§ Syd RapsonTo ask the Minister of State, Department for International Development what steps are being taken to implement the recommendations of570W the Commission on Intellectual Property Rights, on protecting (a) the material in (i) gene banks and (ii) farmers' fields from being directly patented and (b) the rights of farmers to follow traditional practices of reusing, exchanging and informally selling seeds in developing countries. [125901]
§ Hilary BennAccess to material in gene banks and in farmers' fields, and the criteria under which patents may be obtained on such material, is governed by national legislation. Under TRIPS, plants as such may be excluded from patentability, as also may conventional plant breeding processes. Plant varieties may be covered by patents or other effective sui generis protection systems. The criteria for patentability applying in most countries would prevent the direct patenting of material in farmers' fields.
The International Treaty on Plant Genetic Resources for Food and Agriculture, when it comes into effect, will establish a Multilateral System on Access and Benefit Sharing for a list of food and fodder plants. The ability to take out intellectual property rights on material in gene banks covered by the Treaty in the form received is specifically excluded.
The UK has signed the International Treaty and hopes to ratify it, together with all other EU member states, before the end of this year. It will come into effect 90 days after the 40th ratification of, or accession to, the Treaty. In its response to the Commission report, published in May, the government urged all other countries that have not yet done so to sign and ratify the Treaty as soon as possible.
The Government supports the right of developing countries to legislate to provide for the re-use, exchange and informal sale of seeds by farmers.