Home  About FNI  Research  Publications  Staff  News & events  Contact		FNI PUBLICATION SUMMARIES Biodiversity and Biosafety Rosendal, G. Kristin, Ingrid Olesen and Morten Walløe Tvedt 'Evolving Legal Regimes, Market Structures and Biology Affecting Access to and Protection of Aquaculture Genetic Resources' Aquaculture, Published online 06.04.2013. > Purchase original article or download post-print version here. The maturing aquaculture sector currently faces a number of challenges relating to the objectives of sustainability, conservation, equity and access to and legal protection of genetic resources. The study investigates, through interviews, how actors in the aquaculture sector perceive their options with a view to accessing aquatic genetic material and to protecting innovations in breeding. Moreover, the study analyses how corporate strategies, technological developments, and international regulatory regimes are perceived to affect these options, building also on scientific literature and other legal and policy documents. Included are comparisons of findings from Norwegian case studies on Atlantic salmon and Atlantic cod with similar studies on marine shrimp in India and tilapia in South East Asia and Africa. Aquaculture is increasingly characterized by pressure toward higher production efficiency and short-term profits. Hence, actors in the aquaculture sector face emerging difficulties pertaining to affordable access to improved breeding material and technology, while also securing adequate funding for sustainable breeding programmes. Public ownership or support seems to be important measures to balance these objectives that may otherwise be hard to combine. This is particularly the case during the early phases of implementation and operation of applied aquaculture breeding programs. Andersen, Regine 'Farmers’ Rights in Times of Change: Illusion or Reality?' In W.S. de Boef, A. Subedi, N. Peroni, M. Thijssen and E. O'Keeffe (eds), Community Biodiversity Management: Promoting Resilience and the Conservation of Plant Genetic Resources. New York/London, Routledge, 2013, pp. 306-313. > Information about the book This chapter is about farmers' rights as they are addressed in the International Treaty on Plant Genetic Resources for Food and Agriculture. It discusses the progress that has taken place with regard to the implementation of these rights so far, and whether the realization of farmers' rights is an illusion or a reality. While awareness regarding the need to put farmers' rights into practice is increasing among many stakeholders and there are many examples at national and local levels that can be regarded as models for the further efforts and much has been achieved internationally with regard to developing a joint understanding of farmers’ rights and their importance, major incentive structures and regulations are often detrimental to the conservation and sustainable use and represent serious obstacles to the full implementation of farmers’ rights. Such structures and regulations often include legislation on the marketing of seed and propagating material. The chapter argues that without the implementation of farmers' rights, it will be almost impossible to maintain and further develop the world's plant genetic heritage and ensure that future generations will enjoy the benefits of it. Medaglia, Jorge Cabrera, Morten Walløe Tvedt, Frederic Perron-Welch, Ane Jørem and Freedom-Kai Phillips The Interface between the Nagoya Protocol on ABS and the ITPGRFA at the International Level: Potential Issues for Consideration in Supporting Mutually Supportive Implementation at the National Level FNI Report 1/2013. Lysaker, FNI, 2013, 59 p. > Download full-text version (PDF) > Version française After countries agreeing to the Nagoya Protocol in 2010, the implementation process has started in parallel with the ratification process. Before Nagoya, two other treaties regulated access were already in place: the Convention on Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. As a contribution to clarify overlaps and possible areas of different rules, this study identifies the core articles in the NP relevance to the implementation of the ITPGRFA. This study also analysis the relevant concepts in the ITPGRFA to identify possible loopholes and grey zones between these three ABS regulations. There is a body of literature discussing the interpretation and implementation of the ITPGRFA, but there is still some disagreement on some of the core legal concepts under the treaty. This report explores the criteria for a plant genetic resources being mandatory included into the multilateral system for ABS. What is meant by ‘public domain’? How can countries decide on the matter of managing and controlling plant genetic resources? What is the relationship between the multilateral system and local and indigenous groups to plant genetic resources? All ABS systems and the attempt to make access happen and benefit sharing flow needs to hold an eye on how it will interact with IPRs. In this study a brief look is offered on the relationship between the two relevant IPRs in the plant sector, the patent system and plant breeders’ rights relate to the common pool of genetic resources in the multilateral system. Andersen, Regine and Tone Winge The Access and Benefit Sharing Agreement on Teff Genetic Resources: Facts and Lessons FNI Report 6/2012. Lysaker, FNI, 2012, 159 p. > Download full-text version (PDF, 4 MB) > Download executive summary, (PDF, 527 kB) > Read related FNI News article This report tells the story of an agreement on access to teff genetic resources in Ethiopia, and the fair and equitable sharing of benefits derived from their use, that was hailed as one of the most advanced of its time. This agreement between the Ethiopian Institute of Biodiversity Conservation and the Dutch company Health and Performance Food International was entered into in 2005. It was seen as a pilot case for the implementation of the Convention on Biological Diversity in terms of access and benefit sharing, and expectations were high. And yet, implementation of the agreement failed. The Dutch company was declared bankrupt in 2009. And, as a result of several circumstances, Ethiopia was left with fewer possibilities for generating and sharing the benefits from the use of teff genetic resources than ever before. How was this possible? Exactly what happened, and what can we learn? How can we ensure that future access and benefit-sharing agreements will have better prospects of success? These are the central questions of this report, which provides an in-depth analysis of the course of events with regard to the agreement as well as a related patent on the processing of teff, and concludes by deriving recommendations concerning future access and benefit-sharing agreements as well as for the implementation of the Convention on Biological Diversity. Rosendal, G. Kristin, Ingrid Olesen and Morten Walløe Tvedt Access to, Equity and Protection of Genetic Resources in Ghana: The Case of Tilapia (O. niloticus) FNI Report 15/2012. Lysaker, FNI, 2012, 28 p. > Download full-text version (PDF) Ghana is a latecomer to ABS legislation although the principle of benefit sharing has long traditions in Ghanaian society, also in the aquaculture sector. Experiences from bioprospecting deals have often been negative, similar to many other cases in Africa. This underscores the need for ABS legislation and institutions also in Ghana. For aquaculture and tilapia, access issues have most relevance in a regional sense and hence it is important to retain open access to tilapia genetic material between the countries of the greater Volta region, probably more important than ensuring benefits from others’ use. Still, in the case of future interest in tilapia from multinational corporations, Ghana could benefit from a solid ABS framework, which includes aquatic genetic resources. The GIFT programme has already provided benefit sharing in terms of technology transfer – which may be equally or even more important than sharing and dissemination of breeding material or monetary payments. There may also be future interest in exchange of improved breeding material between GIFT breeding programmes and the Akosombo strain – a possible avenue for Ghana to profit from improved high-quality breeding material from the Akosombo breeding programme. Andersen, Regine Plant Genetic Diversity in Agriculture and Farmers’ Rights in Norway FNI Report 17/2012. Lysaker, FNI, 2012, 119 p. > Download full-text version (PDF) > Norsk versjon This report takes the International Treaty on Plant Genetic Resources for Food and Agriculture as a point of departure and analyses achievements, gaps and needs with regard to its implementation in Norway, with focus on its provisions on farmers' rights. Allthough much of the crop genetic diversity has been lost in Norway, substantial efforts are made to save what is left, and to ensure farmers’ rights. The plant variety and seed marketing regulations provide some of the barriers in this work, but much depends on how they will be implemented in the time to come. Traditional knowledge is disappearing, despite efforts to stop this. A consolidated strategy for this purpose is lacking. Economic incentive structures are not yet in place, except for some ‘seed money’, and thus most of the work is based on pure idealism. Farmers invovled in crop genetic diversity could participate better in decision making if they were better organized. The hearing system is seriously challenged by the EEA-memebership, due to a high ‘turn-over’ of decisions to be implemented at the national level, lack of transparency, and since norwegian opinions have little to say against decisions from the EU. To have a say in these matters, it is probably more useful to link up with European organizations involved in the issue. Nevertheless, much has happened during the past years which support the realization of farmers’ rights and enhances the crop genetic diversity available to farmers. Myhr, Anne Ingeborg, G. Kristin Rosendal and Ingrid Olesen 'New developments in Biotechnology and IPR in Aquaculture - Are they sustainable?' In Z.A. Muchlisin (ed), Aquaculture . Rijeka, InTech, 2012, pp. 317-342. > Download article The objective of this chapter is to give an overview and analysis of the current trends and developments in biotechnology in aquaculture research and management. The technological developments along with structural changes in the aquaculture sector may affect access and intellectual property rights (IPR) regimes. These issues are discussed in a wide perspective involving both short and long-term biological effects, ethical and other social aspects (economic, legal and political issues), including their partly inherent contradictions needing compromising for sustainable development. The chapter focus on current biological challenges within aquaculture as a growing food production sector, with less emphasis on external effects such as environmental effects. Cases from farmed salmon and cod in Norway in addition to shrimp and tilapia in Asia are highlighted. Winge, Tone A Guide to EU Legislation on the Marketing of Seed and Plant Propagating Material in the Context of Agricultural Biodiversity FNI Report 11/2012. Lysaker, FNI, 2012, 85 p. > Download full-text version (PDF) This report presents the EU legislation on the marketing of seed and plant propagating material, with a particular view to how it affects agricultural biodiversity. The main principles of the EU’s 12 basic directives in this area and the three directives providing derogations for the purpose of conservation and sustainable use of plant genetic resources for food and agriculture are discussed. As this part of EU legislation is currently undergoing review, the various elements of the review process are also presented. In addition, the report contains a guide to the literature on the development of such legislation in Europe, its effects on agricultural biodiversity, and the content and consequences of the EU directive that provides derogations for conservation varieties. Rosendal, G. Kristin 'Adjusting Norwegian Agricultural Policy to the WTO through Multifunctionality: Utilizing the Environmental Potential?' Journal of Environmental Policy and Planning, Vol 14, No 2, pp. 209-227 > Purchase original article or download post-print version This article deals broadly with the receptiveness of domestic institutions to international regimes, applying an organizational theoretical approach. More specifically, the aim is to explore how international obligations emanating from multilateral agreements on environment and trade affect Norwegian agricultural policy. Multifunctionality has been portrayed as an adept way of adjusting agricultural policy to the WTO by tapping into the environmental potential. However, closer scrutiny disclosed that this potential for environmental improvements has hardly been utilised. Partly accounting for this situation is the relatively weak role of the Ministry of the Environment in policy-making, compared to the highly institutionalized domestic interest groups associated with agriculture. The organizational field of agriculture has remained very strong, and hardly subject to normative persuasion from relatively weak international environmental regimes. Moreover, while Norwegian environmental NGOs do have the potential to affect policies, there is very little evidence of pressure for utilizing the environmental potential of multifunctionality. This study points out the strong alliance between rural and environmental grassroots organizations in Norway, with more harmonious relations than those at the ministerial level. Haro, Monica Natalia Sustainability Aspects of Applying GMOs in Aquaculture FNI Report 7/2012. Lysaker, FNI, 2012, 71 p. > Download full-text version (PDF) The survey result showed that most respondents of UMB students had good knowledge about genetic modification and/or GMOs. Most of the respondents agreed that the use of GMOs results in negative environmental effects, and willingness to buy transgenic salmon increased considerably if it was more environmentally friendly. There was a tendency for men to be more positive than women towards buying transgenic salmon if it is more environmentally friendly. Surprisingly, it was found that production of cheaper food could not motivate the majority of the students to support the use of GMOs. Many students were not willing to buy transgenic salmon if it was more nutritious or more disease resistant. Many students agreed that there is a need to reduce the risk by initiating more research on GMOs, that new knowledge about risks must be taken into account and that we need to seek expert advice to get more understanding about the potential risks to health and the environment. The students also strongly agreed upon the need to reduce the possible risks of GMOs application by increasing transparency to the public about research and information on GMO technology. Moreover, it was also acknowledged the need for improving communication between scientists and the public. Tvedt, Morten Walløe 'Kan tilgang til og godefordeling ved bruk av genetiske ressurser bidra til biologisk mangfold?' ('How can Access and Benefit Sharing contribute to conservation of biological diversity?') In I.L. Backer, O.K. Fauchald and C. Voigt (eds), Pro Natura - Festskrift til Hans Christian Bugge. Oslo, Universitetsforlaget, 2012, pp. 518-530. In Norwegian. > More information about the book here > Download the chapter here This article takes a closer look at the possibilities - options and obstacles for access and benefit sharing to contribute to the conservation of biological diversity. The Nagoya Protocol and challenges in its implementation i a core topic for this analysis. It is suggested that the lack of political will to oblige biotechnology is one essential challenge for a functinoal implementation. It is also suggested that identical conditinos for research and development is a core reason for user countries to be reluctant in implmenting strick obligations on their industry to share benefits. The great challenge for ABS to succeed is how to create incentives for the actual users of genetic resoruces to contribute to the overall conservation goal. Before the CBD and its members acheive the establishment of such incentives, there probably will be difficult for ABS to contribute substantially to conservation of biodiversity. Pathak, Anitha Ramanna Access to Genetic Resources and ‘Rings of Protection’ in Indian Shrimp Aquaculture FNI Report 5/2012. Lysaker, FNI, 2012, 30 p. > Download full-text version (PDF) This study examines the global and national factors affecting India’s policy on access and rights in relation to the shrimp sector. Shrimp aquaculture in India has witnessed recent changes that illustrate the complexities involved in establishing a framework for importing improved breeding material, and ensuring access to aquatic genetic resources. Historically, the shrimp sector in India has been mainly based on public sector led investments along with the private sector involvement for increasing production, and developing and widely disseminating material, rather than creating proprietary products. This structure is undergoing changes with the Government of India’s recent steps to acquire improved material and to permit import of an exotic species. In tune with global trends, foreign companies are using biological and technological strategies (‘rings of protection’) rather than IPRs to protect their materials in India. This study finds that although stakeholders do not currently perceive the implications of such structural and legal shifts, restrictions on access could pose a real challenge to the Indian shrimp sector. Dependence on imported material, monopoly situations, future demands for IPRs, greater privatization and commercialization are outlined as factors that could restrict access to resources for stakeholders. This study points out the implications of international developments with regard to access and rights, and outlines various policy options that India could pursue to balance rights and access to aquatic genetic resources. Fauchald, Ole Kristian and Lars H. Gulbrandsen 'The Norwegian Reform of Protected Area Management: A Grand Experiment with Delegation of Authority?' Local Environment, Vol 17, No 2, 2012, pp. 203-222. > Purchase the original article here In 2009, the Norwegian Storting (Parliament) decided to embark on a reform of the governance of protected areas. The reform establishes more than 40 local management boards with extensive decision-making authority over much of Norway’s protected areas. The boards have management authority over clusters of national parks, protected landscapes, and nature reserves. The reform was initiated in a situation of considerable conflict regarding protected areas and where the environment to be protected was deemed threatened in over one-third of the cases. This article examines the implementation of the reform and discusses the implications for the balance between local user interests and long-term environmental interests, finding that the reform is likely to reduce conflict levels and increase the weight given to local user interests. Policy measures are suggested for strengthening long-term environmental interests and issues for further research are identified. Rosendal, Kristin and Peter Johan Schei 'Convention on Biological Diversity: From National Conservation to Global Responsibility' In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 119-133. > More information about the book at the publisher's website The loss of biodiversity is estimated at about 100 times the natural background rate, i.e. without human intervention. This loss affects the great range of ecosystem services such as local/regional water and climate regulation, soil protection, pest control and crop pollination in addition to the provision of food, fodder, and building and biotechnological materials as well as cultural, spiritual, recreational and other intrinsic values of biodiversity. The main bulk of terrestrial biodiversity is found in tropical areas and the financial mechanism of the Convention on Biological Diversity (CBD) represents an acknowledgement that developing countries cannot carry the full costs conservation of biodiversity. The CBD tries to balance conservation, access and equitable sharing of benefits from use of genetic resources, and legal protection (patents) to biological material. The development of modern biotechnology has brought about a need for - and the application of - patents. Biotechnology made it possible to fulfil the legal patent criteria for inventions involving biological material, but it has proved difficult to provide similar legal protection of the traditional knowledge about these resources. Without progress on the equity dimension to boost the legitimate will in developing countries, the goals for biodiversity conservation can hardly be successfully implemented. This necessitates compatible legislation on access & benefit sharing in user countries in the North. An overall explanation of the lack of implementation of the CBD, also in a rich country like Norway, is lack of political will, lack of compatible regulations on access and benefit sharing, and insufficient financial resources for conservation. As long as biodiversity is not included in the general economy, the concern for biodiversity is unlikely to find sufficiently strong allies against economical and industrial interests in land use change. Conservation of biodiversity will be costly, in Norway as well as in other parts of the world. It is problematic that the value of diversity through ecosystem services is still taken for granted in most resource budgets. Andersen, Regine 'The Plant Treaty - Crop Genetic Diversity and Food Security' In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 134-150. > More information about the book at the publisher's website This chapter presents the International Treaty on Plant Genetic Resources for Food and Agriculture. It starts with pinpointing the problems that the Treaty was set out to solve, in particular genetic erosion and regulations reducing access to, and sustainable use of, crop genetic resources. It then proceeds to the story of the Treaty negotiation. The Treaty builds on a previous International Undertaking on Plant Genetic Resources and has been further developed according to a resultion adopted together with the text of the Convention on Biological Diversity in 1992. Also interaction with other international agreements played a role. The contents of the Treaty are elaborated in the chapter, with emphasis on its provisions on conservation, sustainable use, farmers' rights, and access and benefit sharing. Finally, its implementation and impact are assessed. Despite serious financial constraints, substantial progress has been made, in particular with ex situ conservation and the facilitation of access to genetic resources. Also, some progress can be noted with regard to benefit sharing and farmers' rights. Little progress has been achieved for in situ conservation and sustainable use of crop genetic resources. The chapter concludes that the Treaty has everything needed to reverse the negative trends regarding crop genetic resources, if it were implemented according to the intentions. Whether the international community will make use of this unique opportunity depends on political will. Gulbrandsen, Lars H. 'International Forest Politics: Intergovernmental Failure, Non-Governmental Success?' In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 151-169. > More information about the book at the publisher's website This chapter first explains how deforestation and forest degradation are grave local, national, and global environmental problems. Forests contribute to the global public good of biodiversity conservation. Forests provide a number of ecosystem services, including wildlife habitats, erosion control, water filtration, and carbon sequestration. Forests can also be harvested to provide a diversity of private goods such as timber, rubber, nuts, and fruits. The misalignment of public and private interest has impeded environmental protection efforts and resulted in deforestation and global forest degradation. The chapter next details the evolution of international cooperation on forest policies and how the failure to agree on a global forest convention resulted in the formation of non-state forest certification schemes. These schemes, based on market support rather than traditional public authority, have emerged in recent years to become an innovative venue for standard-setting and governance in the environmental realm. Andersen, Regine Plantemangfold i jordbruket og bønders rettigheter i Norge ('Plant Genetic Diversity and Farmers’ Rights in Norway') FNI Report 11/2011. Lysaker, FNI, 2011, 116 p. In Norwegian. > Download full-text version (PDF) > English version This report takes the International Treaty on Plant Genetic Resources for Food and Agriculture as a point of departure and analyses achievements, gaps and needs with regard to its implementation in Norway, with focus on its provisions on farmers' rights. Allthough much of the crop genetic diversity has been lost in Norway, substantial efforts are made to save what is left, and to ensure farmers’ rights. The plant variety and seed marketing regulations provide some of the barriers in this work, but much depends on how they will be implemented in the time to come. Traditional knowledge is disappearing, despite efforts to stop this. A consolidated strategy for this purpose is lacking. Economic incentive structures are not yet in place, except for some ‘seed money’, and thus most of the work is based on pure idealism. Farmers invovled in crop genetic diversity could participate better in decision making if they were better organized. The hearing system is seriously challenged by the EEA-memebership, due to a high ‘turn-over’ of decisions to be implemented at the national level, lack of transparency, and since norwegian opinions have little to say against decisions from the EU. To have a say in these matters, it is probably more useful to link up with European organizations involved in the issue. Nevertheless, much has happened during the past years which support the realization of farmers’ rights and enhances the crop genetic diversity available to farmers. Tvedt, Morten Walløe and Ole Kristian Fauchald 'Implementing the Nagoya Protocol on ABS: A Hypothetical Case Study on Enforcing Benefit Sharing in Norway' The Journal of World Intellectual Property, Vol 14, No 5, 2011, pp. 383-402. > Download pre-print version here, or purchase the original article here In October 2010, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising From Their Utilization (NP) was adopted at the Conference of the Parties (COP-10) of the Convention on Biological Diversity (CBD). The NP establishes rules on measures to be taken by user countries in the context of access and benefit sharing (ABS). The future success of ABS as embedded in CBD and the Nagoya Protocol depends on their implementation at a national level. The binding rules of CBD and NP have in common that they need to be transformed into national legal and political contexts to establish a functional system for ABS. This article addresses measures that are needed in the international regime to secure adoption and implementation of user-country measures which are compatible with provider-country legislation. It analyses one current example of user-country legislation: the recently adopted Norwegian legislation, for the purpose of finding options for and obstacles to implementing obligations in the CBD and the NP in national law and in actual practice. One part of the ABS challenge is that obligations in the CBD and the NP apply to states, whereas the actual users of genetic resources are mostly private or public enterprises: companies, universities or other institutions. Despite showing a promising start, far from all challenges of a functional ABS system are solved. Tvedt, Morten Walløe A Report from the First Reflection Meeting on the Global Multilateral Benefit-Sharing Mechanism FNI Report 10/2011. Lysaker, FNI, 2011, 18 p. > Download full-text version (PDF) This FNI Report summarizes the outcome of the deliberations and discussions as a first pre-preliminary discussion on the need for and modalities of a Global Multinational Benefit-sharing Mechanism. These deliberations took place during days in late March 2011, at the Fridtjof Nansen Institute, according to Chatham House rules. The discussions were in no way meant to lead to any agreement or pre-determine and pre-empt the official deliberations on this issue which are scheduled to take place during the second meeting of the Open-ended Ad Hoc Intergovernmental Committee for the Nagoya Protocol on ABS (ICNP-2) in 2012. One important finding concerns the time-perspective and the overall approach to the development of a mechanism. It was suggested that the modalities of such a benefit-sharing mechanism (BsM) could employ a step-by-step approach, beginning with the identification of common ground of consensus for parts of a mechanism. A methodology of seeking common ground for developing the ideas of a global mechanism might prove helpful for countries when exploring a potential design for the mechanism. At the reflection meeting the background for the mechanism was outlined as to capture ABS situations not already contributing to the conservation and sustainable use through contracts as is generally assumed. Several possible needs for a mechanism were explored; each of these would probably require separate discussions of their corresponding modalities if the rationale were identified and agreed upon by parties at the second ICNP or later. Overall questions raised were whether contributions should be voluntary or mandatory; whether benefits would be shared from private and/or public sectors; and whether they should be financial and/or non-financial. The main questions regarding the recipient-side discussed were: For what purpose monetary benefits shared through the mechanism may be used; who will select beneficiaries (governance of the mechanism). Although consensus was not the aim, nor achieved, there was a constructive and explorative spirit during the two days of discussion. Tvedt, Morten Walløe Seeking Appropriate Legislation Regulating Access and Exclusive Rights to Forest Genetic Resources in the Nordic Region FNI Report 9/2011. Lysaker, FNI, 2011, 47 p. > Download full-text version (PDF) The Nordic region is characterised by a simple and non-bureaucratic exchange of forest genetic resources (FGR) between countries, which generally is strongly associated with the Everyman's right within the countries. The smooth regime for international exchange of FGR is regarded as very valuable for the forestry sector across the country borders, as it secures access to seeds and breeding materials. At the same time the status of the FGR has not been defined in domestic legal regimes. If FGR follow the development for crop plants, private property rights may be influential, which in turn may impede exchange of FGR across borders. Thus, the general background for addressing access and rights to FGR is the tension between the great ecological, monetary and social value of FGR and the fact that the legal status of the FGR has not been defined. The aims of this Report are the following: Describe the present situation as regards access and rights to FGR in the individual Nordic countries. i) Identify issues and developments in international law that could negatively affect the present situation. Ii) Explore the legal status for breeding as a process and breeding materials with emphasis on patenting and recent developments in patent legislation. Iii) Address relevant case studies in which patenting is needed for commercialisation and how this could be combined with the general open exchange system. Iv) Explore the relevance of plant breeders’ rights (UPOV) to the forest tree sector, and v) give applicable and relevant recommendations for decision makers as regards future challenges and FGR. If significant undesirable developments can be foreseen, legal steps to meet this should be suggested, given the premise that the Nordic countries wish to maintain the non-bureaucratic system as regards access and rights to FGR. The main finding is that no crucial problems have been identified regarding ownership, access or exchange of FGR. There is a growing body of regulations at global and European regional levels, which is being implemented at national levels. Currently, patents have neither been a strong incentive for the forest sector nor entailed important obstacles for innovation in the field. Rosendal, G. Kristin and Steinar Andresen 'Institutional Design for Improved Forest Governance through REDD: Lessons from the Global Environment Facility' Ecological Economics, Vol 70, No 11, 2011, pp. 1908-1915 > Purchase article or download full-text post-print version This contribution focuses on carbon mitigation and biodiversity conservation in the context of the UN initiative for Reduced Emissions from Deforestation and forest Degradation in Developing countries (REDD). The design of REDD is important as it may channel much of the international funding that will potentially be made available for future environmental problem-solving in developing countries. The most important multilateral environmental funding mechanism is the Global Environment Facility (GEF). With its basic structural similarity to the emerging REDD, it provides a good starting point for drawing lessons relevant to the design of REDD. In explaining GEF priorities and performance we discuss the role of key actors as well as the organizational and institutional structure of GEF. These factors do not encourage coalitions for addressing environmental problems in the poorest countries. The institutional setting of REDD in the Convention on Climate Change may further exacerbate this trend, as neither conservation nor socioeconomic concerns like the rights and well-being of indigenous peoples and local communities are addressed. Rosendal, G. Kristin 'Biodiversity Protection in International Negotiations: Cooperation and Conflict' In Shlomi Dinar (ed), Beyond Resource Wars: Scarcity, Environmental Degradation, and International Cooperation. Cambridge (USA), The MIT Press, 2011, pp. 59-86. > For orders and more information, see The MIT Press' website The paper discusses the Convention on Biological Diversity (CBD), with its comprehensive approach to biodiversity protection at all levels and sectors. Beyond biodiversity loss and value, an examination of the other factors that hampered and facilitated the CBD negotiations and outcome is also provided. Multiple levels of power asymmetries and controversies and evolving political norms and principles, for example, were crucial to understanding the final negotiated outcome of the CBD. The final part of the chapter looks beyond the cooperative solution and dwells on the access and benefit sharing (ABS) issue in the implementation phase. While the ABS issue can be seen as a great success for cooperation at the normative level (the CBD, likewise, contains important elements on how to deal with the ABS conflict in principle), implementation has been difficult. Asymmetries remain a stumbling block, power is often an important component in decision making, and cooperation is far from accomplished in day-to-day policy. Andersen, Regine and Tone Winge 'Linking Community Seed Banks and Farmers’ Rights' In Banking for the Future: Savings, Security and Seeds. Oslo, Development Fund, 2011, pp. 5-7. This short chapter discusses the relationship between community seed banks and Farmers' Rights and how such seed banks might contribute to the realization of Farmers' Rights. It is argued that community seed banks might be seen as a type of benefit sharing, but that scaling up is necessary for such projects to have real impact on farmers. Tvedt, Morten Walløe Norsk genressursrett ('Norwegian Gene Resource Law') Oslo, Cappelen Akademiske Forlag, 2010, 380 p. In Norwegian. > For more information and orders, see Cappelen Akademiske Forlag's website > See related FNI News article "Norsk genressursrett" ("Norwegian Gene Resource Law") is the first monograph on law regulating rights to and use of genetic resources in Norway. Genetic resources is an area with large possibilities for development of new products of high value. This research draws upon various areas of law related to biology, such as rights (private property rights, commons and intellectual property rights), public administrative law, international law, international trade law, EU law, environmental law and constitutional law. It deals with questions relevant for biology and biotechnology. This area of law is marked by rapid and ongoing changes in the legal situation. The large economic potential of the field underscores the importance of law regulating rights to these resources. This volume forms a first step in a series dealing with similar legal issues globally and in other national jurisdictions. Ponzoni, Raul W., Hooi Ling Khaw and Hoong Yip Yee GIFT: The Story Since Leaving ICLARM (now known as The WorldFish Center). Socioeconomic, Access and Benefit Sharing and Dissemination Aspects FNI Report 14/2010. Lysaker, FNI, 2010, 47 p. > Download full-text version (PDF) The aim of the overall project of which this report is part is to identify possible solutions for regulating access to aquatic genetic resources and legal protection of the results of research and development in aquaculture using such resources. The case study of the collaborative program on Genetic Improvement of Farmed Tilapias (GIFT) serves as a basis for comparison with two other case studies from Norway on salmon and cod. This study aims to address the following questions: How has the legal regime for GIFT material developed since leaving WorldFish? How has this affected the use and dissemination of GIFT material by the aquaculture sector (private and public sectors)? How has the transfer from WorldFish affected access and benefit sharing of GIFT material? And what are the effects on further developments and innovation of this breeding material? The report concludes that there is no doubt that the GIFT project has had an impact world-wide. Both the technology and the genetically improved fish have been widely distributed and are now known. Whereas we believe that it is fair to say that in many instances the improved fish have reached and benefitted the poor, it is also an area where gross mistakes were made. Such mistakes separated events from a path that could have benefitted the poor much more. The first miscalculation was to assume that GIFT Foundation International Inc. (GFII) was going to rapidly become financially self-reliant and that it did not require further support. This mistake led to another, even greater error of judgement, the alliance between GFII and GenoMar, whereby the latter profit oriented company obtained the right to breed and market GIFT. This decision brought about a change of focus of GFII from breeding and dissemination of GIFT fish to poor and small scale farmers to meeting the business objectives of GenoMar instead. Olesen, Ingrid, Anne Ingeborg Myhr and G. Kristin Rosendal 'Sustainable Aquaculture: Are We Getting There? Ethical Perspectives on Salmon Farming.' Journal of Agricultural and Environmental Ethics, Vol 24, No 4, 2011, pp. 381-408. > Purchase the article here Aquaculture is the fastest growing animal producing sector in the world and is expected to play an important role in global food supply. Along with this growth, concerns have been raised about the environmental effects of escapees and pollution, fish welfare, and consumer health as well as the use of marine resources for producing fish feed. In this paper we present some of the major challenges salmon farming is facing today. We discuss issues of relevance to how to ensure sustainability, by focusing on animal production systems, breeding approaches, sources for feed ingredients, and genetic engineering strategies. Other crucial issues such as animal welfare, environmental quality, and ethics are elaborated with regard to relevance for the sustainability of aquaculture. Additionally, we comment on socio-economic distributive implications by intellectual property rights (IPR) strategies on access to genetic material and traceability. To improve sustainability of salmon farming we suggest that there is a need for new approaches to guide research, for identification of ethical issues, and for engaging stakeholders in resolving these challenges. Samndong, Raymond Achu ABS Capacity Development Initiative for Africa: The Case of Prunus Africana in Cameroon FNI Report 11/2010. Lysaker, FNI, 2010, 28 p. > Download full-text version (PDF) This paper provides some information and knowledge on Prunus africana as a case study of ABS capacity development. As a desk study, the paper discusses the intrinsic medicinal value of Prunus, its importance to the livelihoods of the locals and identifies local strengths as well as shortcomings in the existing ABS agreement related to Prunus in Cameroon that are important in the ongoing negotiation process of the international ABS regime. The case study draws attention to the gap that exists between genetic resources and biological resources in the ABS component of the CBD, and its implications regarding the negotiation process of the ABS regime. Rosendal, G. Kristin Analytical Framework for Analysing Experiences from Case Studies of ABS in Africa FNI Report 7/2010. Lysaker, FNI, 2010, 11 p. > Download full-text version (PDF) In this report we describe the methodologies we used to bring forth insight regarding success factors for establishing and implementing appropriate ABS legislation in African countries. We point out some empirical limitations as to what such studies may cover, and describe some of the variety of cases that we deem appropriate. We assume that there may be important lessions to learn from picking cases from a variety of sectors. We are therefore more concerned with drawing lessons from various sectors than with regional representation. The questionnaire we developed includes and highlights factors central to describing will and ability to implement: in terms of institutional capacity, and relationship between science and policy, in addition to the contractual environment presented by external actors that may act as drivers or barriers. By way of evaluating the 'goal achievement/ degree of successful implementation', we base this partly on stakeholders' own perceptions and in addition we will include our own standards for measuring success. These standards are tied to the three-fold objectives of the CBD: conservation, sustainable use and equitable sharing. Rosendal, G. Kristin Access to and Benefit Sharing of Genetic Resources in Cameroon: Legal and Institutional Developments and Challenges FNI Report 8/2010. Lysaker, FNI, 2010, 29 p. > Download full-text version (PDF) This study aims to uncover specific and general needs as well as provide insight regarding success factors for establishing and implementing appropriate ABS legislation in Cameroon. The main focus is on providing insight regarding successful institutional designs and effective capacity building for handling ABS issues. The methodology applied in this report is partly document analysis, as we look into the most central as well as draft legal framework on ABS legislation in Cameroon. The main body of our empirical data material for the report has been, however, accessed through interviews. In our interviews we asked key actors to pinpoint specific barriers to ABS policy and legislation. Institutional factors could involve coordination between various sector ministries and other interests, and the domestic distribution of authority between central and local level providers of genetic resources. Moreover, we asked whether the actors saw established institutions as being able to monitor permits to prospect genetic material as well as to develop taxonomic studies and inventories to increase knowledge about the country's biodiversity. This latter aspect relates to how science and policy interact in the decision-making process on ABS. Finally, we investigated perceptions concerning the relationship between domestic and external actors in establishing bioprospecting deals. Tvedt, Morten Walløe and Olivier Rukundo Functionality of an ABS Protocol FNI Report 9/2010. Lysaker, FNI, 2010, 25 p. > Download full-text version (PDF) The present study is an analysis of the draft Protocol on Access and Benefit Sharing which came into being after the deliberations of the resumed Ninth Meeting of the Ad Hoc Open-ended Working Group on Access and Benefit sharing which took place in July 2010 in Montreal. The study examines a range of contentious issues where disagreement has prevailed among negotiating parties and regional groups, with a view to providing a legal analysis of the state of play of the negotiations. It is our hope that this can contribute to a better technical understanding of some of the issues at the core of the negotiations and assist in the preparations for the last round of negotiations before the adoption of the Protocol. The idea is to share our perspectives on where negotiations stand at this juncture. The aim is to offer some thoughts as to how certain provisions of the draft Protocol can be dealt with in view of ensuring that the Protocol will effectively contribute to the fulfilment of the third objective of the CBD. The provisions of the Protocol, as they currently stand, will not be conducive to the fair and equitable sharing of benefits unless the wording can be further clarified to ensure that the Protocol will be implemented into national legislation and that it will in fact have legal effect on users of genetic resources. Particular attention is given to issues related to the scope, utilisation, and relationship of the prospective Protocol with other international instruments, pathogens and elements at the nexus between access and compliance. Schei, Peter Johan and Morten Walløe Tvedt 'Genetic Resources' in the CBD: The Wording, the Past, the Present and the Future FNI Report 4/2010. Lysaker, FNI, 2010, 24 p. > Download full-text version (PDF) This report, ‘Genetic Resources’ in the CBD: The Wording, the Past, the Present and the Future, aims at contributing to the development of an International Regime on Access and Benefit Sharing (ABS) by clarifying the concept of ‘genetic resources’ as it has emerged and keeps evolving. This is done particularly in light of the new knowledge and understanding developed in genomics and proteomics since 1992, the establishment of ex situ collections of genetic material and data bases of genetic information, the emerging global markets for these resources, and recent developments in modern biotechnology, biochemistry and synthetic biology. It takes a look at several examples of different ways in which the term ‘genetic resources’ is used in other international arenas than the CBD. The concept ‘genetic resources’ seems to be a dynamic one which has potential to grasp the changing knowledge and technology. This report has also been published as Information Document UNEP/CBD/WG-ABS/9/INF/1 at the 9th meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing (WG ABS 9) in Cali, Colombia, 22-28 March 2010. Andersen, Regine, Morten Walløe Tvedt, Ole Kristian Fauchald, Tone Winge, Kristin Rosendal and Peter Johan Schei International Agreements and Processes Affecting an International Regime on Access and Benefit Sharing under the Convention on Biological Diversity: Implications for its Scope and Possibilities of a Sectoral Approach FNI Report 3/2010. Lysaker, FNI, 2010, 47 p. > Download full-text version (PDF) Intended as a contribution to the ongoing negotiations of an international regime on access and benefit sharing (ABS) under the Convention on Biological Diversity (CBD), this report clarifies the main interfaces with other international agreements and processes relevant for ABS, with a view to the challenges of ensuring mutual supportiveness. It provides information of importance for identifying the scope of an international ABS regime, and offers contributions to the discussion of the usefulness and possible design of a sectoral approach to ABS within the framework of an international regime. Covered in the report are international agreements and processes pertaining to genetic resources for food and agriculture; marine areas within and beyond national jurisdiction; pathogens; traditional knowledge related to genetic resources; and intellectual property rights. For each section, the interface with ABS is identified, implications of this interface for ABS are highlighted, and options for dealing with these implications derived. The report ends with a discussion of the usefulness and possible design of a sectoral approach to ABS, concluding that there are good arguments for a broad and inclusive international regime on ABS, but that its usefulness will depend on its ability to meet the specific requirements of the various sub-categories of genetic resources. Tvedt, Morten Walløe and Tomme Young Au-delà de l'accès: l'application du partage juste et équitable des avantages en vertu de la CBD ('Beyond Access: Exploring Implementation of the Fair and Equitable Sharing Commitment in the CBD') Gland (Switzerland), IUCN, 2009, xxii + 151 p. In French > Download the book (PDF) This book is a French translation of Beyond Access: Exploring Implementation of the Fair and Equitable Sharing Commitment in the CBD. Young, Tomme R. and Morten Walløe Tvedt Balancing Building Blocks of a Functional ABS System FNI Report 7/2009. Lysaker, FNI, 2009, 66 p. > Download full-text version (PDF) > Download presentation flyer for the report The Ad Hoc Working Group on Access and Benefit Sharing under the CBD aims to propose a system for ABS to the CBD COP-10. Based on the current draft, this report seeks to identify a set of key components ("building blocks") of ABS that can help make the regime both balanced and "legally certain" (functional and implementable) at both an international and a national level. It defines legal certainty as one of the core criteria for a functional system and sets forth concrete legal proposals for elements in order for the system to achieve this virtue. As one key example, it examines the meaning of the Article 15 phrase "utilization of genetic resources" and the practical relationship between this phrase and the user's obligation to share a fair and equitable proportion of benefits arising from that use with the provider. Andersen, Regine Norwegian Plant Variety Protection and Seed Laws: Lessons for South Asian Countries Trade Insight, Vol 5, No 1, 2009, pp. 12-14. The article explaines the key features of common regimes on plant variety protection, variety release and seed marketing and shows how these regimes are being introduced in developing countries through international, regional and bilateral trade agreements. The effects on farmers' rights related to crop genetic diversity is highlighted, and implications for the management of these resources elaborated. The case of Norway is presented as an illustration of alternative paths to plant variety protection and seed laws. The article finally derives lessons of relevance for South Asian countries. Failure to protect farmers' rights in plant variety protection and seed laws would be a recipe for disaster for food security and biodiversity management for the majority of farming communities in South Asia. Andersen, Regine Information Paper on Farmers' Rights Submitted by the Fridtjof Nansen Institute, Norway, based on the Farmers' Rights Project Information Papers for the Third Session of the Governing Body of the ITPGRFA. IT/GB-3/09/Inf. 6, Add. 3. Rome/Tunis, The Secretariat of the ITPGRFA, 2009, 31 p. > Download full-text version (PDF) Resolution 2/2007 of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture encourages contracting parties and relevant organizations to submit their views and experiences on the implementation of Farmers' Rights, as set out in Article 9. This input paper is the contribution of the Fridtjof Nansen Institute, based on the results of its international Farmers' Rights Project. The input paper summarizes our knowledge to date on views and experiences with the implementation of farmers' rights globally, noting existing gaps and needs, and presenting recommendations on possible actions for the Governing Body. After a brief introduction on why farmers' rights matter and presentation of the research and other activities of the Farmers' Rights Project, the paper proceeds to views on the contents of farmers' rights and experiences with their realization to date. It further outlines various avenues towards systemic implementation of farmers' rights according to needs and priorities at the national level. Finally, remaining gaps and needs are identified and recommendations for the Governing Body presented. Tvedt, Morten Walløe and Peter Johan Schei (with chapter 6 by Marbank) Den rettslige situasjonen for MARBANK og andre marine biobanker i Norge ('The Legal Status for MARBANK and Other Marine Biobanks in Norway') FNI Report 6/2009. Lysaker, FNI, 2009, 50 p. > Download full-text version (PDF) This study examines the field of marine biobanks - Norway’s Marbank in particular - in terms of current legislation and practice, as well as de lege ferenda analyses. The focus is on four main issues: 1) material intended for the bank; 2) collector’s rights concerning the biological material; 3) recommendations as to activities to be undertaken by the biobank while the material is there; 4) legal questions arising from withdrawal of the material from the biobank. In order to create legal predictability for commercial users of a marine biobank, it is important establish clear routines for the collection of material, especially in terms of: a) any rights that may pertain to the material in question; and b) whether the material has been obtained legally. Moreover, clarification of the latter point is legally required in order to comply with the requirement concerning information in §60 of the Law on Natural Diversity (naturmangfoldloven). The biobank will need to make clear which - if any - rights those depositing material in the biobank are entitled to. From the perspective of the authorities it is especially important to regulate what will happen to a collection if the activity of the biobank should be discontinued. As long as the biobank remains operative, the main question concerns responsibility for ensuring that the material is not lost or damaged. One strong motivating reason for establishing a biobank is the desire to make marine biological material available for all types of research and development. Having simple routines and regulations for access to the collection should make matters easier for users. Further, there should be routines concerning obligatory accompanying information on source country, land of origin, and whether the material has been legally obtained, for genetic material collected in areas outside Norwegian jurisdiction. Finally, it should be borne in mind that predictability and accountability are central factors for commerce and industry. Myhr, Anne Ingeborg and G. Kristin Rosendal 'GMO Assessment in Norway: Societal Utility and Sustainable Development' EMBO Reports, Vol 10, No 9, 2009, pp. 2-3. > Access full-text version (subscribers only) The report assesses how applications for marketing of GMOs fulfil the criteria of sustainable development and societal utility in the Norwegian Gene Technology Act. GMO legislation in Norway is closely linked to that of the EU through the Agreement on the European Economic Area (EEA). There are many similarities both regulatory and in practice between Norway and the EU in GMO assessments. Norway and the EU put more or less equal regulatory weight on the criteria of ethics, health and environment. In practical policy, EU approval processes have ended in deadlock fourteen times in a row since the end of the informal moratorium in 2004, commercially grown GM crops remain banned, and there is still controversy among EU member states with regard to GM crops. A major difference stemming from the legal requirements in Norway concerns health and environmental effects in countries where GMOs are grown, often in developing countries. Final results of the GMO assessments are still uncertain and pending, with huge piles of applications waiting both in the EU and Norway. This article is a refined and condensed version of the report GMO Assessment in Norway as Compared to EU Procedures: Societal Utility and Sustainable Development published by the Norwegian Directorate for Nature Management. Myhr, Anne Ingeborg and G. Kristin Rosendal GMO Assessment in Norway as Compared to EU Procedures: Societal Utility and Sustainable Development DN Evaluations 2-2009. Trondheim, Norwegian Directorate for Nature Management, 52 p. > Download the report The overall mandate of the study was to assess how and to what extent marketing applications for GMOs fulfil the criteria of sustainable development and societal utility in the Norwegian Gene Technology Act. The authors identified four objectives: a) elaborate how the Norwegian authorities can use the procedures implemented in the EU system; b) discuss how the concepts of sustainable development and societal utility can be applied in a broader sense; c) evaluate the information provided in two given GMO marketing applications, with a focus on the adequacy of the supplemented information; and d) develop recommendations concerning the assessment of sustainable development and societal utility. The report is based on a desk study of available literature and documentation. Olesen, Ingrid, G. Kristin Rosendal, Morten Rye, Morten Walløe Tvedt and Hans B. Bentsen 'Who Shall Own the Genes of Farmed Fish?' In Hagen, I.J. and T.S. Halvorsen (eds), Global Privatization and Its Impact. Hauppauge (USA), Nova Science Publishers, 2009, pp. 103-113. > Download the chapter from the publisher's website A central socio-economic challenge in fish breeding arises from issues relating to access and exclusive rights to genetic resources. Breeding companies need legal or biological protection measures to assure revenues from genetic improvement and investment in genetic material. Fish farmers and breeders need access to genetic resources for food production and further development and sustainable use of fish genetic material. This study brings together perspectives based on international and domestic legal processes with the needs and perceptions of actors in the aquaculture sector. Awareness among actors of international regulation of genetic resources, as well as evolving structures within the aquaculture sector, will affect choices of protection and the scope for access to fish genetic resources. We found discrepancy between the knowledge of farmers and breeders with respect to access and legal rights to genetic resources and the actual possibilities and limits offered by present and future legislation. Our respondents wanted a balance between access to breeding material and protection of own innovations in fish breeding. Furthermore, there was an emerging realisation among the breeders that the value of improved breeding material is invariably underestimated, leaving the farmers to reap most of the added value from fish breeding. Andersen, Regine and Tone Winge The Plant Treaty and Farmers' Rights: Implementation Issues for South Asia SAWTEE Discussion Paper. Kathmandu (Nepal), South Asia Watch on Trade, Economics & Environment (SAWTEE), 2009, 48 p. > Download the report This discussion paper looks into the contents of the Plant Treaty with a particular focus on Farmers’ Rights. The paper also looks at the challenges from other international agreements such as the CBD, the TRIPS Agreement and UPOV; the state of negotiations with regard to Farmers’ Rights; and prospects for their realization in developing countries in general and South Asia in particular. In addition, as India's law on plant variety protection and Farmers’ Rights is an example of the most advanced legal recognition of Farmers’ Rights at the national level, the paper also analyses various issues concerned with this Act before deriving conclusion and recommendations with regard to options available for the realization of Farmers’ Rights. Scurrah, Maria, Regine Andersen and Tone Winge Los Derechos del Agricultor en el Perú: Las perspectivas de los agricultores. Estudio de antecedentes 8 ('Farmers' Rights in Peru: Farmers' Perspectives. Background Study 8') FNI Report 3/2009. Lysaker, FNI, 2009, 63 p. In Spanish. > Download full-text version (PDF) > Resumen en Español This report is a Spanish translation of FNI Report 16/2008. Tvedt, Morten Walløe, Magnus Finckenhagen and Nina Sæther 'Patenter og husdyravl – hva er mulighetene for avlsarbeidet og patentsøkerne' ('Patents and Animal Breeding – What Possibilities Are There for Breeding and the Patent Seekers?') In Fog, Megumi O. (ed): Husdyrforsøksmøtet 2009. Ås (Norway), Department of Animal and Aquacultural Sciences (Norwegian University of Life Sciences), 2009, pp. 219-221. In Norwegian. > Download article Patents were established to protect technical inventions, and patents on animal breeding were long assumed to be inconceivable. However, as biotechnological processes and methods are being developed and employed in commercial breeding, the question of patenting is becoming increasingly relevant. Process patents protect the process as well as the product. It is unproblematic as long as the products do not produce offspring, but when that happens, one must decide whether patent protection should apply for several generations and whether the offspring must be identical to its origin or may differ. This will be up to national courts to decide, but they must follow international guidelines, such as those given in the TRIPS agreement and the EU Biotechnology Directive. Norwegian breeders should take active part in the debate so that exemptions and special arrangements can be established where possible and desirable. Mäki-Tanila, Asko, Morten Walløe Tvedt, Hans Ekström and Erling Fimland Management and Exchange of Animal Genetic Resources – Nordic perspective Copenhagen, Nordic Council of Ministers, 2008, 81 p. This book is the result of the interdisciplinary project 'Legal framework for the rights and ex-change of animal genetic resources in the Nordic region'. The main concern of the book is to analyse the stakeholders' needs for legal framework and possibilities to assess the value of sales and exchange of genetic material of farm animals in the Nordic region; and the possible needs for framework and regulations related to animal breeding and animal genetic resources in a global context. The book identifies the main challenges and opportunities which the utilisation and conservation of animal genetic resources are facing today. It describes the differences between the plant and animal genetic resources and the implications from these, in particular from the perspective of whether a new Treaty on Animal Genetic Resources is needed. The book takes a clear Nordic perspective at international challenges and raises the questions from this standpoint. The breeding programmes are typically run by co-operatives and are based on extensive on-farm recording which includes many longevity traits. The book also offers an introduction to patenting in the animal breeding sector. There is a new trend also to patent typical animal breeding operations. The animal breeding branch itself recognises an urgent need for a discussion about how the general principles apply to the area of animal breeding and the needs for implementing special rules in this field. Rosendal, G. Kristin 'Convention on Biological Diversity' In Reinert, Kenneth A. and Ramkishen S. Rajan (eds): The Princeton Encyclopedia of the World Economy. Princeton (USA), Princeton University Press, 2008. > For orders and more information, see Princeton University Press' website The chapter on the CBD provides a brief history of the negotiations leading up to the Convention, the content of the Convention and some discussion of the outlook for its implementation. The background for the publication as a whole is how increasing economic globalization has made understanding the world economy more important than ever. From trade agreements to offshore outsourcing to foreign aid, this two-volume encyclopedia explains the key elements of the world economy and provides a first step to further research for students and scholars in public policy, international studies, business, and the broader social sciences, as well as for economic policy professionals. Scurrah, Maria, Regine Andersen and Tone Winge The Farmers' Rights Project – Background Study 8: Farmers' Rights in Peru: Farmers' Perspectives FNI Report 16/2008. Lysaker, FNI, 2008, 57 p. > Download full-text version (PDF) > Version Español The realization of Farmers’ Rights is crucial to the maintenance of Peru’s rich agro-biodiversity and for poverty alleviation. This report presents the perceptions and experiences of 180 farmers from various regions of the Peruvian Andes on issues related to Farmers’ Rights as they are addressed in the International Treaty on Plant Genetic Resources for Food and Agriculture. A series of regional workshops were held in the Andes from March to May 2008 to map the views, experiences and suggestions of farmers on the realization of Farmers’ Rights. Their views were presented at a national multi-stakeholder workshop in Lima in September 2008, where also central government institutions, NGOs, farmers’ organizations, as well as gene bank officials and breeders were represented. In this report the results from these workshops are presented and analyzed as to how they can form the basis for future policies on Farmers’ Rights in Peru. Central recommendations include documentation of traditional knowledge; the establishment of agro-biodiversity reserves; support to community gene banks, seed fairs and exchange visits; participatory research on traditional seed systems and participatory plant breeding; assistance in processing and marketing products made from traditional varieties; improved economic incentive structures for maintaining traditional crop varieties; and the establishment of pilot villages to bolster the conservation and exchange of genetic resources and traditional knowledge. Suggestions for activities to foster farmers’ participation in decision-making are elaborated as well as institutional questions on how to coordinate the realization of Farmers’ Rights. Andersen, Regine 'Plantetraktaten: Sortsmangfold og matsikkerhet' ('The Plant Treaty: Crop Genetic Diversity and Food Security') In Andresen, Steinar, Elin Lerum Boasson and Geir Hønneland (eds): Internasjonal miljøpolitikk ('International Environmental Politics'). Bergen, Fagbokforlaget, 2008, pp. 150-166. In Norwegian. > For orders and more information, see Fagbokforlaget's website This chapter presents the International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty) of 2001. Crop genetic diversity is the basis of all food production in the world and thus of food security at large as well as poverty alleviation in developing countries. However the diversity is dissappearing at fast pace and the proliferation of various types of legislation make access to, and use of, these vital resources increasingly more difficult. This is the background of the Plant Treaty. The objectives are the conservation and sustainable use of crop genetic resources and the equitable sharing of the benefits arising from their use. Central elements are the Multilateral System of Access and Benefit Sharing and provisions on the relealization of Farmers’ Rights, which is a precondition for farmers to maintain crop genetic resources in the fields. The Multilateral System is the furthest implemented component of the Treaty, whereas work on conservation and sustainable use of genetic resources and Farmers’ Rights is so far lagging behind. Initiatives are, however, underway. Norway has actively supported the negotiation and international implementation of the Treaty. At the national level the implementation is in the initial stages. However, Norway is in a good position to make achievements in this regard, as it has a small and cooperative seed industry, good economy and a conducive political environment. Rosendal, G. Kristin and Peter Johan Schei 'Konvensjonen om biologisk mangfold' ('The Convention on Biological Diversity') In Andresen, Steinar, Elin Lerum Boasson and Geir Hønneland (eds): Internasjonal miljøpolitikk ('International Environmental Politics'). Bergen, Fagbokforlaget, 2008, pp. 135-149. In Norwegian. > For orders and more information, see Fagbokforlaget's website The loss of biodiversity is estimated at about 100 times the natural background rate, i.e. without human intervention. This loss affects the great range of ecosystem services such as local/regional water and climate regulation, soil protection, pest control and crop pollination in addition to the provision of food, fodder, and building and biotechnological materials as well as cultural, spiritual, recreational and other intrinsic values of biodiversity. The main bulk of terrestrial biodiversity is found in tropical areas and the financial mechanism of the Convention on Biological Diversity (CBD) represents an acknowledgement that developing countries cannot carry the full costs conservation of biodiversity. The CBD tries to balance conservation, access and equitable sharing of benefits from use of genetic resources, and legal protection (patents) to biological material. The development of modern biotechnology has brought about a need for - and the application of - patents. Biotechnology made it possible to fulfil the legal patent criteria for inventions involving biological material, but it has proved difficult to provide similar legal protection of the traditional knowledge about these resources. Without progress on the equity dimension to boost the legitimate will in developing countries, the goals for biodiversity conservation can hardly be successfully implemented. This necessitates compatible legislation on access & benefit sharing in user countries in the North. An overall explanation of the lack of implementation of the CBD, also in a rich country like Norway, is lack of political will, lack of compatible regulations on access and benefit sharing, and insufficient financial resources for conservation. As long as biodiversity is not included in the general economy, the concern for biodiversity is unlikely to find sufficiently strong allies against economical and industrial interests in land use change. Conservation of biodiversity will be costly, in Norway as well as in other parts of the world. It is problematic that the value of diversity through ecosystem services is still taken for granted in most resource budgets. Gulbrandsen, Lars H. 'Internasjonal skogpolitikk: Fra stat til marked' ('International Forest Politics: From Public to Privat Sector Initiatives') In Andresen, Steinar, Elin Lerum Boasson and Geir Hønneland (eds): Internasjonal miljøpolitikk ('International Environmental Politics'). Bergen, Fagbokforlaget, 2008, pp. 168-185. In Norwegian. > For orders and more information, see Fagbokforlaget's website This textbook chapter first explains how deforestation and forest degradation are grave local, national, and global environmental problems. Forests contribute to the global public good of biodiversity conservation. Forests provide a number of ecosystem services, including wildlife habitats, erosion control, water filtration, and carbon sequestration. Forests can also be harvested to provide a diversity of private goods such as timber, rubber, nuts, and fruits. The misalignment of public and private interest has impeded environmental protection efforts and resulted in deforestation and global forest degradation. The chapter next details the evolution of international cooperation on forest policies and how the failure to agree on a global forest convention resulted in the formation of non-state forest certification schemes. These schemes, based on market support rather than traditional public authority, have emerged in recent years to become an innovative venue for standard-setting and governance in the environmental realm. The last section of the chapter examines how international forest processes, both public and private, have influenced forest protection and forest policies in Norway. The chapter concludes that although Norwegian forest policies are increasingly shaped by international processes, national forestry authorities and forestry interest still have significant influence over domestic policies. G. Kristin Rosendal 'Interpreting Sustainable Development and Societal Utility in Norwegian GMO Assessments' European Environment, Vol 18, No 4, 2008, pp. 243-256. > Download full-text post-print version (PDF) or access the definitive version here (subscribers only) This article examines the process of assessing applications for genetically modified (GM) crops or plants for import or commercial planting in Norway. GMO legislation in Norway is closely linked to the EU through the Agreement on the European Economic Area (EEA), to which Norway is a party. A central difference with the EU processes is emanating from specific clauses in the Norwegian Gene Technology Act on ‘sustainable development’ and ‘societal utility’, which provide a potentially wider leverage for Norwegian authorities to turn down the applications. Research material indicates evidence of an increasingly restrictive practice in the Norwegian evaluations; raising the question of how this can be explained in the face of increasing global acceptance of GMOs. A related question is to what extent and how this result is affected by the trends in the EU. An increasingly restrictive practice may be explained by changes in the access structure to the evaluating body, or it may be due to learning and a growing acceptance of the precautionary principle in this sector. Third, a higher number of rejections may largely be associated with the interest structure pertaining to GMOs in Norway. Final decisions are pending and there are uncertainties concerning how Norwegian authorities will apply the specific criteria of the Gene Technology Act. Tvedt, Morten Walløe and Magnus Finckenhagen 'Scope of Process Patents in Farm Animal Breeding' Journal of World Intellectual Property, Vol 11, No 3, 2008, pp. 203-228. > Download full-text post-print version, or purchase the original article here The number of process patent applications concerning farm animal breeding is growing rapidly. Patent law is general in form and is seldom adapted to specific areas of innovation. It was initially created for the purpose of granting exclusive rights to technical inventions; and it was taken for granted that higher animals, food production and pharmaceuticals were too important for mankind to be included under exclusive private rights. Today, with patent law increasingly used in the animal sector, the question arises: how will the law apply to this particular field of innovation? The degree of legal uncertainty is particularly high since it is not clear how the courts of various countries will apply the general law to this particular field. Patent law has potential to alter the existing legal conditions for competition and investments in the field of animal breeding, and thus merits greater attention among policy-makers, animal breeders and farmers. Andersen, Regine Governing Agrobiodiversity: Plant Genetics and Developing Countries Aldershot, Ashgate, 2008, 420 p. > For more informations and orders, see Ashgate's website or download book flyer. > Read book review in Experimental Agriculture. Plant genetic diversity is crucial to the breeding of food crops and is therefore a central precondition for food security. Diverse genetic resources provide the genetic traits required to deal with crop pests and diseases, as well as changing climate conditions. Plant genetic diversity is also essential for traditional small-scale farming, and is therefore an indispensable factor in the fight against poverty. However, the diversity of domesticated plant varieties is disappearing at an alarming rate while interest in the commercial use of genetic resources has increased in line with bio-technologies, followed by demands for intellectual property rights. This book contributes to our understanding of how international regimes affect the management of plant genetic resources for food and agriculture in developing countries. It identifies entry points to shape a better governance of agrobiodiversity and provides the first comprehensive analysis of how the international agreements pertaining to crop genetic resources affect the management of these vital resources for food security and poverty eradication in developing countries. Andersen, Regine and Tone Winge The Farmers' Rights Project – Background Study 7: Success Stories from the Realization of Farmers' Rights Related to Plant Genetic Resources for Food and Agriculture FNI Report 4/2008. Lysaker, FNI, 2008, 72 p. > Download full-text version (PDF) This report presents a collection of success stories from the realization of Farmers’ Rights as they are addressed in the International Treaty on Plant Genetic Resources for Food and Agriculture. Despite huge challenges ahead in implementing these rights, there are many examples of projects, legislation and policies which contribute to their realization. A success story is defined here as a project or activity that has resultet in substantial achievements with regard to one or more of the suggestions for the realization of Farmers’ Rights addressed in the International Treaty. The chosen examples are not necessarily perfect; the main criterion is that significant achievements have been made and that they can provide inspiration for others. The success stories are sorted into four categories of achievements: the realization of Farmers’ Rights to save, use, exchange and sell farm-saved seed; protection of traditional knowledge related to agricultural biodiversity; participation in benefit sharing and in decision-making. Within each of these categories a handful of stories are offered, 17 stories altogether, from 11 countries. The success stories in this report tell about achievements in different areas related to Farmers’ Rights, but common features may be discerned. Farmer-scientist collaboration, capacity buliding, community based approaches and participatory approaches are all elements that have proved to be central. Different approaches to develop better legislation and incentive structures for Farmers’ Rights are also important. The findings in this report suggest that NGOs and farmers organizations play an important role, and that networking can be very valuable. Last, but not least, this report notes the link between Farmers’ Rights and development, and the importance of protecting these rights in order to ensure that what is left of agricultural biodiversity can be maintained, and to ensure the livelihoods of farmers throughout the world. Tvedt, Morten Walløe 'The Disclosure Obligation: Fair and Equitable Benefit Sharing?' Environmental Policy and Law , Vol 38, Nos 1-2, 2008, pp. 100-107. > Access full-text article (subscribers only) Immense international attention has focused on the disclosure requirements in patent law, concerning country of origin, legal provenance and prior informed consent. Norway became in 2004 the second country (after Denmark) to implement a disclosure requirement in patent applications. The overall rationale for a disclosure requirement is to meet the CBD obligation of fair and equitable sharing of the benefits arising from the utilization of genetic resources. This article provides a case-study of the Norwegian implementation to find out whether it is likely to promote benefit sharing. One finding is that the discrepancy between the information required and the objective of benefit sharing is a major obstacle for the Norwegian implementation to meet the CBD obligation. Also enforcing this requirement through the general Penal Act is an obstacle for achieving benefit sharing. It is suggested that developing countries should be caution in putting a too high prestige in the disclosure requirement alone without combining it with other user country obligations, if the goal is to receive benefit sharing. In conclusion the article suggests that the Norwegian disclosure requirement perhaps can be seen as a well-intentioned but futile attempt at tilting at windmills, if the intention was to promote benefit sharing. Rosendal, Kristin, Peter Johan Schei, Per Ove Eikeland and Lars Gulbrandsen International Payment for Forest Conservation. Special Case: Compensation for Leaving the oil in the Ground in Yasuní National Park, Ecuador FNI Report 2/2008. Lysaker, FNI, 2008, 42 p. > Download full-text version (PDF) This report evaluates the Ecuadorian proposal to have the international community compensate Ecuador for not exploiting the oil in the ITT area of Yasuní National Park. It includes the evaluation of this proposal in a broader context, assessing the possible consequences of the arrangement for future systems for international payment for biodiversity/rainforest conservation or payment for other ecosystem services as outlined in the Millennium Ecosystem Assessment. Recently, the debate about international funding of rainforest conservation and payment for ecosystem services in general has received new momentum thanks to the climate change negotiations. Although the debate goes back several decades, the content has now been broadened to include at least five major concerns: carbon sequestration and uptake, biodiversity conservation, maintenance and balance of other ecosystem services, safeguarding the livelihoods of local and indigenous people, and adaptation to climate change. This report examines the various past and current efforts relating to the question of international payment for forest conservation, linking it to the international obligations of developed countries to support global environmental goals in developing countries. The Yasuní case raises several questions that are also relevant to the Norwegian Bali initiative to contribute NOK 3 billion annually over five years for forest conservation. A central question is how these (new) flows of funding should be organized in order to achieve the relevant internationally agreed objectives emanating from multilateral environmental agreements. Here we discuss the role of the GEF, with its implementing agencies the World Bank, UNDP and UNEP. We tie the discussion to the obligations that developed countries have undertaken to support the implementation of global environmental goals in developing countries as emanating from the Convention on Biological Diversity (CBD), as well as obligations pertaining to indigenous peoples’ rights under the CBD and the ILO Convention. Tvedt, Morten Walløe 'Patent protection in the field of animal breeding' Acta Agriculturae Scandinavica, Section A - Animal Sciences , Vol 57, No 3, 2007, pp. 105-120. > Download full-text post-print version (PDF) or access the definitive version here (subscribers only) There are a rapidly growing number of patent applications relevant for the animal-breeding sector. Patent law is general in form and is seldom adapted to single areas of innovation. It was initially created for the purpose of granting exclusive rights to technical inventions; and it was taken for granted that higher animals, food production and pharmaceuticals were too important for mankind to be included under exclusive private rights. When patent law now is becoming increasingly in use in the animal sector, it is an unanswered question how the law will apply to this particular field of innovation. There is legal uncertainty of how the courts will apply the general law to this particular field. Patent law has the potential to alter the existing legal conditions for competition and investments in the field of animal breeding, and needs therefore a higher level of awareness among policy makers, animal breeders and farmers. Schei, Peter Johan Chairman’s Report. The Trondheim/UN Conference on Ecosystems and People - Biodiversity for Development - The Road to 2010 and Beyond Trondheim, Norwegian Directorate for Nature Management, 2007, 40 p. > Download full-text version The overall theme of the conference was: How to achieve the 2010 goal of significant reduction in the loss of biodiversity while at the same time achieving the MDG goals on development. 225 scientists, policymakers and NGO representatives from 75 countries did agree on a set of recommendations to governments and other key actors on the basis of 44 plenary lectures and extensive discussions. The report covers a synopsis of these lectures and conclusions and recommendations from these, including also from discussions in plenary. A call for interaction between the CBD and the Climate Convention was also developed and is included in the report. Andersen, Regine and Gunnvor Berge Informal International Consultation on Farmers' Rights, 18 - 20 September 2007, Lusaka, Zambia Report M-0737 E. Oslo, Norwegian Ministry of Agriculture and Food, 2007, 141 p. > Download full-text version > Summaries of the report are also available in French and in Spanish. This is the report from an informal international consultation on Farmers' Rights co-hosted by the Governments of Norway and Zambia, and the Fridtjof Nansen Institute. The main objective was to contribute towards preparing the agenda item on Farmers' Rights for the Second Session of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture. The consultation covered topics such as the history of Farmers' Rights; farmers' contributions to the global genetic pool, the state of realization of Farmers' Rights, potentials for pooling resources towards the realization of Farmers' Rights; and views on what the Governing Body can do to assist and guide the Contracting Parties in the implementation of Farmers' Rights - as set out in the International Treaty. A list of suggestions for the Governing Body was compiled: The realization of Farmers' Rights is a cornerstone in the International Treaty and should be given priority in the Governing Body; farmers' participation in the work of the Governing Body is crucial; the Governing Body may encourage Contracting Parties to submit reports on the realization of Farmers' Rights and assist them in their implementation of these rights; Guidelines should be developed; the importance of mobilizing funds for this purpose should be addressed; and other measures were suggested as to how the Governing Body can ensure and promote the realization of Farmers' Rights according to the International Treaty. Gulbrandsen, Lars H. 'Forest Stewardship Council (FSC)'; 'Labelling'; 'Marine Stewardship Council (MSC)'; 'Rainforest Alliance Certification' In Visser, W., D. Matten, M. Pohl and N. Tolhurst (eds), The A to Z of Corporate Social Responsibility: A Complete Reference Guide to Concepts, Codes and Organisations. Chichester (UK), John Wiley & Sons, 2007, pp. 225; 297-299; 320 and 384-385. > Read the article on 'Labelling' > For more information and orders, see Wiley's website This A to Z of CSR is a complete encyclopaedia of Corporate Social Responsibility. It has been compiled to help managers, consultants, teachers and researchers navigate their way through the plethora of terms, codes and organisations associated with CSR. In addition to definitions of the most important terms across the wide range of CSR associated topics, this book also covers all the most important codes and guidelines. The author has contributed with entries on the Forest Stewardship Council (FSC); Labelling; the Marine Stewardship Council (MSC); and Rainforest Alliance Certification. Olesen, Ingrid, G. Kristin Rosendal, Morten Walløe Tvedt, Martin Bryde and Hans B. Bentsen 'Access to and Protection of Aquaculture Genetic Resources - Structures and Strategies in Norwegian Aquaculture' Aquaculture, Vol 272, Supplement 1, 2007, pp. S47-S61. > Download full-text post-print version (PDF) or access the definitive version here (subscribers only) Breeding companies need protection for genetic material to assure revenues from genetic improvement and investment. Fish farmers and fish breeders need access to genetic resources for food production and further development and sustainable use of fish genetic material. In Norway, access legislation is now in the process of being developed. The objective of this paper is to discuss some of the main challenges associated with access to and protection of fish genetic resources in aquaculture. In an interdisciplinary study, we combine expertise on fish breeding and genetic resources with that on law and political science regarding regimes for resource management. Our material is drawn from a number of interviews with individuals directly involved in fish breeding and farming. Our most significant finding is that there is a discrepancy between the knowledge of farmers and breeders with respect to access and legal rights to genetic resources and the actual possibilities and limits offered by today's and forthcoming legislation. In order to maximize the industry's potential, there seems to be a need for information about access and legal rights to genetic resources. Market consolidations and privatisation are among the factors that are recognised as most important in changing the ground rules within the sector. Most fish farmers and breeders are becoming more concerned with the questions of access to and protection of the wild and improved breeding material that is central to their trade. This realisation is predominantly linked to external use of Norwegian salmon genetic resources, as most breeders are still confident in the superiority of their own breeding populations. Nevertheless, the breeders also acknowledge their vulnerability, should access to new and improved materials or traits become severely restricted. The predominant view among our respondents is that the sector needs to find a balance between access to breeding material and protection of proprietary innovations in fish breeding. Hiemstra, S.J., A.G. Drucker, M.W. Tvedt, N. Louwaars, J.K. Oldenbroek, K. Awgichew, S. Abegaz Kebede, P.N. Bhat and A. da Silva Mariante 'What's on the Menu? Options for Stregthening the Policy and Regulatory Framework for Exchange, Use and Conservation of Animal Genetic Resources' Animal Genetic Resources Information, No 41, 2007, pp. 65-74. > Download the entire journal from FAO's website (PDF) This paper addresses major issues and challenges for Animal Genetic Resources (AnGR) and the livestock sector, as well as options for further development of policies or regulatory approaches. Three main areas were identified: i) how we can halt the further erosion of genetic diversity and promote sustainable breeding and use; ii) whether there is a need to regulate exchange of genetic material, and; iii) how to balance different systems of rights (e.g. sovereign rights of nations, intellectual property rights, communal rights or rights of livestock keepers). To halt further erosion, complementary ex situ and in situ conservation approaches are needed and breeding and marketing of local breeds should be strengthened. Secondly, recognizing the importance of exchange of AnGR, wide access and responsible and equitable exchange mechanisms should be further promoted. Thirdly, regarding intellectual property rights, there is a need to adapt the application of the patent system to the special circumstances in animal breeding. Moreover, possible sui generis systems should be further explored in order to better balance different right systems. Rather than developing a new or adapted internationally legally binding framework, the intergovernmental process under FAO may instead wish to focus, in the first instance, on the development of voluntary instruments to strengthen national policies and implementation of action at national levels. Debates and developments related to international agreements in the crop sector have tended to frame the debate for AnGR as well. However, before launching into a discussion on whether or not an 'FAO Animal Treaty' would be needed, one should first of all clarify the problems needed to be dealt with and regulated through an international regime. Drucker, A.G., S.J. Hiemstra, N. Louwaars, J.K. Oldenbroek, M.W. Tvedt, I. Hoffmann, K. Awgichew, S. Abegaz Kebede, P.N. Bhat and A. da Silva Mariante 'Back to the Future: How Scenarios of Future Globalisation, Biotechnology, Disease and Climate Change Can Inform Present AnGR Policy Development' Animal Genetic Resources Information, No 41, 2007, pp. 75-89. > Download the entire journal from FAO's website (PDF) With the aim of assessing how exchange practices regarding AnGR affect the various stakeholders in the livestock sector and to identify policies and regulatory options that could guide the global exchange, use and conservation of AnGR, an exploration of future scenarios was used as a complementary approach to reviewing the current situation, as well as to identify stakeholders' views on AnGR policy development. Four 2050 future scenarios were developed. These included: Globalization and regionalization; Biotechnology development; Climate change and environmental degradation, and; diseases and disasters. Having developed the scenarios, these were then used as an input for a wide range of stakeholder consultations. The findings show that such an approach has been a useful analytical tool. The 'far' future perspective appeared to make people less defensive, especially in a situation where current exchange problems are not yet particularly visible or well documented. Many interviewees broadly considered that it was not a question of if the scenarios would happen, but rather a question of when. This implies that we might do well to consider the need to respond to future challenges through the proactive development of new policies or regulations. Such a finding is partly in contrast with the general perception of the current regulatory situation being broadly acceptable. Tvedt, Morten Walløe and Tomme Young Beyond Access: Exploring Implementation of the Fair and Equitable Sharing Commitment in the CBD Gland (Switzerland), IUCN, 2007, xx + 148 p. > Download the book (PDF) > Version française The book Beyond Access takes a new approach to Access and Benefit-Sharing (ABS) by analysing legal aspects of the user-side of ABS. Beyond Access takes as its point of departure that all countries are required to adopt user-side measures under CBD Article 15.7. The more specific concepts related to the benefit-sharing part of ABS needs to be further developed and clarified in order to meet the objective and obligations in the CBD. One main finding in the research behind the book is that no country has successfully adopted the primary user-side measures that are necessary – that is, a basic provision requiring users under their jurisdiction to fairly and equitably share benefits arising from their utilization of genetic resources with origin in another country. Beyond Access suggests that one important part of the reason for the complete failure of countries to adopt user-side ABS legislation is likely to be the lack of a unified, internally consistent framework to clarify the key definitions and triggers of ABS obligations. Beyond Access suggest that one core part of the solution to this is to develop the two following concepts further:   "Utilization of genetic resources": The CBD Article 15.7 establishes this as the most important trigger of the benefit-sharing obligation.   The obligation to share becomes actual when "benefits arising" from the utilization of genetic resources. Then the creator of those benefits becomes (according to the Article 15.7) obliged to share a fair and equitable part thereof. The closer definition of when "benefits arising" from the utilization can very well be developed as an objectively verifiable concept that constitutes the "second trigger" of user measures. Beyond Access suggest a number of topics that need to be developed, clarified and agreed as parts of the working agenda of the Ad Hoc Working Group on ABS. The various suggestions of disclosure requirements and certificates are not alone sufficient to create a legal system that will ensure compliance with the benefit-sharing part of the ABS-system. Tvedt, Morten Walløe, S.J. Hiemstra, A.G. Drucker, N. Louwaars and J.K. Oldenbroek 'Regulatory Options for Exchange, Use and Conservation of AnGR: A Closer Look at Property Right Issues' Animal Genetic Resources Information, No 41, 2007, pp. 91-99. > Download the entire journal from FAO's website (PDF) Three main areas for further development of policies or regulatory options for animal genetic resources (AnGR) were identified in a study on exchange, use and conservation of AnGR (Hiemstra et al., 2006): i) How to halt the further erosion of genetic diversity and promote sustainable breeding and use. ii) Whether there is a need to further regulate the exchange of genetic material. iii) How to balance different systems of property and use rights. This paper provides an in-depth analysis regarding the third challenge i.e. of addressing the problems and options available for balancing the different property right systems for AnGR. The paper looks at the application of patent law on the field of animal breeding. Hereunder it analyses the need for and conditions for implementing excemptions and adaptations from general patent law for this field. Second, it analyses the conditions for a sui generis system in the field of animal breeding. Thrid, it starts to odevelop the concept of animal or livestock keepers' rights. Andersen, Regine Governing Agrobiodiversity: International Regimes, Plant Genetics and Developing Countries. Doctoral dissertation, Department of Political Science, Faculty of Social Sciences, University of Oslo. Oslo, Unipub AS, 2007, xx, 537 p. > Read related FNI news release Domesticated plant varieties are disappearing at an alarming rate, and this loss of biodiversity has negative consequences for food security, traditional small-scale farming, and poverty alleviation. Meanwhile, interest in the commercial use of genetic resources has increased through the development of biotechnologies, and industry is demanding intellectual property rights. This has triggered and affected the formation of various international regimes from different angles and with different objectives. The dissertation analyses the interaction between these international agreements related to plant genetic resources in agriculture. It especially looks into how their interaction affects developing countries, and makes an in-depth case study of the Philippines. A key conclusion is that the interaction between the various regimes has had largely negative effects for the management of these vital resources for food security in developing countries - despite other intentions behind the individual agreements. The result is an emerging situation where multiple actors have the possibilities to exclude each other from the use of plant genetic resources for food and agriculture. The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) that entered into force in 2004 has potentials to change this development, but its success depends on the political will of its Contracting Parties. Rosendal, G. Kristin 'Balancing Access and Benefit-Sharing and Legal Protection of Innovations from Bioprospecting: Impacts on Conservation of Biodiversity' Journal of Environment and Development, Vol 15, No 4, 2006, pp. 428-447. > Full article accessible at Sage Journals' website (PDF) Biodiversity conservation, access & benefit sharing (ABS) and protection of intellectual property rights (IPR) linked to biotechnologies are all internationally agreed – but not necessarily compatible – objectives. The Convention on Biological Diversity aims for a balance between the needs and interests of owners of genetic resources and technology owners. Can current proposals for handling ‘prior art’ in IPR legislation, such as ‘disclosure of origin’ and ‘certificates of legal provenance’ contribute to finding a balance between the interests? Will the growing concern for legitimacy in international transactions with genetic resources be helpful to countries providing genetic resources for technological innovation or are the benefits too few? The article concludes that the success of establishing a multilateral system for access and benefit sharing still depends on compatible legislation in user and provider countries – in order to counterbalance strengthened patent protection systems worldwide. Moreover, it is necessary to overcome the old schism between wildlife conservation and access issues in agricultural biodiversity in order to boost overall implementation efforts. Hiemstra, S.J., A.G. Drucker, M.W. Tvedt, N. Louwaars, J.K. Oldenbroek, K. Awgichew, S. Abegaz Kebede, P.N. Bhat and A. da Silva Mariante Exchange, Use and Conservation of Animal Genetic Resources CGN Report 2006/06. Wageningen (NL), Centre for Genetic Resources, 2006, 80 p. The FAO Commission on Genetic Resources for Food and Agriculture (The Commission) has recognized the importance of conservation and sustainable use of animal genetic resources for food and agriculture (AnGR). The Commission approved the finalisation of the first Report on the State of the World’s Animal Genetic Resources which will be presented at the First International Technical Conference on Animal Genetic Resources (September, 2007). The Commission views the Conference as important, both in terms of providing an excellent opportunity to reach agreement on how to best address priorities for the sustainable use and conservation of AnGR, and to raise awareness and appreciation of the various roles and values of these essential resources. Within the framework of these developments, and following a recommendation of the Intergovernmental Technical Working Group on Animal Genetic Resources2, FAO commissioned this study to assess how exchange practices regarding AnGR affect the various stakeholders in the livestock sector and to identify policies and regulatory options that guide the global exchange, use and conservation of AnGR. The aim of this report is to support informed and evidence-based decision-making by exploring a range of policy and regulatory options related to exchange, use and conservation of AnGR. Rosendal, G. Kristin 'Regulating the Use of Genetic Resources – Between International Authorities' European Environment, Vol 16, No 5, 2006, pp. 265-277. > Download full-text version (PDF) The article examines interaction between multilateral agreements and the assessment of implementation efforts. The first aim is to portray how regulations emanating from different international regimes are developed and implemented in an interdependent manner. The second main theme concerns the assessment of implementation measures in a situation of interaction. The focus here is on the high level of interaction between regulations pertaining to genetic resources and technological utilisation of these through bioprospecting. Particular attention is given to where authority stems from in this context of multiple and interacting institutions. What is the most legitimate framework for making authoritative decisions on the use of genetic resources? Empirical evidence suggests a dual development. First, norm diffusion through international institutions increasingly plays a legitimising role in international transactions with genetic resources. At the same time, there is a high correlation between dominating countries and key economic interests in the global economy of life sciences, and these interests wield their authority and power through a different set of institutions. Andersen, Regine Farmers' Rights and Agrobiodiversity Issue Papers: People Food and Biodiversity. Eschborn, GTZ, 2006, 4 p. > Download full-text version in English (PDF) > Download full-text version in German (PDF) > Download full-text version in Spanish (PDF) > Download full-text version in French (PDF) This issue paper is written for a broad audience not acquainted with the topic before. It seeks in simple formulations to explain the importance of Farmers’ Rights for the maintenance of agrobiodiversity and for food security in developing countries. It shows how farmers since the dawn of agriculture have contributed to the inconceivable wealth of agrobiodiversity we have today and what problems farmers of today are faced with when they seek to continue this work. Furthermore, the issue paper presents the international commitments pertaining to Farmers’ Rights and the challenges ahead with regard to their implementation. It focuses on the International Treaty on Plant Genetic Resources for Food and Agriculture and its provisions on Farmers’ Rights. A brief history of the negotiations is provided as a background. Results from the Farmers’ Rights project are presented in order to highlight the state of farmers’ rights and promising measures for their further realisation. Several practical examples are given. Finally, the issue paper emphasises that the work for Farmers’ Rights is a central factor in the fight against poverty and recommendations are presented as to what development co-operation institutions can do to further promote their realisation. Tvedt, Morten Walløe 'Elements for Legislation in User Countries to Meet the Fair and Equitable Benefit-Sharing Commitment' The Journal of World Intellectual Property, Vol 9, No 2, 2006, pp. 189-212. > Download full-text post-print version (PDF) The third objective of the Convention on the Biological Diversity, the fair and equitable benefit sharing of the use of genetic resources, is lagging behind at the implementation phase. Very few countries have taken effective measures to promote sharing of benefits arising from the use of genetic resources. This article offers some suggestions as to why this is the case and poses a number of questions that need to be dealt with before such a system can be in place. It develops the concept of genetic resources and suggests that the focus need to be at the successful end uses of genetic material rather than at the point in time when genetic material is found in the nature. Rosendal, G. Kristin, Ingrid Olesen, Hans B. Bentsen, Morten Walløe Tvedt and Martin Bryde 'Access to and Legal Protection of Aquaculture Genetic Resources: Norwegian Perspectives' Journal of World Intellectual Property, Vol 9, No 4, 2006, pp. 392-412. > Download full-text post-print version (PDF) A central socio-economic challenge in fish breeding arises from issues relating to access to and exclusive rights of genetic resources. Breeding companies need legal or biological protection measures to assure revenues from genetic improvement and investment in genetic material. Fish farmers and fish breeders need access to genetic resources for food production and further development and sustainable use of fish genetic material. How can a balance be created between the need for unencumbered and free access on one hand and, on the other hand, the need to ensure a right to the results from breeding and research? First we provide a brief outline of the rationale for ensuring access to and for using legal measures for protection of breeding materials in aquaculture. Second we examine how technological developments and biological features present options and barriers, which will affect choices relating to access and property right issues to fish genetic resources. The particular situation for fish breeding suggests that there is a need for developing a sui generis property right particularly adapted to the needs of the branch. Rosendal, G. Kristin 'The Convention on Biological Diversity: Tensions with the WTO TRIPS Agreement over Access to Genetic Resources and the Sharing of Benefits' In Oberthür, Sebastian and Thomas Gehring (eds), Institutional Interaction in Global Environmental Governance - Synergy and Conflict among International and EU Policies. Cambridge (MA), MIT Press, 2006, pp. 79-103 > More information about the book The interaction between the CBD and the TRIPS Agreement is based on different objectives and an overlap of memberships and jurisdictional scope, and it has led to disruptive effects on either side. Both regimes have a global membership and regulate the same natural resource, namely genetic resources. At the same time, they operate in different policy fields and pursue different objectives (equitable sharing of benefits versus protection of intellectual property). With both regimes ten years into their implementation phase, their interaction has led to disruptive effects in particular with regard to conservation of, access to, and equitable sharing of benefits from genetic resources. The influence is arguably unintentional, but clearly anticipated. Within both arenas, the parties acknowledge that both regimes influence each other. Most of the interaction has been handled through collective decision-making in the two regimes and through behavioral adaptation in their implementation. The result of the interaction so far may to some extent be viewed as an “arms race”. Strengthened measures within one arena have in turn led to heavier “weapons” being applied by the other. The “TRIPS plus” agreements, the negotiations on the WIPO Substantial Patent Law Treaty, and legislation implementing the TRIPS Agreement in particular in the North on the one side contrast with increasingly cumbersome access regulations emerging in many developing countries on the other. Because of the inequality of subsistence farmers and transnational corporations that has been further enhanced by new patent systems, the situation may be more problematic for the biodiversity side. Andresen, Steinar, Lars Walløe and G. Kristin Rosendal 'The Precautionary Principle: Knowledge Counts but Power Decides' In Cooney, Rosie and Barney Dickson (eds), Biodiversity and the Precautionary Principle: Risk and Uncertainty in Conservation and Sustainable Use. London, Earthscan, 2005, pp. 39-55. As the principle has been around for some time, the purpose of this chapter is to discuss and shed light on the question of the practical significance of the precautionary approach. In the second section of this chapter we will first clarify this question by relating it to the discussion of the effectiveness of international regimes. The role of science is one key component in explaining regime effectiveness, and we discuss the significance of science and how this relates to the precautionary approach. Finally we introduce two different international relations perspectives with different assumptions as to the significance of the precautionary principle. In section three we discuss the significance of this principle in some selected global and regional regimes. In section four we look closer at a case where the precautionary approach has seemingly played a crucial role. We conclude in section five by summing up and pointing to how to gain increased and more precise insight relating to the research question: We find limited support for the social constructivst assumption that such principles have much significance in its own. The one regime where the precautionary approach is strongly invoked is the international whaling regime. However, here our judgement is that it is applied because it is in the interest of the strong states, most notably the US, to do so. As such, this is in line with the realist assumption. The same goes for the overall lacking precaution we can witness in the global and politically malign regimes like the climate - and the biodiversity regime. Mooney, Harold A., Richard N. Mack, Jeffrey A. McNeely, Laurie E. Neville, Peter Johan Schei and Jeffrey K. Waage (eds) Invasive Alien Species: A New Synthesis Washington D.C., Island Press, 2005, 368 p. The increasing human population is altering the natural resources on which our societies depend on to an ever-greater extent. Many of these changes are purposeful and to the benefit of society. Others, although purposeful, have inadvertent negative impacts on the goods and services that natural resources deliver to society. In order to manage these resources in a sustainable manner we must understand the interactions and trade-offs between resource alteration and the natural, generally renewable processes on which we depend. This book addresses one particular driver of resource alteration: alien species invasions. In aggregate, these invasions are global in extent and are having consequences that are generally unappreciated but quite threatening to many human activities. Tvedt, Morten Walløe 'En rettspolitisk analyse av hvordan rettigheter til genetiske ressurser kan reguleres' ('An Analysis of How Exclusive Rights to Genetic Resources Can Be Organized') Retfærd, Nordisk juridisk tidsskrift, Vol 110, 2005, pp. 70-92. In Norwegian. This article discusses several approaches to regulate exclusive rights to genetic resources. In particular the article gives some critical perspective to the draft regulation of the topic in Norwegian legislation. The present development in the field of biotechnology has increased the value of the genes as the building blocks of life. The increased value has triggered difficult issues regarding who has exclusive rights or property rights to the use of genes. The article explores the options for tangible property rights, and assesses types of rights in the perspective of patents to genetic resources. Gulbrandsen, Lars H. 'The Effectiveness of Non-State Governance Schemes: A Comparative Study of Forest Certification in Norway and Sweden' International Environmental Agreements, Vol 5, No 2, 2005, pp. 125-149. > Download full-text version (PDF) During the last decade, we have seen the emergence, under the auspices of non-state authorities, of market-driven governance schemes for certification of forest holdings and eco-labelling of wood products. Do these schemes affect actual management practices and environmental protection in forestry? This article examines the effectiveness of forest certification in Norway and Sweden, two ecologically and politically similar countries, but with different certification schemes. It is found that certification processes in both countries have resulted in high participation in certification schemes, high market penetration by certified forest organisations, and reduced conflict prevalence over forestry practices. Although forest certification seems to have modified on-the-ground practices in ways that lead to less environmental deterioration of forests, we still know too little about forest certification’s environmental impact and efficacy as a problem-solving instrument. More research is therefore urged in these areas. Gulbrandsen, Lars H. 'Sustainable Forestry in Sweden: The Effect of Competition Among Private Certification Schemes' The Journal of Environment and Development, Vol 14, No 3, 2005, pp. 338-355. > Download full-text version (PDF) Comparing the practice of two certification schemes in Swedish forestry, the Forest Stewardship Council (FSC) and a forest owner-dominated competitor, the author explores the capacity of forest certification to ameliorate environmental degradation in forestry while also attending to different stakeholder interests. The author argues that although the inclusiveness and stringency of FSC might impede its ability to attend to industry needs, it has a greater capacity than the forest owner-dominated scheme to enhance environmental protection in forestry. Second, while competition for support and rule-making authority has resulted in convergence of the two schemes, the forest owner-dominated program has not adopted decision-making rules and structures that could reduce the influence of forest owners in standard development and operation. Third, effective implementation of non-state forest governance schemes requires national forest law enforcement and well-functioning government administrations. This helps explain why forest certification initiatives have been more successful in Sweden and other advanced developed countries than in developing countries. Tvedt, Morten Walløe 'Har noen eksklusive tinglige rettigheter til genetiske ressurser i Norge?' ('The Legal Situation Regarding Exclusive Rights to Genetic Resources in Norway') Retfærd, Nordisk juridisk tidsskrift, Vol 109, 2005, pp. 70-90. In Norwegian. This article discusses a topic which has previously not been explored in Norwegian legislation: property rights to genetic resources. The present development in the field of biotechnology has increased the value of the genes as the building blocks of life. The increased value has triggered difficult issues regarding who has exclusive rights or property rights to the use of genes. This article aims at exploring to what extent there are private property rights to genetic resources according to the current legal situation in Norway (de lege lata). Three types of legal mechanisms are particularly relevant for establishing exclusive rights to genes: patent (or other intellectual property rights), contracts and tangible property rights. This article explores the latter, and demonstrates that a tangible property right to the biological material is the most relevant manner to have an exclusive right to the genes. According to present Norwegian legislation there are no particular tangible property rights that establish exclusive rights to the use of genetic resources. The article demonstrates the differences between types of organisms; and concludes that the present situation leaves the legislator with a great deal of discretion when addressing and regulating the topic property rights to genes in all types of organisms. Tvedt, Morten Walløe 'How Will a Substantive Patent Law Treaty Affect the Public Domain for Genetic Resources and Biological Material' The Journal of World Intellectual Property, Vol 8, No 3, 2005, pp. 311-344. > Download full-text version (PDF) The analysis above has shown that there are a variety of challenges from a public domain perspective presented by the draft SPLT and draft Regulations. If these drafts become legally binding, international law will link the public domain for genetic resources and biological material to a negative definition in the future; the legal potential for a positively defined public domain will probably be narrowed down, and international consensus will be required to alter this. The fact that the draft Treaty uses clear language in excluding other patent criteria than those explicitly and exhaustively listed, establishes a situation in international law where the patent system will not be very open for safeguarding the public domain or other legal rights to use genetic resources and biological material. If the Substantive Patent Law Treaty is agreed upon in the WIPO before a legally binding benefit-sharing regime under the CBD is in place, it might not be a legal option to use the international patent system to ensure that such benefit sharing takes place. Gulbrandsen, Lars H. 'Mark of Sustainability? Challenges for Fishery and Forestry Eco-labeling' Environment, Vol 47, No 5, 2005, pp. 8-23. > Download full-text version (PDF) The Forest Stewardship Council (FSC) and the Marine Stewardhip Concil (MSC) were formed in the mid-1990s as the first global multicriteria eco-labeling schemes for forest products and seafood, respectively. The goal was to harness market forces to steer these industries toward sustainable practices.This article explores how non-state certification and eco-labelling schemes such as these could promote credible and ecologically sustainable management of forests and fisheries. This could be achieved by including a broad range of stakeholders in certification standards development; promoting stringent environmental and social performance standards; providing independent and transparent auditing; securing producer participation; and penetrating markets. Rosendal, G. Kristin 'Biodiversity: International Bungee Jump - Domestic Bungle' In Skjærseth, Jon Birger (ed), International Regimes and Norway`s Environmental Policy: Crossfire and Coherence. Aldershot, Ashgate, 2004, pp. 161-195. This chapter looks into how Norwegian authorities handle biodiversity-related policies in the potential crossfire between international environmental agreements and sub-national actor interests. It demonstrates that there is a very high correlation between domestic and international goals but that international goals have been much more easily attained. The next step involves an examination of why international goals have been more easily reached compared to domestic ones. From a wide range of sub-topics within the biodiversity field, the forest sector is selected for an in-depth analysis of how domestic and international institutions can shed light on the limited goal attainment. The analysis suggests that insufficient legal and economic instruments applied for biodiversity protection constitute the major explanatory factors. The chapter winds up with a discussion of alternative explanatory perspectives and argues that the shortcomings are confounded by a general lack of technological solutions to stem the pressure on species and habitats. Gulbrandsen, Lars H. 'Overlapping Public and Private Governance: Can Forest Certification Fill the Gaps in the Global Forest Regime?' Global Environmental Politics, Vol 4, No 2, 2004, pp. 75-99. > Download full-text version (PDF) This article investigates whether forest certification (eco-labelling) is likely to rectify certain omissions in the current global forest regime. Following an examination of the achievements and shortcomings of the forest regime to date, the author argues that gaps could be filled by including a broad range of stakeholders in certification standards development; promoting strong environmental and social performance standards in forestry; providing effective control mechanisms; securing producer participation; and penetrating markets. Although the Forest Stewardship Council (FSC) was considered initially to have the greatest potential to fill these gaps, the emergence and widespread proliferation of industry-dominated schemes have marginalized the FSC in many countries. The study shows that while forest certification would probably promote more sustainable forestry in the temperate and boreal zones than it would in the tropical zone, the ability of this tool to actually do so remains to be seen. Gulbrandsen, Lars H. 'The Evolving Forest Regime and Domestic Actors: Strategic or Normative Adaptation? Environmental Politics, Vol 12, No 2, 2003, pp. 95-114. > Download full-text version (PDF) How have forest-related international environmental agreements (IEAs) affected domestic policy and forest owners in industrialised, forest-rich countries? This question is investigated by identifying and explaining the effects of IEAs on Norwegian forest policy and forestry. The analysis shows that international commitments and recommendations have had little effect on domestic forest policy. While environmental certification of forest owners by private initiative is in compliance with international recommendations and European criteria and indicators of sustainable forest management, competitiveness concerns and pressures from environmental organisations and the marketplace have been more important for this initiative than IEAs. Although environmental certification can be explained as strategic adaptation to market demands, this mechanism is dependent upon actors valuing and having internalised certain norms and principles. It is argued that IEAs have contributed to establish, strengthen and disseminate norms and principles regarding conservation of old-growth forests and biodiversity. The interplay between rational calculative and cognitive processes is thus important for understanding domestic adaptations to forest-related agreements. Rosendal, Kristin 'Impacts of Overlapping International Regimes: The Case of Biodiversity' Global Governance, Vol 7, No 1, 2001, pp. 95-117 The large number of international environmental agreements has been negotiated in the absence of explicit measures to resolve the frequently conflicting goals of overlapping economic regimes. This raises the question of how such overlap may affect the formation and subsequent implementation of environmental regimes. Presently, we lack both systematic mapping of types of institutional overlap and mapping of effects from overlap. There is little knowledge about how institutional overlap may affect the effectiveness of international environmental co-operation. The first part of this article proposes a typology based on compatible and diverging norms and rules, in order to determine the scope and type of overlap. Against this backdrop, I develop assumptions concerning the scope for synergy and conflict in different situations of overlap. In the second part, I apply this framework to the analysis of the CBD and TRIPs in order to illustrate how the typology may be used. I will argue that the overlap between the Convention on Biological Diversity (CBD) and the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs) concerns both diverging norms and regulations pertaining to the same issue-area. 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