ITPGR: Its impact on the Developing Countries

Introduction

Part One : What is ITPGR and what are the objectives which the ITPGR seeks to achieve.

Part Two: What are the provisions of the ITPGR which have an impact on the IPR regime of the world? Why is there a debate on the issue? Should patent be allowed also on the parts of the plant structure or on the complete plant?

Part Three: Implications of different interpretations on different set of nations including the developing nations. How the IPR regime can help safeguard the rights of the developing nations by protecting their bio-diversity? Is it a safeguard which can serve its purpose?

Conclusion

The advantages which the developing countries may enjoy after the ITPGR is implemented with its full force

1. The treaty provides for providing an international pool of all the plant resources for food purposes which would be available to any member along with certain conditions. This will ensure that the developing countries as like other countries are not self sufficient in resources. This shall provide a platform for the interaction of various nations at a common forum providing healthy exchange of technology and various plant genetic material. 2. The second major advantage shall be of the benefit which they might receive after entering into the transfer agreement. According to the articles of the treaty, the recipient does not have the right to have individual patent over the plant genetic material or a part thereof. The idea was first protested by the US but later was accepted which forms the broad framework of the treaty. 3. In case of developed countries, the advantage that they face is that they have specialized universities and better technological advancements in the field of the plant gene technology and development. The result of the development could be properly distributed if the treaty is in force. As the raw material which is used is from the developing countries, they deserve a share in the end product as well. This treaty ensures that such a development is made by providing a fixed percentage to the party.

4. The major advantage seeker from the treaty will be the developing nations as besides G7, there are various diverse plant species in the developing countries which are yet to be utilized.

But these positive implications could only be felt if some of the issues could be ironed out 1. Whether the treaty would ban the patenting of isolated and purified genes extracted from germplasm placed in the common seed pool? 2. Whether the act of extraction of a gene from a seed in itself a sufficient alteration of seeds genetic material such that the extracted product is no longer in the form received from the multilateral system. The implication of the ITPGR on the developing nations would depend on the view which is taken by the international community on the above mentioned issues. The conflict which may arise with TRIPS 13.2.(d)(ii) which provides for patents being made available without discrimination. This is a major problem with the treaty. There is a change in this treaty as part of the new invention, if used for commercial purpose has to be given to the breeder for development. This is a radical shift from the normal practice. This needs a change in the domestic laws of the countries where parts of genes or gene sequence are protected from IPR. The respective governments are needed to change the laws to incorporate the provisions of the treaty in the domestic laws. As it is seen that the development of such seeds takes place in the developed nations or the industrialized nations of the world, hence to make them amend the laws stays an important disability of ITPGR.