Global policies and legal frameworks for research and innovation with plant genetic resources

The aim of this PhD course is to enable an understanding of the relevant global policies and legal frameworks for biodiversity, accessing and utilizing plant genetic resources, for working with modern plant breeding tools such as transgenesis and genome editing, and for plant variety protection such as plant breeders’ rights and patents.

The utilization of genetic resources is governed by a complex range of international and national regulatory frameworks. To secure the conservation and sustainable use of genetic resources, while promoting innovation and at the samt time ensuring environmental and consumer safety, multiple global policies, national laws and regulatory procedures have been established. These frameworks directly influence the activities of researchers and breeders engaged in research and innovation with plant genetic resources.

The knowledge gained from the course will give the students a competence that is highly sought after both in the academic and the private plant research and breeding sector.

Course content

The course will cover global policies and international legal frameworks within four different modules related to using plant genetic resources, including: 1) Biodiversity, 2) ABS, 3) Biosafety, and 4) PVP.

– Biodiversity: The international biodiversity regime is led by the Convention on Biological Diversity (CBD) and its subsequent protocols, the Nagoya Protocol on ABS and the Cartagena Protocol on Biosafety. This module will cover prior developments, objectives, key definitions, provisions and commitments under the CBD, including the development of implementation instruments such as National Biodiversity Strategies and Action Plans. This module will also provide an overview of the governance of biodiversity, including policies, mechanisms for implementation and governing bodies developed under the CBD such as the Conference of the Parties, Subsidiary and Scientific Bodies, Working Groups, and the Kunming-Montreal Global Biodiversity Framework. In addition, this module will provide insights on the inter-regime mechanism of cooperation between the CBD and other biodiversity related multilateral environmental agreements.

– ABS: The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable sharing of Benefits Arising from their utilization to the CBD is an international agreement that provide global rules on ABS of genetic resources. This module will include key provisions and measures, such as Prior Informed Consent and Mutual Agreed Terms to share benefits equitably, scope and definitions, benefit-sharing modalities under the Nagoya Protocol. This module will also include the perspectives of providers and users of genetic resources, and recent negotiations and evolvements under the Conference of the Parties serving as the Meeting of the Parties of the Nagoya Protocol, with emphasis on Digital Sequence Information on Genetic Resources. In addition, this module will provide an overview of another ABS agreement, the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), including an explanation of its related provisions, user compliance measures, standard material transfer agreement, multilateral benefit-sharing, ongoing negotiations. Finally, this module will also include a general overview of how ABS rules work at a national and regional level, including in the European Union.

– Biosafety: The Cartagena Protocol on Biosafety to the CBD is an international treaty that govern the safe use or biosafety of Living Modified Organism, also called Genetically Modified Organisms. This module will provide an overview of key definitions, obligations and provisions for transboundary movements, risk analysis (e.g. risk management, assessment and communication), socio-economic considerations, exchange of information and capacity building under the Cartagena Protocol. This module will discuss the recent negotiations and evolvements under the Conference of the Parties serving as the Meeting of the Parties of the Cartagena Protocol, with emphasis on synthetic biology and gene drive systems. In addition, this module will also include an overview of how domestic biosafety laws work and national developments in the regulatory status of products derived from precision breeding technologies, including in selected countries in the Global South (e.g. Latin America and the Caribbean and Sub-Saharan Africa) and in the European Union (e.g. European Court of Justice ruling on mutagenesis and European Commission Regulation Proposal on New Genetic Techniques).

– PVP: The International Convention for the Protection of New Varieties of Plants (UPOV Convention) provides a system of plant variety protection and recognition of the rights of breeders on an international basis. This module will describe key definitions, objectives and rationale, prior developments, general obligations, conditions and applications for the grant breeder’s rights, the rights of the breeders under the UPOV Convention. This module will make emphasis on the key principles under the UPOV Convention including the principle of distinct, uniform, stable, breeder’s exemption, farmer-saved seed, Essentially Derived Variety, principles of value for cultivation and use. In addition, this module will cover other relevant aspects under intellectual protect in agriculture including the Agreement on Trade related aspects of Intellectual Property Rights under the World Trade Organization. In addition, this module will also include an overview of how regulations on PVP work at a national and regional level, including in the European Union.

Objectives

Upon completion of the PhD course, the student will be able to accomplish the following learning outcomes (LOs):

Be able to engage in discussions about obligations, opportunities and potential repercussions of each relevant legal framework.ople. 

Understand the key provisions of global policies and international legal frameworks for biodiversity, access and benefit-sharing (ABS) of genetic resources, biosafety of Living Modified Organisms, Genetically Modified Organisms and products derived from precision breeding technologies, and plant variety protection (PVP);

Understand the reasons and triggers behind the development of these global policies and legal frameworks, and how they continue to evolve;

Be prepared to comply with the applicable reuqirements, whenever necessary, for professional activities in research, innovation or breeding using plant genetic resources;

Prior knowledge

• MSc in plant biology, plant genetics, plant physiology, agriculture, horticulture or related topic, or LLM in Environmental Law with emphasis on biodiversity, access and benefit-sharing, biotechnology/biosafety, intellectual property related to biotechnology, or related subjects.
• Enrolled in a PhD programme within Biology or related field; or Environmetal Law, with emphasis on biodiversity, access and benefit-sharing, biotechnology/biosafety, intellectual property associated to biotechnology, or related field.

Language

• English

Assessment

Pass/Fail

Financial aid

Members of Photosyntech are rewarded activity grants for being active and can use this grant to cover their travels (only PhDs in Norway are rewarded activity grants). Activity grants are paid out after each semester to members that have been active that semester.

Apply for membership to Photosyntech (PhD students in Norway only). PhDs outside of Norway can become associate members (no contract needed), but are not rewarded with financial aid.

Questions about the research school Photosyntech?

Please contact the coordinator, Sunniva Katharina Thode at photosyntech@uit.no.