Legal frameworks for research and innovation with plant genetic resources
ABS: The Convention on Biological Diversity (CBD) and the Nagoya Protocol to the CBD, its related provisions, user compliance measures, scope and definitions, benefit-sharing modalities, the perspectives of providers vs users of genetic resources, COP-MOP and intermediate negotiations; The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), its related provisions, user compliance measures, standard material transfer agreement (SMTA), multilateral benefit-sharing, ongoing negotiations.
Biosafety: The legislation on genetically modified organisms (GMOs) in the European Union (EU), its historical development, scope and definitions, risk assessment and management, labelling, monitoring, co-existence, exemptions, user compliance measures, the EU Court ruling on mutagenesis (case C-528/16), current political developments; The Cartagena Protocol on Biosafety to the CBD, its scope, definitions and provisions.
PVR: The UPOV Convention and Plant Breeders´ Rights (PBR), principles of DUS (distinct, uniform, stable), breeder´s exemption, farmer-saved seed, Essentially Derived Variety (EDV), principles of VCU (value for cultivation and use).
Syllabus and other information
Syllabus
PLS0068 Legal frameworks for research and innovation with plant genetic resources, 3.0 Credits
Subjects
BiologyEducation cycle
Postgraduate levelGrading scale
Language
EnglishPrior knowledge
MSc in plant biology, plant genetics, plant physiology, agriculture, horticulture or related topic, or MSc/ML in 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 Law, such access and benefit-sharing, biotechnology/biosafety, intellectual property related to biotechnology, or related field.
Objectives
The international and domestic legal frameworks that affect the work researchers and breeders are carrying out with plant genetic resources are getting increasingly detailed. The aim of this course is to enable understanding of the relevant legal frameworks for 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.
Learning Outcomes (LOs):
Upon completion of the course, the student will be able to:
Understand the key provisions of legal frameworks for access and benefit-sharing of genetic resources (ABS), biosafety of the products of genetic precision technologies (e.g. GMO legislation) and plant variety rights (PVR);
Understand how and why these legal frameworks have been developed, and how they continue to develop;
Be able to comply with the applicable provisions whenever necessary for the professional activities in plant research or breeding;
Be able to engage in discussions about strong and weak details (and their consequences) of each relevant legal framework.
Content
The course will cover the international and domestic legal frameworks within three different field related to working with plant genetic resources: 1) Access and benefit-sharing (ABS), 2) Biosafety, and 3) Plant Variety Rights (PVR).
ABS: The Convention on Biological Diversity (CBD) and the Nagoya Protocol to the CBD, its related provisions, user compliance measures, scope and definitions, benefit-sharing modalities, the perspectives of providers vs users of genetic resources, COP-MOP and intermediate negotiations; The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), its related provisions, user compliance measures, standard material transfer agreement (SMTA), multilateral benefit-sharing, ongoing negotiations.
Biosafety: The legislation on genetically modified organisms (GMOs) in the European Union (EU), its historical development, scope and definitions, risk assessment and management, labelling, monitoring, co-existence, exemptions, user compliance measures, the EU Court ruling on mutagenesis (case C-528/16), current political developments; The Cartagena Protocol on Biosafety to the CBD, its scope, definitions and provisions.
PVR: The UPOV Convention and Plant Breeders´ Rights (PBR), principles of DUS (distinct, uniform, stable), breeder´s exemption, farmer-saved seed, Essentially Derived Variety (EDV), principles of VCU (value for cultivation and use).
Additional information
Time tableLectures, exercises: 18 hours
Group exercises: 6 hours
Individual assignments: 7 hours
Examination: 3 hours
The course will consist of three blocks, corresponding to 1) access and benefitsharing,
2) biosafety, and 3) plant variety rights.
Lectures (incl practical exercises) with invited experts will make up approximately 50% of the scheduled course time. This will give a solid theoretical background to the subject. [addressing LOs 1,2]
An individual assignment, distributed on the first day and worked on throughout the week, will make up approximately 30% of the course time (incl the examination). This will focus on a particular legal detail and is to be presented as a 1-page report as well as orally on the final day with another student as opponent. [addressing LOs 3,4]
Group discussion exercises will make up approximately 20% of the course time. These will be carried out with the students being assigned different roles such as researcher, breeder, regulator, legislator, civil society representative etc. [addressing LO 4]
To pass the course, the student will:
- Attend a minimum of 80% of the lectures and two of the scheduled group exercises;
- Successfully defend an individual assignment;
Responsible department
Department of Plant Breeding