Multilateral System of Access and Benefit-sharing:

The Contracting Parties of the ITPGRFA have created what is known as a “Multilateral System” which grants each member facilitated access to important food and forage crops covered by the Treaty. The Multilateral System is basically a global gene pool of plant genetic resources which can be shared cooperatively by all members. The mechanism for obtaining specific genetic resources is through a standardized contract referred to as a “Standard Material Transfer Agreement (SMTA). This document regulates transfers and exchanges of plant genetic material, prevents their misuse, and ensures that any commercial benefits that arise are fairly and equally shared. The SMTA is a binding private bilateral contract between the provider and recipient which states the terms and conditions for use of the genetic resource. Agricultural researchers, breeders (private and public), farmers, and genebanks, all benefit from facilitated access to plant genetic resources using SMTA’s. In fact, daily, between 600-800 samples of plant genetic resources are exchanged under the ITPGRFA. The SMTA facilitates this exchange of genetic resources by providing a framework of legal certainty and transparency when material is exchanged. In other words, both parties to an SMTA understand and agree upon what can and cannot be done with the genetic resource being exchanged.   

Read more about SMTA here

Terms and Conditions of the SMTA: Genetic resources accessed through the Multilateral System can only be used for the purpose of conservation or for research, breeding, and training activities related to food and agriculture. The use of genetic resources for chemical or pharmaceutical purposes is not permitted under the ITPGRFA. Under the ITPGRFA the provider agrees to make the genetic resources available free of cost, or only charging negligible fee for shipping expenses. Additionally, the provider of the genetic resources has the obligation to supply to the recipient with any descriptive data associated with the genetic material. Recipients of genetic resources agree under the SMTA not to claim any intellectual property protection on the plants, or any parts thereof, received through the Multilateral System. If the recipient of the genetic material intends to conserve the resource, they must also agree to make it available to other Contracting Parties upon request.

Crops Covered by the Multilateral System:

As stated previously, the ITPGRFA creates a Multilateral System for facilitating access to genetic resources. However, the Treaty only covers 64 food and forage species that were agreed upon during the negotiating process. As such, many additional crop species are not subject to the ITPGRFA. Below is a listing of the 64 crops species (known as “Annex I”) included under the scope of the ITPGRFA:

Benefit-Sharing under the Multilateral System: The International Treaty outlines several different options for benefit-sharing that may arise from the commercialization of plant genetic resources resulting from SMTA transactions under the Multilateral System. The Contracting Parties agree under the Treaty that the benefits arising from the use of genetic resources should flow primarily to farmers in developing countries. However, the benefits can be both non-monetary and monetary in nature. Below are some examples of how farmers and breeders may benefit: 

Non-Monetary Mechanisms of Benefit-sharing: Here are some of the ways the ITPGRFA facilitates non-monetary benefits to its members: a) Exchange of information related to genetic resources such as inventories, information on technologies, and the results of any research conducted. b) Access to technology transfer and genetic resources directly from SMTA transactions from the Multilateral System. c) Supporting capacity building in developing countries.

Monetary Mechanisms of Benefit-sharing: Any person or institution who commercializes a new crop or variety that incorporates traits or characteristics from genetic resources under the Multilateral System, are encouraged to pay an equitable share to the benefit fund. In situations where the new variety developed is not made available to others (e.g. patent), it becomes mandatory for the breeder/developer to pay a share of profits to the Benefit-sharing Fund. The rate of compensation is 0.77% of gross sales.