The Editor
The Guardian
London
Dear Sir
WTO and FAO International Treaty on Plant Genetic Resources for Food and Agriculture
Global public goods may also be sacrificed at the altar of Doha if the WTO ignores last
weekend's decision in Rome. Naomi Klein (Doha, the economic frontline, Nov 8) rightly
points out that developing country needs and "petty concerns about mass poverty" may be
well be overridden by WTO fanaticism. But developing countries and the liberal majority in
OECD countries should take heart from events in Rome last weekend when a landmark but
underreported event occurred: the adoption by the 184 nation Food and Agriculture
Organisation of the United Nations of an International Treaty to safeguard, in the public
domain, the basis of global food security - the seeds of the world's most important crop and
forage plants. This legally binding Treaty, the result of 7 anguished years of negotiations, is
called the International Treaty on Plant Genetic Resources for Food and Agriculture. As the
Director General of FAO, Jacques Diouf, noted in his celebratory speech "This Treaty... is at
the crossroads where agriculture, environment and trade meet."
Despite last minute attempts by the USA, backed by Australia, Canada, Japan and a few
others, to remove the key clause in the treaty which exempts these vital resources from
Intellectual Property Rights, and subsequent statements that they would not recognise any
interpretation of this clause as limiting their right to patent seeds and genes, the treaty was
overwhelmingly adopted. Developing countries, the European region, the international
agricultural research community and Civil Society Organisations all welcomed the decision,
although each noted weaknesses that will now have to be addressed by the Treaty's
Governing Body.
The Treaty covers 35 of the world's most important crops that, together, provide more than
70% of human dietary energy needs - but the Governing Body should expand this list to
include especially those crops that are important for oil, protein, vitamin and mineral
components of our diet. It prevents countries from recognising IPRs on these crops - but the
Governing Body will have to remove ambiguities that might allow corporations to cherry-pick
and patent genes extracted from these crops. It provides for mandatory sharing of profits
from the use of genetic resources covered by the Treaty with the developing world's farmers,
who created our food crops - but the Governing Body will have to find ways of increasing
these so that they are commensurate with the contribution that these genetic resources
make to the multi-trillion dollar food industry. The Treaty recognises Farmers' Rights to
access seeds, share and sell these and participate in relevant decision making fora - but the
Governing Body must find ways of making these Rights are internationally recognised and
not subject to national law.
This landmark Treaty could be immediately undermined by the WTO if it overrides
developing country demands for a full review of the gene patent exemption article in the
Agreement on Trade Related aspects of Intellectual Property Rights - TRIPs Article 27.3(b).
This article allows countries to exempt plants, plant varieties and animals from patenting, but
the USA is pressuring for deletion of this clause.
This is the first international treaty of the new century and, significantly, it is a treaty that
defends global public goods. WTO negotiators would redeem themselves to some extent if
they were explicitly to recognise and support the new Treaty, which will be so important in
fight against hunger.
Yours
Patrick Mulvany
ITDG
UK