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International Treaty on Plant Genetic Resources for Food and Agriculture | Intellectual Property Rights (IPR) Notes

Introduction

The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), commonly known as the Plant Treaty or Seed Treaty, represents a landmark international agreement that recognizes the vital importance of plant genetic resources for global food security and sustainable agriculture. Adopted by the Food and Agriculture Organization (FAO) Conference in November 2001 and entering into force on June 29, 2004, the Treaty establishes a comprehensive framework for the conservation, exchange, and sustainable use of plant genetic resources that feed the world.

In an era of climate change, population growth, and environmental degradation, the Treaty addresses one of humanity's most pressing challenges: ensuring that the genetic diversity necessary for crop improvement and adaptation remains accessible to farmers, plant breeders, and researchers worldwide. The Treaty is built on the recognition that plant genetic resources are a common heritage of humanity and that their conservation and sustainable use are essential for food security and agricultural development.

Historical Context and Development

The origins of the ITPGRFA can be traced to the International Undertaking on Plant Genetic Resources, adopted by the FAO Conference in 1983. This non-binding agreement was the first comprehensive international instrument dealing with plant genetic resources for food and agriculture. However, the rapid developments in biotechnology, the adoption of the Convention on Biological Diversity (CBD) in 1992, and the establishment of intellectual property rights over plant varieties created new challenges that the International Undertaking could not adequately address.

The negotiation process for a binding treaty began in 1994 and continued for seven years, involving complex discussions among governments, indigenous communities, farmer organizations, and private sector representatives. The negotiations sought to balance the sovereign rights of countries over their genetic resources with the need for international cooperation and exchange. The resulting Treaty harmonizes these interests through innovative mechanisms that promote both conservation and access.

Objectives and Scope

The ITPGRFA pursues three primary objectives: the conservation and sustainable use of plant genetic resources for food and agriculture, the fair and equitable sharing of benefits derived from their use, and the realization of farmers' rights. These objectives are interconnected and mutually reinforcing, creating a holistic approach to managing the world's agrobiodiversity.

Conservation and Sustainable Use: The Treaty recognizes that in situ conservation (maintaining crops in their natural habitats) and ex situ conservation (storing seeds in gene banks) are both essential. It encourages Contracting Parties to survey and inventory plant genetic resources, promote on-farm management and improvement of crops, and support scientific research that enhances conservation efforts.

The Treaty's scope covers all plant genetic resources for food and agriculture, but its Multilateral System focuses on 64 of the most important food crops and forages that account for 80% of human food consumption. These include staples such as rice, wheat, maize, potatoes, cassava, and numerous vegetables and legumes.

The Multilateral System of Access and Benefit-Sharing

At the heart of the ITPGRFA lies the Multilateral System (MLS), an innovative mechanism that facilitates access to plant genetic resources while ensuring benefit-sharing. Unlike the bilateral approach of the CBD, which requires individual negotiations between providers and users of genetic resources, the MLS operates as a pooled system where participating countries make their plant genetic resources available according to standardized terms and conditions.

How the Multilateral System Works

Under the MLS, facilitated access is provided for research, breeding, and training purposes for food and agriculture. Recipients of genetic material commit to making available any improvements they develop, and if they commercialize a product that restricts further research and breeding, they must pay a percentage of their commercial benefits into the Treaty's Benefit-Sharing Fund. This creates a sustainable cycle of innovation and sharing.

Access is provided through a Standard Material Transfer Agreement (SMTA), a standardized contract that specifies the rights and obligations of both providers and recipients. The SMTA simplifies transactions, reduces transaction costs, and ensures legal certainty for all parties involved. As of 2025, millions of samples have been transferred under the SMTA, demonstrating the system's effectiveness in promoting the exchange of genetic resources.

Benefit-Sharing Mechanisms

The Treaty recognizes that benefits can be both monetary and non-monetary. Non-monetary benefits include the exchange of information, access to technology, capacity building, and the sharing of research results. The Benefit-Sharing Fund, financed through various sources including payments from commercial users, voluntary contributions, and other sources, supports projects that assist farmers in developing countries to conserve and sustainably use plant genetic resources.

Farmers' Rights

One of the Treaty's most progressive elements is its recognition of farmers' rights, acknowledging the enormous contribution that farmers, particularly in centers of crop diversity, have made to the conservation and development of plant genetic resources throughout history. Article 9 of the Treaty addresses farmers' rights in three key areas.

First, it protects traditional knowledge relevant to plant genetic resources for food and agriculture. Indigenous and local communities possess invaluable knowledge about crop varieties, cultivation practices, and sustainable use that has been developed over generations. The Treaty calls for this knowledge to be respected and protected, with farmers participating in decision-making processes at the national level.

Second, the Treaty recognizes farmers' rights to participate equitably in benefit-sharing arising from the use of plant genetic resources. This ensures that farming communities that conserve and develop crop diversity are not merely providers of genetic material but partners who share in the value created through its use.

Third, and critically important, the Treaty affirms farmers' rights to save, use, exchange, and sell farm-saved seed. This traditional practice, fundamental to agricultural systems worldwide, is essential for food security and agricultural innovation at the local level. However, the Treaty leaves the implementation of farmers' rights to national governments, recognizing the diversity of legal and agricultural systems across countries.

Implementation and Governance

The Treaty is governed by the Governing Body, composed of representatives from all Contracting Parties, which meets regularly to oversee implementation, make necessary decisions, and adopt policies and programs. The Governing Body is supported by several subsidiary bodies, including a Compliance Committee that monitors adherence to Treaty obligations and a Bureau that provides guidance between sessions.

As of 2025, the Treaty has been ratified by over 150 countries, representing all regions of the world. This near-universal participation demonstrates the global recognition of the importance of plant genetic resources and the need for international cooperation in their management.

Challenges and Criticisms

Despite its achievements, the ITPGRFA faces several challenges. Funding for the Benefit-Sharing Fund has been insufficient to meet the growing demand for projects that support farmers in conserving crop diversity. The voluntary nature of many contributions creates uncertainty in planning and implementation.

The relationship between the Treaty and other international instruments, particularly the Nagoya Protocol to the CBD, has created legal complexity. While both agreements address access and benefit-sharing, they operate under different principles and mechanisms, sometimes creating confusion for users of genetic resources.

Implementation of farmers' rights remains uneven across countries. While some nations have enacted comprehensive legislation protecting farmers' rights to seeds and traditional knowledge, others have been slower to act or have implemented measures that civil society organizations consider inadequate.

The scope of the Multilateral System, limited to 64 crops, has been criticized as too narrow, particularly as climate change increases the importance of underutilized and climate-resilient crops that fall outside the system. Negotiations to expand the MLS have proven challenging, reflecting tensions between providing broad access and ensuring adequate benefit-sharing.

Impact and Achievements

Despite these challenges, the Treaty has achieved significant successes. The international gene banks that participate in the Multilateral System hold millions of seed samples that are now freely available for research and breeding. This access has directly contributed to the development of improved crop varieties with enhanced yields, disease resistance, and climate adaptation.

The Benefit-Sharing Fund has supported hundreds of projects in developing countries, helping small-scale farmers conserve traditional crop varieties and adapt to climate change. These projects have strengthened seed systems, documented traditional knowledge, and enhanced the capacity of farming communities to manage agrobiodiversity.

The Treaty has raised global awareness about the importance of crop diversity and the threats it faces. By providing a forum for dialogue among governments, farmers, researchers, and civil society, it has fostered a shared understanding of the challenges and opportunities in managing plant genetic resources.

Future Directions

Looking ahead, the ITPGRFA must continue to evolve to address emerging challenges. Climate change is altering growing conditions worldwide, making the conservation and use of diverse genetic resources more critical than ever. The Treaty must facilitate rapid access to the genetic traits needed for climate adaptation while ensuring that benefits flow back to the communities that conserve these resources.

Advances in digital sequence information (DSI) present both opportunities and challenges. As genomic data becomes increasingly important for crop improvement, questions arise about whether DSI should be treated like physical genetic material under the Treaty's access and benefit-sharing provisions. The international community continues to grapple with these questions, seeking solutions that promote research while ensuring equitable benefit-sharing.

Strengthening the implementation of farmers' rights remains a priority. As agricultural systems face pressures from climate change, market concentration, and restrictive seed laws, ensuring that farmers can continue their role as custodians and innovators of crop diversity is essential for food security and sustainable agriculture.

Conclusion

The International Treaty on Plant Genetic Resources for Food and Agriculture represents a crucial achievement in international cooperation for sustainable development. By recognizing plant genetic resources as a common concern of humanity and establishing mechanisms for their conservation, exchange, and fair use, the Treaty provides a framework for addressing one of the fundamental challenges of the 21st century: feeding a growing population in a changing climate while conserving the biodiversity upon which agriculture depends.

The Treaty's success depends on the continued commitment of governments, the adequate financing of its benefit-sharing mechanisms, and the meaningful participation of farmers and indigenous communities who are the guardians of crop diversity. As we face unprecedented challenges to global food security, the principles and mechanisms of the ITPGRFA offer valuable tools for building resilient, sustainable, and equitable food systems. The Treaty reminds us that the seeds we plant today carry not only the potential for next season's harvest but also the genetic heritage necessary for agriculture to adapt and thrive for generations to come.

About the author

M.S. Chaudhary
I'm an ordinary student of agriculture.

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