1. 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. MAE Senior Research Fellow WTI

2. Overview Introduction Background to the workshop Goals and method Questions, presentations, learnings Conclusions and questions Outlook 2 07.09.2015

3. INTRODUCTION 3 07.09.2015

4. 4 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

5. 5 07.09.2015 Funded by SDC

6. BACKGROUND 6 07.09.2015

7. 7 State of the World’s AnGRFA Diversity of FAnGR Sustainable use Food security Equity and fairness

8. GPA: Strategic Priority Area 4 Policies, Institutions, Capacity Building 8 07.09.2015 Framework for exchange of animal genetic resources among countries: a.Role of intellectual property rights b.Fair and equitable exchange c.Rights of indigenous and local communities/ Pastoralists

9. Terminology of the debate: examples 9 07.09.2015 Access and benefit sharing Rights to traditional knowledge Livestock Keepers Rights Animal Breeders Rights Patents Intellectual Property Rights

10. WORKSHOP: GOAL AND METHOD 10 07.09.2015

11. Goal At the interface of AnGRFA, trade and property rights: take stock of current developments and debates; identify core questions and further research needs. 11 07.09.2015

12. 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 12 07.09.2015

13. OVERVIEW OVER PRESENTATIONS AND LEARNINGS 13 07.09.2015

14. The Sessions: overview Characteristics of Animal Breeding Animal Breeding and Biotechnology Legal Implications Changes to the Legal Framework? 14 07.09.2015

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16. 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) 16 07.09.2015

17. 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 17 07.09.2015

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19. Learnings Genetic engineering/ modern technology is used in  breeding technologies Selection (markers assisted, genomics, protoeomics  reproduction technologies AI, 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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21. 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 21 07.09.2015

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23. CONCLUSIONS AND QUESTIONS 23 07.09.2015

24. 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) 24 07.09.2015

25. 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. 25 07.09.2015

26. 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? 26 07.09.2015

27. 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? 27 07.09.2015

28. 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? 28 07.09.2015

29. 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 containing Introduction 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; ???) 29 07.09.2015

30. THANK YOU FOR YOUR QUESTIONS AND YOUR INPUT 30 07.09.2015 Susette.Biber-Klemm@wti.org http://www.nccr-trade.org/ip-9-forthcoming/rights-to- animal-genetic-resources-2.html