Rights to Animal Genetic Resources Report of an International Workshop

World Trade Institute, University of Berne,

Switzerland; 27-28 November 2008

Susette Biber-Klemm, Dr. iur. MAESenior Research Fellow WTI

Overview

Introduction Background to the workshop Goals and method Questions, presentations, learnings Conclusions and questions Outlook

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INTRODUCTION

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Who we are

Center of advanced studies and a forum for interdisciplinary research and teaching in international trade law and economics,

To develop innovative, concrete policy recommen-dations that reflect a better balance between economic and other regulatory objectives.

IP 9 Biotechnology Thomas Cottier, Susette Biber-Klemm: Lead

Michelangelo Temmerman, Sufian Jusoh, Michael Burkard, Cintia Busset

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Funded by SDC

BACKGROUND

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State of the World’s AnGRFA

Diversity of FAnGR Sustainable use Food security Equity and fairness

GPA: Strategic Priority Area 4Policies, Institutions, Capacity Building

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Framework for exchange of animal genetic resources among countries:

a.Role of intellectual property rights b.Fair and equitable exchangec.Rights of indigenous and local communities/ Pastoralists

Terminology of the debate: examples

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• Access and benefit sharing• Rights to traditional knowledge • Livestock Keepers Rights• Animal Breeders Rights• Patents• Intellectual Property Rights

WORKSHOP: GOAL AND METHOD

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Goal

At the interface of AnGRFA, trade and property rights:

take stock of current developments and debates;

identify core questions and further research needs.

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Workshop: Method

Inter- and transdisciplinary approach

Presentations by experts from different fields disciplines

microbiology, animal husbandry, agriculture, economics, law

affiliation academia, technical colleges, government agencies, IGOs, NGOs

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OVERVIEW OVER PRESENTATIONS AND LEARNINGS

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The Sessions: overview

Characteristics of Animal Breeding Animal Breeding and Biotechnology Legal Implications Changes to the Legal Framework?

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Learnings The terminology needs to be clarified

What is a breeder? What is „traditional“, what is „modern“ breeding? Types of „breeding“ (Industrial; farmer‘s BO; indigenous?) Analogies, similarities, differences

Indigenous breeding systems and traditional european systems (BO) are comparable in various elements

Selection (but different technologies, criteria) Integration of breeding results in transfer of property Record keeping (mental vs. written)

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Learnings (continued)

There are essential differences between animal and plant breeding, access, transfer Genetic variation Transfer of results of breeding

The flow of AnGR is at present N-N and N-S. S-N flow might be increasing Search for „lost genes“: adaptation, quality, disease

resistance Facilitated by new technologies

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Learnings Genetic engineering/ modern technology is used

in breeding technologies

Selection (markers assisted, genomics, protoeomics

reproduction technologiesAI, semen sexing, cloning

Successful gene transfer and cloning are for a rather distant future.

Effects of technologies Improve efficiency of selection programmes (quality, time)

Facilitate transfer of genetic information

Risk to widen the N-S technology gap

Risk to lead to a narrowing of the genetic base 19

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Learnings A great variety of Intellectual Property Rights are

used in AnGRFA Trade marks, geographical indications, trade secrets,

copyrights; patents

There is no sui-generis Animal Breeders‘ Right Patents are granted for processes and products

In AnGRFA so far no patenting of animals Patenting of technologies (selection, breeding) Concentration in breeding industry is to a vast degree

due to trade secrets

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CONCLUSIONS AND QUESTIONS

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Some preliminary conclusions There are essential differences in animal and plant

breeding. Some analogies (in procedures) might be possible, but different approaches in substance are needed.

Genetic variation in animals is owned by the holder of the animal; the genetic value is included in the market price.

Exchange of genetic information (mainstream breeds) works on private basis and is running smoothly.

Specific solutions might be needed for local rare/ indigenous breeds (with qualities valuable at larger scale)

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Conclusions (continued) Breeding industry is an economic enterprise in a

free and competitive market. The same is true for trade in reproductive

materials. Legal obligations pro diversity of products would

be difficult to achieve. Other ways, means to balance negative impacts

must be found.

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Some Questions

Balancing concentration processes by diversity through participatory breeding What would be the (legal) means to strengthen

participatory breeding/ local breeding organisations?

Balancing genetic uniformity through sui-generis Intellectual Property Rights Is a disclosure obligation in a sui generis intellectual

property right (animal breeders right) a (long-term) alternative to trade secrets?

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Questions (continued)

Specific solutions for rare/indigenous breeds and associated TK Can registration of rare/indigenous breeds form a

basis for ABS (in analogy to TK)?

Is specific protection for TK needed. Can participation, registration, protection of TK be

bundled into a sui-generis (intellectual) (property) right?

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Questions (continued)

What can be left to the private actors; what needs to be regulated, managed by the state?

What incentives can be created to maintain and sustainably use AngRFA diversity?

What can be regulated on the national level, where is an international regulation needed?

Which would be the adequate negotiation/ regulatory body?

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Outlook Workshop Website: Presentations and links to publications

http://www.nccr-trade.org/ip-9-forthcoming/rights-to-animal-genetic-resources-2.html

Preparation of a working paper containingIntroduction

Summary of each presentation

Conclusion

Publication of results Initiate further research in an inter-/ trans- disciplinary team

Create and interdisciplinary team

Working in an stakeholder network

Mandated by an international body (WGAngr; WIPO; ???)

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THANK YOU FOR YOUR QUESTIONS AND YOUR INPUT

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Susette.Biber-Klemm@wti.org

http://www.nccr-trade.org/ip-9-forthcoming/rights-to-animal-genetic-resources-2.html