Countdown 2010, All Eyes on Oryza: The Current Access and Benefits-Sharing Provisions of International Instruments Will Keep the 2010 Biodiversity Target Out of Reach

Abstract

The 2010 Biodiversity Target, which aims to significantly reduce the rate of biodiversity loss, will not be achieved. The Convention on Biological Diversity (“CBD”) and the International Treaty on Plant Genetic Resources for Food and Agriculture (“ITPGR”) lack strong enough access and benefit-sharing (“ABS”) provisions to facilitate the transfer of high yield seed varieties that have the potential to protect biodiversity. This article presents the historical origins of the CBD and its ABS provisions, as well as an outline of the ITPGR’s ABS system. High yield seeds can reduce the land needed for agriculture, which holds great potential for habitat preservation and the conservation of terrestrial species. The CBD and ITPGR need to be revised so that they may work in better harmony in regard to intellectual property rights. Harmonisation of the treatment of intellectual property rights in the plant genetic resources context is the first step in facilitating faster transfers of high yield seed varieties.