards to benefit sharing and Farmers' Rights.  When it comes to 
Farmers' Rights and the recognition of traditi onal knowledge, the overlap between ITPGRFA and 
TRIPS is neutral, since TRIPS has no provision to de al with Farmers' Rights or with the recognition 
of traditional knowledge.  IP/C/W/549/Add.2/Suppl.1 
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  D. FAO
 IMPLEMENTS A JOINT CAPACITY BUILDING PROGRAMME FOR DEVELOPING COUNTRIES 
ON IMPLEMENTATION OF ITPGRFA.   
16. The Programme creates a platform for t echnical and financial cooperation where 
implementation of the International Treaty is s upported through a programmatic approach and based 
on the priorities established by Contracti ng Parties to the International Treaty. 
17. In the context of the Programme, FAO delivers technical assistance at regional and national 
levels, including on IPR-related aspects of impl ementation of the Multilateral System of Access and 
Benefit sharing, which is one of the core  components of the International Treaty.  
18. The Programme also provides operational support to the Benefit sharing Fund of the 
International Treaty, which recently launched its second Call for Proposals. 
19. The Secretariat of the International Treaty ma nages the Programme, in order to create and 
maintain a close link between technical assistance to  Contracting Parties and the intergovernmental 
process of implementation.  
 
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