Legal Aspects of Exchange, Use and Conservation of Farm Animal Genetic Resources

FNI Report 1/2007. Lysaker, FNI, 2007, 34 p.

This report forms a background study and the material contained in this document served as input for the FAO commissioned study ‘Exchange, Use and Conservation of Animal Genetic Resources: Policy and Regulatory Options’ (CGN 2006/6) (Hiemstra et alia 2006). The two main topics that are dealt with are: first, a look through the existing legal regulations that apply to Animal Genetic Resources (AnGR); and second, an analysis of the options for how the challenges in exchange, conservation and sustainable use of AnGR can be dealt with by the use of regulatory means. One of the main challenges for regulating AnGR is to have a clear picture of the differences to the areas where the law is already developed, notably the plant sector. All the current legal regulations of genetic resources target either genetic resources in general or they target plant genetic resources specifically. This study analyses the options for breeding laws, import and export regulations, model/standard material transfer agreements, bilateral ex¬change agreements, patent law, sui generis intellectual property rights to AnGR and livestock keepers’ rights. The report aims to provide points of departure for further detailed studies and work.