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44 SEEDWORLD.COM DECEMBER 2015 THEY HAVE BEEN in existence for some time and they have been signed and ratified by a growing number of countries around the world. However the Convention on Biological Diversitys CBD Nagoya Protocol on Access and Benefit Sharing and the International Treaty on Plant Genetic Resources for Food and Agriculture the International Treaty have always seemed to exist in the mysterious realm of international poli- cymakers far away from the everyday business of the seed industry. Is it time for the seed industry to pay attention According to Tom Nickson interna- tional policy lead for Monsanto it has always been time for industry to pay attention. When you look at a technology- based company it is striking to see how important genetic resources are to virtu- ally every aspect of our business and product development he says. In the early 1950s plant breeders began to use the term genetic erosion to describe the loss of genetic diversity both of specific traits within varieties and of entire varieties and species. According to the United Nations Food and Agriculture Organization more than 75 percent of global crop diversity has been lost irrevocably over the 20th century. Recognizing the importance of con- serving genetic diversity the international community took action. The Nagoya Protocol and the International Treaty are formal international agreements designed to conserve sustainably use and equi- tably share the benefits of genetic resources. The International Treaty applies specifically to genetic resources used for food and agriculture while the Nagoya Protocol covers all genetic resources plant animal and microbial and tradi- tional knowledge associated with them. The Nagoya Protocol recognizes existing treaties on Access and Benefit Sharing ABS. So for the most part plant breeders and researchers who wish to access genetic resources should be able to do so using the provisions of the International Treaty including the Standard Material Transfer Agreement. However according to Nickson the lines are blurry. Much depends on how countries choose to implement. And he says there are implications for seed busi- nesses. Many current national ABS regimes create so much legal uncertainty leading to significant additional costs incurred while sorting out how businesses must operate to comply legally he says. What is the Nagoya Protocol The CBD which came into force in 1993 includes a general requirement that its parties create conditions that will facili- tate access to genetic resources by other parties and implement measures to equi- tably share the benefits of their use. Its Nagoya Protocal came into force in 2014 designed to set minimum guidelines and rules for fulfilling that CBDs requirement. At this time 62 countries are parties to the Protocol. Under the framework of the Protocol those seeking access to genetic resources must obtain the Prior Informed Consent of the party holding the genetic resource Is it time for the seed industry to pay attention Patty Townsend Access and Benefit Sharing