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GM crops in developing countries: full discussion paper

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The use of genetically modified <strong>crops</strong> <strong>in</strong> develop<strong>in</strong>g <strong>countries</strong><br />

from us<strong>in</strong>g the variety or apply for a licence from the patent owner. Such requests may be refused<br />

or granted on less than favourable terms and the provision of compulsory licens<strong>in</strong>g is often not<br />

straightforward. As we noted <strong>in</strong> our 1999 Report, this potential lock<strong>in</strong>g up of genetic variation<br />

would be contrary to the spirit and <strong>in</strong>tent of plant variety rights (PVRs). We consider that there is<br />

a strong case for the pr<strong>in</strong>ciple of the breeders’ research exemption, established for PVRs, to be<br />

applied to patented varieties. We reaffirm our recommendation from that Report that the World<br />

Intellectual Property Organization (WIPO), the European Commission (EC), the Union for the<br />

Protection of the New Varieties of Plants (UPOV), the Consultative Group on International<br />

Agricultural Research (CGIAR) and the International Plant Genetic Resources Institute (IPGRI)<br />

together closely monitor the impact of patents on the availability of germplasm to plant breeders<br />

(paragraph 6.11 and paragraph 3.61 of the 1999 Report).<br />

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