BRIEFING NOTE FOR 27 AUGUST 2000

Third Intersessional Meeting of the Contact Group of the Commission on Genetic Resources for Food &  Agriculture

Briefing note for Sunday, 27 August 2000

The Contact Group met in morning and afternoon sessions to continue discussions on Article 14.2(d) (Commercial Benefit-sharing), specifically focusing on elements addressing private sector involvement in partnerships for research and technological development, and payment of a percentage of royalties derived from plant genetic resources accessed under the Multilateral System (PGRFA). On the first element, debate generally centered around whether Parties should be obliged to share commercial benefits through measures involving the private sector or whether such measures should be promoted. After extended discussion, delegates accepted language on Parties agreeing "to take measures to achieve commercial benefit-sharing through the involvement of the private and public sectors…"

Regarding the element addressing royalties, contentious discussion revolved around whether the provision should apply to products derived from PGRFA protected by: patents (which restrict further access); any form of intellectual property protection (including Plant Breeders' Rights which do not restrict further access) and/or forms of commercial protection that just restrict access to genetic material. An observer organization presented a proposal for the provision, which had been introduced at a previous session. Subsequent discussion did not yield significant progress. Chair Fernando Gerbasi (Venezuela) then convened a small working group to draft compromise text, which started its discussions in a late evening session.

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