INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE

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The FAO Conference, at its Thirty-first Session (November 2001), through Resolution 3/2001, approved the International Treaty on Plant Genetic Resources for Food and Agriculture. In accordance with Article 25 of the Treaty, it was opened for signature at FAO Headquarters on 3 November 2001 and remained open for signature until 4 November 2002 by all Members of FAO and any States that are not Members of FAO but are Members of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency.

Under Article 26, the Treaty is subject to ratification, acceptance or approval by the Members and non-Members of FAO referred to in Article 25. Instruments of ratification, acceptance, or approval are deposited with the Director-General of FAO. Under Article 27, the Treaty is open for accession by all Members of FAO and any States that are not Members of FAO but are Members of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency. Instruments of accession are deposited with the Director-General of FAO.

In accordance with Article 28, the Treaty entered into force on the ninetieth day after the deposit of the fortieth instrument of ratification, acceptance, approval or accession, provided that at least twenty instruments of ratification, acceptance, approval or accession have been deposited by Members of FAO. On 31 March 2004, 13 instruments (including the European Union) were deposited with the Director-General of FAO. Having reached the required number of instruments in order for the Treaty to enter into force (40), the date of entry into force is 29 June 2004.

The treaty was registered with the Secretariat of the United Nations on 13 December 2006 under No. 43345.

Parties: 127


The following instruments have been deposited on the dates indicated:

Participant

Signature

Ratification

Acceptance

Approval

Accession

Afghanistan

 

 

 

 

9 Nov 2006

Albania

 

 

 

 

12 May 2010

Algeria

 

 

 

 

13 Dec 2002

Angola

10 Oct 2002

14 Mar 2006

 

 

 

Argentina

10 Jun 2002

 

 

 

 

Armenia

 

 

 

 

20 Mar 2007

Australia

10 Jun 2002

12 Dec 2005

 

 

 

Austria

6 Jun 2002

4 Nov 2005

 

 

 

Bangladesh

17 Oct 2002

14 Nov 2003

 

 

 

Belgium

6 Jun 2002

2 Oct 2007

 

 

 

Benin

 

 

 

 

24 Feb 2006

Bhutan

10 Jun 2002

2 Sep 2003

 

 

 

Brazil

10 Jun 2002

22 May 2006

 

 

 

Bulgaria

 

 

 

 

29 Dec 2004

Burkina Faso

9 Nov 2001

5 Dec 2006

 

 

 

Burundi

10 Jun 2002

28 Apr 2006

 

 

 

Cambodia

11 Jun 2002

 

11 Jun 2002

 

 

Cameroon

3 Sep 2002

19 Dec 2005

 

 

 

Canada

10 Jun 2002

10 Jun 2002

 

 

 

Cape Verde

16 Oct 2002

 

 

 

 

Central African Republic

9 Nov 2001

4 Aug 2003

 

 

 

Chad

11 Jun 2002

 

14 Mar 2006

 

 

Chile

4 Nov 2002

 

 

 

 

Colombia

30 Oct 2002

 

 

 

 

Congo

 

 

 

 

14 Sep 2004

Cook Islands

 

 

 

 

2 Dec 2004

Costa Rica

10 Jun 2002

14 Nov 2006

 

 

 

Côte d'Ivoire

9 Nov 2001

25 Jun 2003

 

 

 

Croatia

 

 

 

 

8 May 2009

Cuba

11 Oct 2002

16 Sep 2004

 

 

 

Cyprus

12 Jun 2002

15 Sep 2003

 

 

 

Czech Republic

 

 

 

 

31 Mar 2004

Democratic People's Republic of Korea

 

 

 

 

16 Jul 2003

Democratic Republic of the Congo

 

 

 

 

5 Jun 2003

Denmark

6 Jun 2002

31 Mar 2004

 

 

 

Djibouti

 

 

 

 

8 May 2006

Dominican Republic

11 Jun 2002

 

 

 

 

Ecuador

 

 

 

 

7 May 2004

Egypt

29 Aug 2002

31 Mar 2004

 

 

 

El Salvador

10 Jun 2002

9 Jul 2003

 

 

 

Eritrea

10 Jun 2002

10 Jun 2002

 

 

 

Estonia

 

 

 

 

31 Mar 2004

Ethiopia

12 Jun 2002

18 Jun 2003

 

 

 

European Union (Member Organization)*

6 Jun 2002

 

 

31 Mar 2004

 

Fiji

 

 

 

 

9 Jul 2008

Finland

6 Jun 2002

31 Mar 2004

 

 

 

France

6 Jun 2002

 

 

11 Jul 2005

 

Gabon

10 Jun 2002

13 Nov 2006

 

 

 

Germany

6 Jun 2002

31 Mar 2004

 

 

 

Ghana

28 Oct 2002

28 Oct 2002

 

 

 

Greece

6 Jun 2002

31 Mar 2004

 

 

 

Guatemala

13 Jun 2002

1 Feb 2006

 

 

 

Guinea

11 Jun 2002

 

 

 11 Jun 2002

 

Guinea-Bissau

 

 

 

 

1 Feb 2006

Haiti

9 Nov 2001

 

 

 

 

Honduras

 

 

 

 

14 Jan 2004

Hungary

 

 

 

 

4 Mar 2004

Iceland

 

 

 

 

7 Aug 2007

India

10 Jun 2002

10 Jun 2002

 

 

 

Indonesia

 

 

 

 

10 Mar 2006

Iran (Islamic Republic of)

4 Nov 2002

28 Apr 2006

 

 

 

Ireland

6 Jun 2002

31 Mar 2004

 

 

 

Italy

6 Jun 2002

18 May 2004

 

 

 

Jamaica

 

 

 

 

14 Mar 2006

Jordan

9 Nov 2001

30 May 2002

 

 

 

Kenya

 

 

 

 

27 May 2003

Kiribati

 

 

 

 

13 Dec 2005

Kuwait

 

 

 

 

2 Sep 2003

Kyrgyzstan

 

 

 

 

1 June 2009

Lao People's Democratic Republic

 

 

 

 

14 Mar 2006

Latvia

 

 

 

 

27 May 2004

Lebanon

4 Nov 2002

6 May 2004

 

 

 

Lesotho

 

 

 

 

21 Nov 2005

Liberia

 

 

 

 

25 Nov 2005

Libyan Arab Jamahiriya

 

 

 

 

12 Apr 2005

Lithuania

 

 

 

 

21 Jun 2005

Luxembourg

6 Jun 2002

31 Mar 2004

 

 

 

Madagascar

30 Oct 2002

13 Mar 2006

 

 

 

Malawi

10 Jun 2002

4 Jul 2002

 

 

 

Malaysia

 

 

 

 

5 May 2003

Maldives

 

 

 

 

2 Mar 2006

Mali

9 Nov 2001

5 May 2005

 

 

 

Malta

10 Jun 2002

 

 

 

 

Marshall Islands

13 Jun 2002

 

 

 

 

Mauritania

 

 

 

 

11 Feb 2003

Mauritius

 

 

 

 

27 Mar 2003

Montenegro         21 Jul 2010

Morocco

27 Mar 2002

14 Jul 2006

 

 

 

Myanmar

 

 

 

 

4 Dec 2002

Namibia

9 Nov 2001

7 Oct 2004

 

 

 

Nepal

 

 

 

 

19 Oct 2009

Netherlands

6 Jun 2002

 

18 Nov 2005

 

 

Nicaragua

 

 

 

 

22 Nov 2002

Niger

11 Jun 2002

27 Oct 2004

 

 

 

Nigeria

10 Jun 2002

 

 

 

 

Norway

12 Jun 2002

3 Aug 2004

 

 

 

Oman

 

 

 

 

14 Jul 2004

Pakistan

 

 

 

 

2 Sept 2003

Palau

 

 

 

 

5 Aug 2008

Panama

 

 

 

 

13 Mar 2006

Paraguay

24 Oct 2002

 

3 Jan 2003

 

 

Peru

8 Oct 2002

5 Jun 2003

 

 

 

Philippines

 

 

 

 

28 Sep 2006

Poland

 

 

 

 

7 Feb 2005

Portugal

6 Jun 2002

 

 

7 Nov 2005

 

Qatar

 

 

 

 

1 Jul 2008

Republic of Korea

 

 

 

 

20 Jan 2009

Romania

 

 

 

 

31 May 2005

Rwanda         14 Oct 2010

Saint Lucia

 

 

 

 

16 Jul 2003

Samoa

 

 

 

 

9 Mar 2006

Sao Tome and Principe

 

 

 

 

7 Apr 2006

Saudi Arabia

 

 

 

 

17 Oct 2005

Senegal

9 Nov 2001

25 Oct 2006

 

 

 

Serbia

1 Oct 2002

 

 

 

 

Seychelles

 

 

 

 

30 May 2006

Sierra Leone

 

 

 

 

20 Nov 2002

Slovakia

 

 

 

 

8 June 2010

Slovenia

 

 

 

 

11 Jan 2006

Spain

6 Jun 2002

31 Mar 2004

 

 

 

Sudan

10 Jun 2002

10 Jun 2002

 

 

 

Swaziland

10 Jun 2002

 

 

 

 

Sweden

6 Jun 2002

31 Mar 2004

 

 

 

Switzerland

28 Oct 2002

22 Nov 2004

 

 

 

Syrian Arab Republic

13 Jun 2002

26 Aug 2003

 

 

 

Thailand

4 Nov 2002

 

 

 

 

The Former Yugoslav Republic of Macedonia

10 Jun 2002

 

 

 

 

Togo

4 Nov 2002

23 Oct 2007

 

 

 

Trinidad and Tobago

 

 

 

 

27 Oct 2004

Tunisia

10 Jun 2002

8 Jun 2004

 

 

 

Turkey

4 Nov 2002

7 Jun 2007

 

 

 

Uganda

 

 

 

 

25 Mar 2003

United Arab Emirates

 

 

 

 

16 Feb 2004

United Kingdom

6 Jun 2002

31 Mar 2004

 

 

 

United Republic of Tanzania

 

 

 

 

30 Apr 2004

United States of America

1 Nov 2002

 

 

 

 

Uruguay

10 Jun 2002

1 Mar 2006

 

 

 

Venezuela (Bolivarian Republic of)

11 Feb 2002

17 May 2005

 

 

 

Yemen

 

 

 

 

1 Mar 2006

Zambia

4 Nov 2002

13 Mar 2006

 

 

 

Zimbabwe

30 Oct 2002

5 Jul 2005

 

 

 

 

*Pursuant to Article 29.2, the instrument of approval deposited by the European Union shall not be counted as additional to those deposited by its Member States.


Declarations


Austria (Declaration made upon ratification): "The Republic of Austria confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Belgium (Declaration made upon ratification): "Belgium interprets Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Denmark (Declaration made upon ratification): "Denmark confirms the declaration made at adopting the Treaty concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

European Union (Declaration made upon approval): "(1) The European [Union] interprets Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met.
(2) In accordance with the provisions of Article II.7 of the FAO Constitution, the European [Union] declares that its declaration of competence submitted to FAO on 4 October 1994 under Article II.5 of the FAO Constitution still applies in the light of its acceptance of the International Treaty on Plant Genetic Resources for Food and Agriculture.
(3) In accordance with the provision of Article 22.3 the European [Union] declares that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 it accepts as compulsory the dispute settlement provisions in Article 22.3(a)."

Finland (Declaration made upon ratification): "The European [Union] and its Member States interpret Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Germany (Declaration made upon ratification): "Germany confirms the declaration made at adoption by the European Union concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Greece (Declaration made upon ratification): "The Hellenic Republic confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognizing that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Ireland (Declaration made upon ratification): "Ireland confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Italy (Declaration made upon ratification): "Italy confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Luxembourg (Declaration made upon ratification): "The Grand-Duchy of Luxembourg confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Myanmar
(Declaration with respect to Article 22 made upon accession): “The Government of the Union of Myanmar declares that in the event of a dispute between Contracting Parties concerning the interpretation or application of International Treaty on Plant Genetic Resources for Food and Agriculture, Myanmar shall seek Arbitration in accordance with Article 22.3(a). In this respect, Myanmar accepts Arbitration in accordance with the procedure laid down in Part one of Annex II to the Treaty.”

Poland (Declaration made upon accession): "The Republic of Poland confirms the declaration made at adoption by the European [Union] concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Spain (Declaration made upon ratification): "Spain declares its intention to deposit the declaration of interpretation concerning Article 12.3.d of the Treaty, already made by the Presidency of the European [Union] during the thirty-first Ministerial Conference of FAO of November 2001, at the time of adoption of the Treaty, as soon as the pertinent internal proceedings are finalized.”

Sweden (Declaration made upon ratification): "(1) Sweden confirms the declaration made at adopting concerning the interpretation of Article 12.3d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met. (2) In accordance with the provisions of Article II.7 of the FAO Constitution, Sweden declares that the European Union's declaration of competence submitted to FAO on 4 October 1994 under Article II.5 of the FAO Constitution still applies in the light of its acceptance of the International Treaty on Plant Genetic Resources for Food and Agriculture. (3) In accordance with the provision of Article 22.3 Sweden declares that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 it accepts as compulsory the dispute settlement provisions in Article 22.3(a)."

United Kingdom (Declaration made upon ratification): "The Government of the United Kingdom confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

 


 


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