l Glossary 11
Intellectual property rights (IPRs)
The term ‘intellectual property’ refers
broadly to the creations of the human mind,
for example, inventions, designs,
trademarks or artistic works, such as music,
books, films, dances, sculpture or
photography. Intellectual property rights
protect the interests of creators by giving
them property rights over their creations for
a certain period in time, provided that the
creators meet a certain criteria, for example,
originality, defined by the relevant laws.
Source: www.wipo.int
International Treaty on Plant Genetic
Resources for Food and Agriculture
(ITPGRFA), 2001
Treaty that aims to promote the
conservation and sustainable use of plant
genetic resources for food and agriculture,
and fair and equitable sharing of benefits
derived from their use, in harmony with the
CBD. One hundred and sixteen countries
are party to the ITPGRF.
For details see: www.planttreaty.org
Landrace
A landrace is a local variety of a
domesticated animal or plant species which
has developed largely through natural
processes, by adaptation to the natural and
cultural environment in which it lives. It
differs from a formal breed which has been
selectively bred deliberately. Landraces are
usually more genetically and physically
diverse than formal breeds.
Source: Wikipedia
The Nagoya Protocol on Access to Genetic
Resources and Benefit-Sharing (2010)
This protocol was developed to implement
the Convention on Biodiversity’s third
objective on access to genetic resources and
benefit-sharing. Its objective is:
…the fair and equitable sharing of benefits
arising from the utilisation of genetic
resources, including by appropriate access
to genetic resources … thereby contribut-
ing to the conservation of biological diversity and the sustainable use of its components.
The protocol will enter into force after 50
ratifications. It requires the prior informed
consent, or approval and involvement, of
indigenous and local communities for
access to traditional knowledge and genetic
resources held by them. It also requires
countries to support the development by
indigenous and local communities of
community protocols for access and benefitsharing. For further information, see
overview for this issue and see:
www.cbd.int/abs). For a critique of the
Nagoya Protocol in the Indian context, see:
Ramdas (this issue).
Participatory plant breeding (PPB)
An approach to seed development and
improvement that involves farmers and
breeders in systematic procedures for jointly
identifying desirable traits, selecting
promising lines, and evaluating the
resulting varieties. See: Jingsong et al. (this
issue).
Prior informed consent (PIC)
See: Free, prior informed consent (FPIC)
Seed patents
A patent is an exclusive right granted for an
invention, which is a product or a process
that provides, in general, a new way of doing
something, or offers a new technical
solution to a problem. In order to be
patentable, the invention must fulfill certain
conditions. Patents can be taken out on
seeds that have been modified or bioengineered. There is no obligation for the
patent holder to seek the consent of, or share
benefits with, the local custodians of the
seed used to develop the product or process
considered an invention.
Traditional knowledge
Contrary to a common perception,
traditional knowledge is not necessarily