Hammamet, Tunisia, 1822 July 2005: 1st meeting of Contact Group for the drafting of the sMTA - PowerPoint PPT Presentation

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Hammamet, Tunisia, 1822 July 2005: 1st meeting of Contact Group for the drafting of the sMTA

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First draft sMTA for Madrid with open points ... Madrid, 12-16 June 2006: First meeting of GB of the ITPGR ... the draft sMTA for Madrid, Sweden. The BLE. for ... – PowerPoint PPT presentation

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Title: Hammamet, Tunisia, 1822 July 2005: 1st meeting of Contact Group for the drafting of the sMTA


1
Update on the sMTA negotiation process
Hammamet, Tunisia, 18-22 July 2005 1st meeting
of Contact Group for the drafting of the
sMTA First draft sMTA for Madrid with open
points Alnarp, Sweden, 24-28 April 2006 2nd
meeting of Contact Group for the drafting of the
sMTA Finalisation of the draft sMTA for
Madrid Madrid, 12-16 June 2006 First meeting of
GB of the ITPGR so far 97 Member States (most
European States 25) Adoption of the sMTA
2
First draft sMTA (CGRFA/IC/CG-SMTA-1/05/Rep)
Agreed structure of the text 1 Preamble 2 Parties
to the Agreement 3 Definitions 4 Subject matter
of the MTA 5 General Provisions 6 Rights and
obligations of the Provider 7 Rights and
obligations of the Recipient 8 Applicable
lawInterpretation 9 Dispute resolution/settleme
nt 10 Additional items 11 Signature/acceptance App
endix 1 List of provided materials Appendix 2
Payment of benefit-sharing
3
First draft sMTA (CGRFA/IC/CG-SMTA-1/05/Rep)
  • Main points
  • MTA pursuant to ITPGR, Art. 12.4
  • not a contract between States
  • Annex 1 crops of the ITPGR (app. 60 crops)
  • covers accessions as under the management and
    control of the States and in public domain
    others are invited to include their collections
    CGIAR collections are included
  • main issue is the benefit sharing resulting from
    ITPGR, Art. 13.2d(ii)

4
First draft sMTA (CGRFA/IC/CG-SMTA-1/05/Rep)
  • Benefit sharing 13.2d(ii)
  • ...a recipient who commercializes a product
  • that is a PGRFA and
  • that incorporates material accessed from the
    Multilateral System (MLS)
  • shall pay.....(to the MLS) an equitable share of
    the benefits arising from commercialization of
    that product
  • except whenever such a product is available
    without restriction to others for further
    research and breeding...
  • otherwise encouragement to pay and review in 5
    years

5
First draft sMTA (CGRFA/IC/CG-SMTA-1/05/Rep)
  • Definition
  • to commercialize
  • product / to incorporate
  • available without restriction
  • Art. 7.10
  • payment clause
  • Art. 7.14
  • alternative payment clause (African proposal) to
    be clarified
  • Appendix 2
  • formula for payment

6
First draft sMTA (CGRFA/IC/CG-SMTA-1/05/Rep)
  • Third Party Beneficiary
  • role to initiate dispute settlement procedures
  • monitoring role

7
Finalisation of the draft sMTA for Madrid, Sweden
  • Third Party Beneficiary
  • role to initiate dispute settlement procedures
  • monitoring role
  • largely acceptable without detailed monitoring
    role

8
Finalisation of the draft sMTA for Madrid, Sweden
  • Incorporation
  • by pedigree xxx of the Material accessed from
    the MLS
  • an identifiable trait of value
  • ...of the Material that has undergone development
    n/ developed by the recipient

9
Finalisation of the draft sMTA for Madrid, Sweden
  • Available without restriction for further use in
    research and breeding
  • varieties (UPOV) are to be considered freely
    available in this context
  • patented varieties are generally considered NOT
    freely available in this sense (exemptions i.e.
    German or French patent law with a breeding
    exemption)

10
Finalisation of the draft sMTA for Madrid, Sweden
  • Trigger of payment / commercialization
  • commercialized product on the open market
    seed of varieties available without restriction
  • commercialized (intermediate) products including
    breeding lines
  • pros and cons to be considered at EU and EUR
    levels before Sweden meeting

11
Implication for European genebanks
  • Use of sMTA
  • designation of PGR (Material) under the
    Multilateral System
  • obligatory use of sMTA for such Material
  • voluntary use of the sMTA for pre-CBD, pre-IT
    and non Annex-1 crops
  • at least clarification under which regime the
    different parts of the collection will be
    accessible

12

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