1. International Treaty on Plant Genetic Resources for Food and Agriculture Conservation, exchange, and use of rice genetic resources Ruaraidh Sackville Hamilton, T.T. Chang Genetic Resources Centre

2. 13 August 20122012 rice breeding course2 Outline Conserving the diversity of rice The need to share  Responsibly! Convention on Biological Diversity International Treaty on Plant Genetic Resources for Food and Agriculture Current germplasm exchange:  The Standard Material Transfer Agreement  Obtaining rice from IRRI  Sending or bringing rice to IRRI

3. 13 August 20122012 rice breeding course3

4. 13 August 20122012 rice breeding course4 The rice genebank at IRRI Aim: conserve rice diversity and make it available for use in research and breeding  Even / especially if no known commercial value Largest, most diverse rice collection  128 countries  115,000 accessions  > 20% of global holdings in genebanks  Mostly (107,000) Oryza sativa  Mostly landraces / traditional varieties  ≥ 1 accession of every species of Oryza Started in 1960 (=birth of IRRI)  1960-1970 assembling varieties collected by others World’s largest since 1966  1970-2000 collecting from farmers and wild habitats

5. 13 August 20122012 rice breeding course5 The need to conserve Diversity for almost any purpose  Climate change & stress tolerance New diseases, pests, weeds Polluted, degraded or saline soils Cold, heat, drought, flood Early-morning flowering  Food quality Taste / perceived quality Nutritional value / health benefits For specific market preferences  Introducing new agricultural technologies E.g. hydroponic rice Often in inferior genetic backgrounds  Many old varieties now extinct on farms

6. 13 August 20122012 rice breeding course6 The need to share IR8: the 1 st green revolution rice cultivar  Bred in IRRI 1965  Released in 22 countries Mother = Peta  From Indonesia x Father = Dee Geo Woo Gen  From Taiwan  In >50% of modern varieties By combining varieties from different countries, we can breed varieties that are better than anything any one country can produce alone

7. 13 August 20122012 rice breeding course7 Release countryVariety name N parental varieties N source countries CUBECIA 1285424 KORSUWEON 3005016 KORSUWEON 3125016 PHLIR 424818 VENCT 8240-1-3-9P-M4716 VENFONAIAP 20004716 COLFEDEARROZ 2754615 VENFUNDARROZ PN 14617 Complex origins of modern cultivars

8. 13 August 20122012 rice breeding course8 Sharing: science & philanthropy vs politics & ownership Our mission: Reduce poverty & hunger, improve health, and ensure environmental sustainability through research, partnerships, and training  share But consider the scenario: You use your training to join a multi-national corporation: you take rice that came from Thailand, and use it to discover a unique gene which you patent & try to sell back to Thailand …  beware!

9. 13 August 20122012 rice breeding course9 Some questions to ask yourself about the rice you use for breeding & research Can you prove your right to use it?  Documentation on how you obtained it  Documentation on your rights Did you buy it from a shop?  Rights to eat and trade, not research Did you buy it from a seed merchant?  Rights to grow and market grain, not breed Did you breed it yourself?  Were you allowed to use its parents for breeding?  Do pass-through conditions apply to it? Were you given it without written agreement?  Beware!

10. 13 August 20122012 rice breeding course10 If someone offers you a sample of rice, should you take it? Are they authorized to give it to you? Can they show you how they obtained it and under what conditions? Under what conditions can they give it to you? What will they allow / require you to do with it?

11. 13 August 20122012 rice breeding course11 Convention on Biological Diversity (1993: CBD) Each country  Has sovereignty over biodiversity present in and originating in its territory  Has a right to share benefits arising from use of biodiversity under its sovereignty  Is responsible for conserving biodiversity in its own territory Member countries commit to share genetic resources  With “Prior Informed Consent” of country of origin  Subject to “Mutually Agreed Terms” To include benefit-sharing with country of origin

12. 13 August 20122012 rice breeding course12 Convention on Biological Diversity Governs all biodiversity in country of origin  landscape, ecosystem, species, subspecies, variety, gene  wild, domesticated  agricultural, medicinal, silvicultural, aquacultural  in situ, ex situ Not retroactive  Does not govern biodiversity taken out of its country of origin before 1993 193 nations are Party to the agreement  All except 4: USA, Vatican, Andorra, South Sudan  Most widely adopted UN agreement ever

13. 13 August 20122012 rice breeding course13 Access to biodiversity under the CBD If you want to obtain rice from another country, you must  Obtain the Prior Informed Consent (PIC) of government of the country of origin  Get the governments of the provider and recipient to negotiate and agree Mutually Agreed Terms (MAT) Direct agreement between individuals / organizations not permitted! Problem for crops!

14. 13 August 20122012 rice breeding course14 International Treaty on Plant Genetic Resources for Food and Agriculture Overall Objectives same as CBD  Conservation of biodiversity  Sustainable use of its components  Equitable sharing of benefits Adds specific rules applicable to  A subset of biodiversity Crops and wild relatives important for food security including Oryza  A subset of uses Food and agriculture For food and agriculture based on the specified crops & wild relatives in member countries, the Treaty replaces CBD

15. 13 August 20122012 rice breeding course15 Innovative features of the Treaty Farmers’ rights  1 st international agreement to specify farmers’ rights Multilateral System of Access and Benefit- sharing  All member countries agree the same set of rules  Every transfer of germplasm governed by a Standard Material Transfer Agreement (SMTA) Responsibilities delegated to individuals  The Treaty is a legal agreement between governments (Parties to the Treaty)  Each germplasm exchange with SMTA is a legal agreement between individuals / organizations (parties to the SMTA)

16. 13 August 20122012 rice breeding course16 Standard Material Transfer Agreement A legal contract that must be used when one person (provider) sends a sample to another (recipient) The SMTA specifies the rights and obligations of provider and recipient Complicated language but simple intent:  Recipient free to make fair and reasonable use of the material for conservation and sustainable development in food and agriculture Including making commercial profits!  Benefits realised by the user to be shared fairly and equitably  Same conditions apply to subsequent recipients

17. Obtaining germplasm from IRRI The procedure Your rights and obligations as recipients

18. 13 August 20122012 rice breeding course18 Procedure for obtaining germplasm You  Submit request (usually by email to IRRI scientist)  State acceptance of SMTA  Send shipping instructions  Send import permit if required IRRI scientist  Checks status and availability  Prepares germplasm  Transmits germplasm and request to Seed Health Unit Seed Health Unit  Tests, treats & certifies seed as necessary  Checks documents: SMTA, permits, certificates  Packs and sends shipment

19. 13 August 20122012 rice breeding course19 Your rights on germplasm received with SMTA Subject to certain conditions, you can do anything that governments consider reasonable and fair and within scope of the Treaty:  Conserve the germplasm  Use it for breeding, research and training for food & agriculture  Distribute it to others  Develop and distribute breeding and research materials derived from it  Develop and commercialise products derived from it  Claim the rights to your own intellectual property on products you derive from the material

20. 13 August 20122012 rice breeding course20 What you can’t do Use it for any purpose other than research, breeding and training for food and agriculture  Use of the material for chemical, pharmaceutical and/or other non-food/feed industrial uses is explicitly prohibited Claim intellectual property or other rights that “limit the facilitated access to the material you receive, or its genetic parts or components, in the form you receive it”

21. 13 August 20122012 rice breeding course21 What you must do (1) You must make available all non-confidential information resulting from your research on the material If you conserve it,  you must make it and related information available to others If you distribute it to others,  do so under a new SMTA

22. 13 August 20122012 rice breeding course22 What you must do (2) If you use germplasm received with an SMTA to develop/breed genetic stocks or improved breeding lines, and you distribute them to others as "PGRFA under Development",  do so under a new SMTA, in which you: specify that the material is PGRFA under Development identify the ancestors that you received with SMTA and used to create your PGRFA under Development  add your own extra conditions if you wish

23. 13 August 20122012 rice breeding course23 What you must do (3) If you develop and commercialize a product using germplasm received with SMTA, you may have to  Pay a percentage of your sales to the Governing Body  Submit annual reports to the GB on your liability to payment

24. Sending or bringing rice to IRRI Sending rice to IRRI for use by others vs Bringing rice to IRRI for your own use: Identical requirements!

25. 13 August 20122012 rice breeding course25 You  Check you have the authority to provide it Seek advice from IRRI if you wish  Prepare / obtain necessary documents Seek advice / assistance from IRRI if you wish Philippine import permit from SHU Export permit and phytosanitary certificate MTA or other contract – probably SMTA Comply with conditions of MTA  Ship or bring to IRRI via SHU Seed Health Unit  Checks documents  Tests seed as necessary  Releases to IRRI scientist or you The procedure

26. 13 August 20122012 rice breeding course26 Are you authorized? You previously obtained the rice with SMTA or you bred it from rice received with SMTA  Yes, you are authorized, and you must use SMTA The rice is a protected variety  Depends on the form of protection and how you got it Otherwise, it depends on who you are:  Working for a government-controlled organization in a country that is a member of the Treaty  You are in a country that is a member of the Treaty but not in a government-controlled organization (typically farmer, NGO, private sector)  You are in a country that is not Party to the Treaty

27. 13 August 20122012 rice breeding course27 Parties to the Treaty and CBD (July 2012) = Treaty: www.fao.org/Legal/TREATIES/033s-e.htm www.fao.org/Legal/TREATIES/033s-e.htm = CBD not Treaty: www.cbd.int/convention/parties/listwww.cbd.int/convention/parties/list

28. 13 August 20122012 rice breeding course28 Two classes of material Regular plant genetic resources for food and agriculture (PGRFA)  Use SMTA exactly as is PRGFA under development (= breeding lines developed from regular PGRFA)  Use SMTA  If desired, add ancillary conditions, e.g. Restrictions on use Confidentiality over data

29. 13 August 20122012 rice breeding course29 Government-controlled organization in a country that is a Party to the Treaty Germplasm received with SMTA  SMTA requires you to grant access, using SMTA Breeding lines developed by you  You may grant access at your own discretion  You must use SMTA if any ancestors received with SMTA Protected germplasm managed by you  Authority and conditions depends on the protection Public domain germplasm under your management  Your government authorizes and requires you to grant access, using the SMTA

30. 13 August 20122012 rice breeding course30 (2) In a Party country, not government controlled Germplasm received with SMTA  SMTA requires you to grant access, using SMTA Breeding lines developed by you  You may grant access at your own discretion  You must use SMTA if ancestors under SMTA Protected germplasm managed by you  Authority and conditions depends on the protection Other germplasm managed by you  Governing body invites you to grant access through the SMTA  Your government encourages you to grant access through the SMTA  If you do not grant access, the Governing Body may take measures against you include denying you access to other germplasm

31. 13 August 20122012 rice breeding course31 (3) Your country is not Party to the Treaty Germplasm received with SMTA  SMTA requires you to grant access, using SMTA Breeding lines developed by you  You may grant access at your own discretion (? CBD ?)  You must use SMTA if ancestors under SMTA Protected germplasm managed by you  Authority to provide access depends on the protection Other germplasm managed by you  Governing Body invites you to grant access through the SMTA  Germplasm received from other countries before 1993: You may grant access, using SMTA if you wish Traditional cultivars and other public domain germplasm from your country  Subject to authorization by your CBD authority

32. 13 August 20122012 rice breeding course32 Conclusion Safe conservation and responsible sharing of rice diversity is essential for sustainable development Strict rules must be followed to move germplasm between countries Germplasm exchange can be simple provided we do it properly

33. Thank you