ITPGRFA: Options to Promote the Wider Application of Article 6.11 of the SMTA and the Enhance Benefit-Sharing
Legal opinion by Carlos Correa
Berne Declaration, Development Fund, July 2013

Issued on the occasion of the fifth session of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR), this legal opinion argues that the Treaty’s current Multilateral System (MLS) of access and benefit-sharing is unable to fulfill its objective of fair and equitable benefit-sharing. It shows that within the framework of the Treaty, parties are given some flexibility to change the standard Material Transfer Agreement (SMTA), in order to raise the share of benefits. In particular, an increased applicability of a crop-based option, like the current Art. 6.11 of the SMTA, should play an important role in this regard. As a next step, the options will have to be double-checked by means of an economic analysis which estimates the realistic income that would be generated through a revised benefit-sharing mechanism. Download the legal opinion [pdf] …

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