IPGRI Policy on Intellectual Property
I. Preamble
1.The International Plant Genetic Resources Institute (hereinafter IPGRI) is an autonomous international scientific
organisation operating under the aegis of the Consultative Group on International Agricultural Research (CGIAR).
Its mandate is to advance the conservation and use of plant genetic resources (PGR) for the benefit of present and
future generations and more specifically its mission is:
To encourage, support and undertake activities to improve the management of genetic resources worldwide so
as to help eradicate poverty, increase food security and protect the environment. IPGRI focuses on the
conservation and use of plant genetic resources important to developing countries and has an explicit
commitment to specific crops.
2. Intellectual property rights are essentially a grant of exclusive marketing rights accorded to promote science,
technology, the arts, consumer choice and to encourage investment and secure returns on it. To the extent that IPGRI
acquires such rights, it is committed to use them exclusively in support of its objectives, in a manner consistent with
its mission. Where appropriate, it will liberally grant licenses or waive its rights.
3. IPGRI's Policy on Intellectual Property has been developed to assist IPGRI in achieving its objectives, in
particular by providing:
 i. clear objectives and principles of conduct in the management of intellectual property;
 ii. guidelines as to how and when intellectual property protection will be sought and exercised;
 iii. mechanisms for control over the use of intellectual property protected material by recipients to ensure
that this use is consistent with furthering IPGRI's mission; and
 iv. safeguards which ensure that IPGRI remains accountable to its beneficiaries.
 v. guidelines for the use of intellectual property rights for the purpose of benefit sharing
4. IPGRI's Policy on Intellectual Property is also designed to establish the basis of transparent and consistent
decision making. This will ensure that IPGRI acts consistently in relation to intellectual property issues, and closely
ties the use of intellectual property protected material to furthering its mission, with special regard to its
beneficiaries.
II. Scope of the policy
IPGRI's Policy on Intellectual Property covers the following:
 1. General Principles
 2. Objectives of Intellectual Property Management
 3. Principles of Conduct
 4. Access to Proprietary Technology
 5. Germplasm
 6. Breeding Material
 7. Research Products
 8. Protection Prerequisites
 9. Mechanisms for Access and Benefit Sharing
 10. Publications (Printed and Electronic) and Other Works
 11. Trademarks
 12. Ownership
 13. Implementation
 14. Effective Date
III. Definitions
For the purpose of this Policy:
1. Beneficiaries shall mean the world community, and in particular the poor in developing countries.
2. Black Box Storage is the storage of germplasm accessions, or an entire collection from an originating genebank,
at another genebank with the understanding that the storing genebank will have no obligations other than to maintain
the material under appropriate conditions and will have no rights to exchange or use the stored material in any way,
without written agreement from the originating genebank.
3. Breeding Material shall mean germplasm developed by IPGRI including breeding lines, elite germplasm and
breeding material under development.
4. Derivative means material derived or developed from designated germplasm or other genetic materials distributed
or received by IPGRI. This working definition is subject to a more detailed definition by CGIAR.
5. Designated Germplasm means genetic resources designated by IPGRI to be held in trust for the Beneficiaries
within the International Network of Ex Situ Germplasm Collections of the Food and Agriculture Organisation
(FAO) of the United Nations, pursuant to the 1994 Agreement between IPGRI and FAO.
6. Plant Genetic Resources means the reproductive or vegetative propagative material of the following categories of
plant:
 i. cultivated varieties (cultivars), including farmers' and local varieties (landraces) in current use and newly
developed varieties;
 ii. obsolete cultivars;
 iii.primitive cultivars (landraces);
 iv. wild and weedy species, near relatives of cultivated varieties;
 v. special genetic stocks (including elite and current breeders' lines and mutants).
7. Non-Designated Germplasm means genetic resources held in IPGRI genebanks that are not designated under the
1994 Agreement between IPGRI and FAO, excluding breeding material or black box storage material.
8. Research Products means information, inventions, products, processes, techniques, biological material and any
other research products or processes funded or developed by IPGRI.
9. Supplier means a party legally empowered to supply the material in accordance with the Convention on
Biological Diversity (CBD) and relevant national legislation.
IV. General Principles
1. IPGRI endorses the Guiding Principles for the CGIAR International Agricultural Research Centres on Intellectual
Property and Genetic Resources (hereinafter CGIAR Guiding Principles).
2. IPGRI recognises the national sovereignty of states over their biological resources, including their genetic
resources, affirmed by the CBD and the principles of access and fair and equitable benefit sharing of genetic
resources stated in the CBD.
3. IPGRI encourages germplasm donors to permit the designation of material pursuant to the 1994 Agreement
between IPGRI and FAO.
4. IPGRI recognises Farmers Rights as contained in the International Undertaking for Plant Genetic Resources and
shall adopt access and benefit sharing principles to encourage and protect indigenous and farming communities'
knowledge, innovation and practices related to plants and plant genetic resources.
5. IPGRI shall act in accordance with its Ethical Principles, as approved by the IPGRI Board of Trustees at its
fourteenth meeting on 22 September 1999.
V. Objectives of Intellectual Property Management
1. IPGRI shall manage intellectual property issues with:
 i. integrity;
 ii. equity;
 iii. responsibility; and
 iv. accountability.
2. In any pursuit, exercise and management of intellectual property issues, IPGRI shall be guided by:
 i. its mission; and
 ii. IPGRI's special responsibilities to its beneficiaries arising from its role as trustee of the designated
germplasm.
3. In particular, it is anticipated that suitable occasions for the exercise of intellectual property by IPGRI may arise
in the following situations:
 i. to support public and private partnerships which pursue mission-based research or which develop and
apply research results;
 ii. to assure ready access by others to research products developed or funded by IPGRI;
 iii. to facilitate the transfer of technology, research products and other benefits to beneficiaries including,
where appropriate, through commercialisation or utilisation of research products; and/or
 iv. where appropriate, when protection of IPGRI research products facilitates the negotiation and
conclusion of agreements for access to the proprietary technology of others, or generates revenue as an
incidental benefit arising from research products developed in IPGRI's mission-based research.
4. Decisions on intellectual property issues will be determined by IPGRI on a case-by-case basis and only after a
specific judgement that such arrangements will best achieve the objectives set out above and are in accordance with
this Policy. This Policy will also apply to IPGRI's activities as a broker of arrangements between third parties which
involve intellectual property rights, and in this regard IPGRI will seek to influence such arrangements so they accord
with this Policy.
VI. Principles of Conduct
1. In all intellectual property decisions, IPGRI will act in a transparent, fair and equitable manner and disclose the
reasons for its decisions.
2. IPGRI does not view the protection of intellectual property as a mechanism for securing recurring financial
returns upon which it may depend. To the extent that such returns are generated, they will be used in support of
specific tasks and projects fully compatible with the mandate of IPGRI and which support benefit sharing.
3. All arrangements with third parties associated with the access, joint creation, use or exploitation of intellectual
property protected materials will be documented.
VII. Access to proprietary technology
1. Technology of others which is protected by intellectual property (proprietary technology) may be used by IPGRI
in order to gain access to innovations that might enable IPGRI to make important advances necessary to furthering
its mission.
2. Prior to the use and application of the proprietary technology, IPGRI will identify any restraints associated with
use of the proprietary technology and distribution of products or processes incorporating the proprietary technology.
3. Any such restraints must clearly justify the benefits of use of the proprietary technology and adherence by IPGRI
to such restraints must be consistent with the Objectives set out in this policy and the IPGRI Guidelines for Access
to and Use of Proprietary Technology.
VIII. Germplasm
Designated Germplasm
1. Designated germplasm is held by IPGRI in trust for the world community.
2. As a trustee of the designated germplasm, IPGRI will act in a way consistent with its fiduciary duty and will
manage the designated germplasm for the benefit of the world community, including ensuring its:
 i. maintenance in accordance with international standards and enhancement;
 ii. defence against physical destruction;
 iii. safe and secure conservation for present and future generations; and
 iv. availability for world-wide use in agricultural research and development.
3. IPGRI adheres to the principle of ready access to designated germplasm in accordance with the 1994 Agreement
between IPGRI and FAO.
4. IPGRI will not claim legal ownership of the designated germplasm.
5. IPGRI will not claim protection of the designated germplasm by any form of intellectual property nor restrain
access to related information1.
6. Designated germplasm will be made available to recipients on the conditions set forth in the Material Transfer
Agreements (MTAs) developed in collaboration with FAO and other CGIAR Centers. As set forth in the MTA, all
recipients shall be required to consent to the the following:
 i. not to assert legal ownership nor to seek intellectual property protection over the designated germplasm
or related information; and
 ii. to make any transfer of the designated germplasm or related information subject to these conditions.
7. The circumstances in which IPGRI and recipients may protect by intellectual property the products of their
breeding using the designated germplasm and materials isolated from the designated germplasm, are specified in
Section XI: Protection Prerequisites.
8. Germplasm duplicated for security reasons will be treated on the same terms as the original material.
Non-Designated Germplasm
9. As far as possible, it is IPGRI's preference to treat non-designated and designated germplasm the same in terms of
the application of intellectual property rights. However, there may be times when it is necessary to make a
distinction between designated and non-designated material (for example, when an interim period is necessary to
decide whether or not to designate the material; when IPGRI accepts germplasm that carries certain conditions that
prevent its designation; or where a commitment to long-term conservation or other terms of designation contained in
the terms of the 1994 Agreement between IPGRI and FAO are not deemed appropriate under the circumstances).
Recognising this, it is IPGRI's policy that:
 i. Non-designated germplasm will be made available to recipients subject to and in accordance with any
conditions set by the donor country or supplier when IPGRI received the material.
 ii. In the absence of any such conditions the intellectual property policies for supply and intellectual
property protection of designated germplasm will apply.
 iii. IPGRI may, at its discretion, accept germplasm for black box storage which will generally not be
available except in accordance with conditions placed by the donor of the germplasm.
 iv. Otherwise IPGRI will only accept for long-term conservation germplasm that can be transferred in
accordance with the terms described under the Section for designated germplasm.
IX. Breeding material
1. IPGRI adheres to the principle of ready availability of breeding material for breeding and research activities.
2. Breeding material will be made available to recipients by contract,subject to the following:
 i. not to assert legal ownership of the breeding material nor to claim protection of the breeding material by
any form of intellectual property without the express consent of IPGRI;
 ii. to only take out Plant Variety Protection on derivatives in accordance with Section XI: Protection
Prerequisites
 iii. to only take out patent protection on the product of their breeding using the breeding material, and
materials isolated from the breeding material in accordance with the provisions of Section XI: Protection
Prerequisites
 iv. to make any subsequent transfer of the breeding material subject to these conditions
X. Research products
1. Based on the assumption that its operations will continue to be sponsored by public funds, IPGRI regards any
information, inventions, processes, biological material or other research products funded or developed by IPGRI
(research products) as international public goods to be used in furtherance of its mission. To the extent that research
products are achieved in co-operation with the private sector, IPGRI will administer resulting intellectual property
rights in accordance with the policies set out in particular in Section V to the utmost extent possible, in particular
with a view to support benefit-sharing.
2. IPGRI will take every possible measure to facilitate access to research products for the public benefit in particular
in developing countries through publication and public disclosure.
3. Where it is uncertain or unlikely that publication or public disclosure will facilitate access to or ensure delivery of
research products for the public benefit in particular in developing countries IPGRI will, exceptionally, pursue this
objective by:
 i. taking, or allowing others to take, intellectual property rights in research products or material derived
from research products; and/or
 ii. granting exclusive licenses over research products.
4. As a result of the pursuit, exercise and management of intellectual property, IPGRI may impose conditions on the
supply of the research products, assuming that appropriate access arrangements have been made in favour of the
beneficiaries in accordance with IPGRI's Benefit Sharing Guidelines.
5. When involved in research either directly or as a funder, IPGRI will require the collaborator or grantee to seek
permission from IPGRI before applying for any intellectual property protection of the research products.
6. The circumstances in which IPGRI, collaborators, grantees or recipients may protect by intellectual property the
research products or the results of their research or breeding using the research products are specified in Section XI:
Protection Prerequisites.
XI. Protection Prerequisites
1. Decisions on consenting to the application for for intellectual property protection will be taken by IPGRI on a
case-by-case basis in accordance with the principles set forth in Article V.1 and only after a specific judgement that
such arrangements will best achieve the objectives of intellectual property management set out in this policy.
2. Any material derived from the designated germplasm, breeding material or research products must first qualify as
a derivative before it will be eligible for intellectual property protection. IPGRI will conform to the CGIAR CDCIPR Committee conclusions on the definition of derivative.
3. Where plant variety protection is sought, it must be consistent with the provisions of UPOV or any other sui
generis system that does not preclude others from using, in their breeding programmes, either the original material
or the new variety on which protection is sought.
4. With regard to the patenting of cells, organelles, genes, molecular constructs, plants, varieties and traits, IPGRI
shall pay due regard to the nature of the recipient and the product, and the effect that the protection would have on
access to and distribution of the protected product, before agreeing to proceed with an application for patent
protection.
5. Where appropriate, recipients will be required to publicly recognise IPGRI as the source of the original material,
including in any applications for plant variety protection or patent applications.
6. No intellectual property protection will be agreed to without satisfactory and equitable benefit sharing
arrangements' being undertaken in accordance with IPGRI's Benefit Sharing Guidelines.
7. Agreement granted to recipients to apply for intellectual property protection does not in any way waive the rights
of IPGRI to challenge excessive protection granted, by recourse to administrative and court proceedings.
XII. Mechanisms for access and benefit sharing
1. IPGRI supports the establishment of an effective multilateral system for the exchange of plant genetic resources
that supports the conservation, development and sustainable use of plant genetic resources through, inter alia, benefit
sharing and the recognition of Farmers' Rights in accordance with the provisions of the FAO-International
Undertaking.
2. IPGRI also adheres to the use of Germplasm Acquisition Agreements and Material Transfer Agreements for the
acquisition and distribution of germplasm and related information, and the use of bilateral agreements as a
mechanism for recording terms of access and benefit sharing, as appropriate.
3. IPGRI supports efforts to bring about an equitable balance between intellectual property rights and the protection
of traditional knowledge in relation to the use of plant genetic materials, with a view to foster conservation,
sustainable use and benefit sharing.
XIII. Publications(printed and electronic), Databases, reports, Training Material, Public Awareness,Artwork, AudiVisual Material
1. IPGRI encourages the wide dissemination of its publications (printed and electronic) including, databases, reports,
training material and public awareness material, artwork and audio-visual material to the plant genetic resources
community, and seeks that such materials be used to maximum public benefit.
2. In creating such materials IPGRI shall:
 i. only use the copyright material of others within "fair use" limitations or with the consent of the copyright
owner; and
 ii. will properly attribute the source of the material.
3. All IPGRI publications (printed and electronic) will carry standard copyright convention signs, indicating IPGRI
as the copyright owner of the compilation, published edition and/or the material published (as appropriate) together
with the year of publication.
4. IPGRI will incorporate in its publications (printed and electronic) standard copyright notification statements:
 i. permitting the making of single copies of IPGRI copyright material for non-commercial purposes;
 ii. requiring attribution where IPGRI copyright material is reproduced in other publications;
 iii. prohibiting interference or tampering with the material without the express consent of IPGRI; and
 iv. addressing any other issues relevant to the best use being made of the material, such as procedures for
the dissemination and recall of material subject to updating.
5. IPGRI may, to the extent available in national laws, enforce its copyright in IPGRI publications (printed and
electronic) and protect them from unfair competition in order to:
 i. respond to a breach of the above terms;
 ii. prevent misappropriation of such material for commercial purposes; and/or
 iii. protect the fidelity of such material.
XIV. Trademarks
1. IPGRI may register the "IPGRI" name and logo and any other distinctive marks as trademarks in order to protect
the goodwill and reputation associated with the exclusive use of these marks by IPGRI.
XV. Ownership
1. Any intellectual property rights in research products, publications and other works created or contributed to by
IPGRI staff in the course of their normal and assigned professional duties shall be vested in IPGRI and this will be
reflected in all employment contracts.
2. Any intellectual property right in research products, publications and other works commissioned by IPGRI shall
be assigned to and vested in IPGRI as a right holder
3. Staff will be required to disclose all innovations arrived at in the course of their employment with IPGRI.
4. Collaborative research or research funded by IPGRI shall be on the basis that IPGRI shall either:
 i. own or share ownership of any intellectual property in the research products, including copyright in any
research reports or papers; or
 ii. have the discretion to control the publication of such research reports and papers and to require the
collaborator to seek permission from IPGRI before applying for any intellectual property protection of the
research products.
5. Where collaborative research products or works are to be owned jointly, ownership shall be determined in
proportion to the comparative contributions of the parties.
XVI. Implementation
1. This Policy shall apply to all of IPGRI's activities, programmes and offices and accordingly, all references to
IPGRI in this Policy shall be construed to include references to these entities.
2. Responsibility for implementing this Policy rests with the Director General.
XVII. Effective Date
1. This Policy is effective from 1 April 2000, and shall remain in force until superseded, cancelled or suspended in
writing by the authority of the Board of Trustees.
2. It is anticipated that this Policy will be subject to further review and revision to reflect international legal
developments concerning intellectual property and plant genetic resources.
For further information, please contact Susan Bragdon.
Revised on July 04, 2000