The Use of GM Crops in Developing Countries
Control of and access to genetic modification technologies
Access to plant genetic resources is critically important for the development of GM crops which are suited to the needs of developing countries. Usually, access to such resources is governed by Material Transfer Agreements (MTAs). The perception that the recent proliferation of MTAs is not necessarily in the public interest is widespread.
We welcome the decision by the UK Government to ratify the International Treaty on Plant Genetic Resources for Food and Agriculture. Access to resources falling under the Treaty is of crucial importance in the development of crops suited to developing countries. We recommend that in the negotiations regarding the standard Material Transfer Agreement (MTA), the UK Government aims for provisions that exempt users in developing countries from payments, where commercial applications arise from material covered by the MTA. Where exemptions are not appropriate, differentiation of payments should take into account the level of development of the country in question (paragraph 5.15).
Under patent law in the UK, it appears that a plant breeder does not have the clear right to use a patented GM plant variety for breeding purposes. To avoid possible litigation, he can either refrain from using the variety or apply for a licence from the patent owner. Such requests may be refused or granted on less than favourable terms and the provision of compulsory licensing is often not straightforward. As we noted in our 1999 Report, this potential locking up of genetic variation would be contrary to the spirit and intent of plant variety rights (PVRs). We consider that there is a strong case for the principle of the breeders’ research exemption, established for PVRs, to be applied to patented varieties. We reaffirm our recommendation from that Report that the World Intellectual Property Organization (WIPO), the European Commission (EC), the Union for the Protection of the New Varieties of Plants (UPOV), the Consultative Group on International Agricultural Research (CGIAR) and the International Plant Genetic Resources Institute (IPGRI) together closely monitor the impact of patents on the availability of germplasm to plant breeders (paragraph 6.11 and paragraph 3.61 of the 1999 Report).