Biodiversity 9.2.10

8/8/2019 Biodiversity 9.2.10

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The CBD was negotiated under the auspices of the United Nations

Environment Programme. It was opened for signature at the June 1992

UN Conference on Environment and Development (UNCED) and

entered into force on 29 December 1993, ninety days after the 30th

ratification. As of October 1998, more than 170 countries had becomeParties.

Negotiations on the first protocol to the Convention, conducted by the

Ad Hoc Working Group on Biosafety (BSWG), concluded in January

2000.

Convention on Biological Diversity (CBD)


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Objectives Conservation of biological diversity

Sustainable use of its components

Fair and equitable sharing of the benefits arising out of the utilizationof genetic resources

Appropriate access to genetic resources

Appropriate transfer of relevant technologies, taking into account all

rights over those resources and to technologies by appropriate

funding

Convention on Biological Diversity (CBD)


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(a) Integrate consideration of the conservation and sustainable use of

biological resources into national decision-making

(b) Adopt measures relating to the use of biological resources to avoid orminimize adverse impacts on biological diversity

(c) Protect and encourage customary use of biological resources inaccordance with traditional cultural practices that are compatible withconservation or sustainable use requirements

(d) Support local populations to develop and implement remedial action in

degraded areas where biological diversity has been reduced

(e) Encourage cooperation between its governmental authorities and itsprivate sector in developing methods for sustainable use of biologicalresources.

Article 10 : Sustainable Use of components of Biological Diversity


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India has prepared a National Policy and Macro-level Action Strategy on

Biodiversity

This document is a macro level statement of policies, gaps and further

actions needed for conservation and sustainable use of biological diversity

In a major advancement for the cause of biodiversity conservation in thecountry and in compliance with requirements of the Convention on

Biological Diversity, the countrys National Biodiversity Strategy and Action

Plan (NBSAP) with funding support from the Global Environmental Facility

(GEF), is now available.

The strategy and action plan are very broad in scope and comprehensive in

coverage with detailed action plans at sub-state, state, regional and

national levels based on the framework Policy and Action Strategy on

Biodiversity.

National Biodiversity Strategy and Action Plan (NBSAP)


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A patent is a set of exclusive rights granted by a state (national Govt.) to aninventor or their assignee for a limited period of time in exchange for a public

disclosure of an invention

Intellectual Property Rights (IPR) are meant to be rights to ideas andinformation, which are used in new inventions or processes. These rights

enable the holder to exclude imitators from marketing such inventions orprocesses for specified period of time; in exchange the holder is required todisclose the formula or idea behind the product/process.

The effect of IPR is therefore monopoly over commercial exploitation of the

idea /information, for a limited period of time. The stated purpose of IPRs isto stimulate innovation, by offering higher monetary returns than the marketotherwise might provide.

The Patents and Intellectual Property Right (IPR)


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Under patent law, which is developing rapidly, plant tissues,

plasmid, cytoplasm, enzyme, or protein can be patented

Patent law acknowledges neither the farmers privilege nor freeaccess to patented inventions for the purpose of creation.

Multinational corporations in the chemical, petroleum andpharmaceutical sector, have a prime interest in the development

of biotechnologies.

MNCs claim that rights under the UPOV Convention do notguarantee sufficient remuneration for biotechnological

innovations and ask that patents should be permitted for all

forms of living matter, from the gene fragment to species and

genera.

Intellectual Property Right (IPR)- Application


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The General Agreement on Tariffs and Trade (GATT) was signed in

1947 by 23 industrialised nations to reduce tariff and other barriers

In 1971, GATT Secretariat prepared a study Industrial pollutioncontrol and International Trade For Stockholm Conference

The Uruguay Round was the 8 th round of multilateral tradenegotiation conducted within the framework of the GATT spanning

from 1986-1994 and embracing 110 countries as contracting parties

The round transformed the GATT into World Trade Organisation

The round came into effect in 1995

GATT and WTO


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The Uruguay Round agreement on Agriculture brings agriculturetrade more fully under the GATT

It provides for converting quantitative restrictions to tariff and

phased reduction of tariffs

GATT and WTO


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WTOs committee on trade and environment has been discussing the linkages

between TRIPS (Trade Related Intellectual Property Rights) negotiated by the

trade community in 1994, and CBD.

Under TRIPS, all inventions, products or processes can be patented provided it

is new, involves an inventive step and is capable of industrial application.

This completely negates the provisions of CBD, which calls for national

legislation to respect, preserve and maintain knowledge, innovation and

practices of communities and ensure their equitable benefits.

CBD also calls for the transfer of technology, including technology protected

by patents, which makes use of the genetic resource of a particular country.

Negotiations at WTO


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Monsanto and Genetically Modified Organisms

The big giant corporation Monsanto of USA is the leading company in

genetic engineering producing agricultural and genetically modified (GM)products.

Terminator technology had been used to make seeds sterile, so that

farmers need not save seeds from one harvest for planting in the next

harvest. This way, farmers would have to buy new seeds from thecompany every year.

Terminator technology started with a joint patent between the US

Department of Agriculture and Delta Corporation. At the time, its activity

was referred to as control of plant gene expression. That year,Monsanto bought Delta for US $1.8 billion and thereby acquired the

rights to the technology.

In October 1999, Monsanto Corporation announced that it has

suspended sales of Terminator seeds.


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In 1983, FAO, an International Undertaking on Plant Genetic

Resources was prepared, which has now been signed by over 90countries .In FAO, the principle of free exchange of genetic

resources has been endorsed by the majority of states, both

developed and developing.

The rights of farmers should be recognized and rewarded, based onthe enormous contribution that farmers of all regions have made to

the conservation and development of plant genetic resources.

Farmers rights remains a concept, concrete measures to benefit farming

communities are lacking and the necessary funding has not been

forthcoming.

India is among the first countries in the world to have passedlegislation granting Farmers Rights in the form of the Protection of

Plant Varieties and Farmers Rights Act, 2001.

The Farmers Rights


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The rights to save, exchange and sell seeds and propagating

material

Register varieties

Recognition and reward for conservation of varieties

Benefit sharing

Information about

Expected performance of a variety, compensation for failureof variety to perform

Availability of seeds of registered variety, free services forregistration, conducting tests on varieties

Legal claims under the Act, and protection frominfringement

The Farmers Rights- In India


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The Geographical Indications Act, the Patents Amendments Actand the Seed Bill also have implications for Farmers Rights in

India.

The Seed Bill could restrict farmers right to sell their seeds,

and the Patent Amendment Acts could pave the way for furtherextensions of patentability in agriculture that may restrict

farmers rights to save, use or exchange seeds.

The Geographical Indications Act may enable farmers to claim

rights for agricultural goods originating in a specific region, orit could restrict access of farmers to the protected goods

depending on the way it is implemented.

The Farmers Rights- In India


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Indigenous Knowledge

The compensation of farmers and tribals who have protected, developed

and acquired the knowledge of biological resources and their use is an

extremely vexing issue.

Th

e contribution of farmersh

as now been formally recognised by th

einternational community.

The rosy periwinkle (Vinca rosea) from Madagascar, a plant which

now forms the basis of a US$ 200 million dollar drugs industry

Worlds tribal people and their traditional knowledge in general have

contributed enormously to the growth of the modern economy.


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In 1995 the European Patent Office (EPO) granted a patent on ananti-fungal product, derived from neem, to the US Department of

Agriculture and multinational W.R. Grace and Company.

The Indian government challenged the patent when it was granted,

claiming that the process for which the patent had been granted had

actually been in use in India for over 2000 years. In 2000 the EPO ruled in

India's favour but the US multinational mounted an appeal claiming that

prior art about the product had never been published in a scientific

journal.

On 8 March 2005, that appeal was lost and the EPO revoked the Neem

patent rights keeping the tree free of these patent restrictions

Bio-piracy: NEEM Case


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In December 1993, the University of Mississippi Medical Center had a

patent issued to them by United States patent and trademark Office on

the use of turmeric for healing.

T he patent was contested by India's industrial research organization, Council

for Scientific and Industrial Research (CSIR), on the grounds that traditional

Ayurvedic practitioners were already aware of the healing properties of the

substance for centuries

Bio-piracy : Turmeric


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Biosafety : Cartagena ProtocolThe Cartagena protocol biosafety to the convention on biological bioversity

is an international treaty governing the movements of living modified

organisms resulting from modern biotechnology from one country to other.

It was developed on 29 January 2000 as a supplementary agreement to

CBD and entered into force on 11 September 2003

Objective

To ensuring an adequate level of protection in the field of safe transfer,

handling and use of living modified organisms result from modern

biotechnology that may have adverse effects on the conservation and

sustainable use of biological diversity, taking into account of human health,

and specially on transboundary movement

Components Advance informed Agreement

Precautionary principle

Biosafety clearing House

Labeling of commodities


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Biosafety : Bt Brijal

Bt Brinjal is a transgenic brinjal created out of inserting a gene [Cry 1Ac]

from the soil bacterium Bacillus thuringiensis into Brinjal. The insertion of thegene into the Brinjal cell in young cotyledons has been done through an

Agrobacterium-mediated vector, along with other genes like promoters,markers etc.

This is said to give the Brinjal plant resistance against lepidopteran insectslike the Brinjal Fruit and Shoot Borer(Leucinodes orbonalis) and Fruit Borer(Helicoverpa armigera). It is reported that upon ingestion of the Bt toxin bythe insect, there would be disruption of digestive processes, ultimatelyresulting in the death of the insect.

Bt Brinjal is being developed in India by M/s Mahyco [Maharashtra HybridSeeds Company].

Biosafety tests like pollen flow studies, acute oral toxicity etc done beforelarge scale field trial


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It is reported that the average shoot damage in Bt Brinjal hybridsranged from 0.04% to 0.3% as compared to 0.12% to 2.5% in non-BtBrinjal hybrids.

The percentage of damaged fruits reportedly ranged from 2.5% to

20% in Bt Brinjal to 24% to 58% in non-Bt counterparts

No significant difference was noted between Bt Brinjal and Non-BtBrinjal, as per the company which did biosafety tests like acute oraltoxicity, sub-chronic oral toxicity in rats, allergenecity of protein to rats,germination, weediness and aggressiveness tests, soil micro-biotastudies etc

This will help small and marginal farmers from having to use 25-80sprays of pesticides which are ineffective, says the company

Biosafety : Bt Brijal- Promises and Claims


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Potential Health Hazards

Several studies on Bt crops in particular and GM crops in general show that thereare many potential health hazards in foods bio-engineered in this manner. GM-fedanimals in various studies have shown that there are problems with growth, organdevelopment and damage, immune responsiveness and so on.

Potential Environmental Hazards

Resistance development in the target pest is predictable and therefore, even thecompanies promoting Bt Brinjal are already talking about resistance management.They say that a structured refuge of 5% of non-Bt Brinjal is needed as a strategy forresistance management.

There have not been adequate tests done to assess the changes to the farm levelecology or stress intolerance of Bt Brinjal.

No tests were conducted to check for the effect of Bt Brinjal on the crop raisedsubsequently; similarly, feeding tests did not include open grazing of the animals onBt Brinjal plants

Biosafety : Bt Brijal- Issues

Biodiversity 9.2.10

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