WORLD TRADE
ORGANIZATIONIP/C/W/155/Add.7
1 December 1999
(99-5178)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
TECHNICAL COOPERATION ACTIVITIES:  INFORMATION FROM
OTHER INTERGOVERNMENTAL ORGANIZATIONS
FOOD AND AGRICULTURE ORGANIZATION
Addendum
The present document reproduces the updated information on technical and financial
cooperation activities relevant to the implementation of the TRIPS Agreement, which has beenreceived from the FAO by means of a communication, dated 21 October 1999.
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Technical and Legal Assistance to FAO Member States
FAO provides technical advice and assistance to its member countries, particularly developing
countries, on a wide range of food and agricultural topics.  These include advice and assistance on food
quality and safety, animal health and production, plant protection and quarantine activities and general
advice on agricultural production and trade, including information on agricultural policy and incentives
for production and trade.  The agreements adopted in the context of the Uruguay Round require technicalassistance to be provided to developing countries in many areas which fall within FAO’s expertise, and in
which the Organization has extensive experience.
FAO's technical expertise relevant to the TRIPS Agreement relates to intellectual property
rights over plant varieties, animal breeds, relate d technologies and germplasm.  FAO’s observer status
on the TRIPS Council of WTO reflects the importance of its role in helping member countries meet
their obligations under the Agreement.
FAO advises its members in relation to their plant and animal breeding, and seed and
reproductive material legislation, regulations and systems.  Through cooperation between the appropriatetechnical departments and the FAO Legal Office, countries are provided with a broad range of advice on
agriculture and renewable natural resources management, including reviewing and providing advice
about the adequacy of national laws and regulations in the fields of food trade, and intellectual property
rights related to plant and animal breeding.
FAO assists member countries in the definition of criteria for the formulation and
implementation of regional and national seed policies and programmes, including cooperation between
developed and developing countries.  It covers variety evaluation, description, maintenance and
replacement, and both technical and legal aspects of seed quality control and variety protection, as well as
other seed technology matters.  In the field of seeds, and in particular the development and release of new
improved food crop varieties, many responsibilities which used to be vested in various Government
institutions and agencies are now increasingly moving into the hands of the private sector.  In many cases,IP/C/W/155/Add.7
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relevant national economic policy decisions have not yet been backed by the adoption of new and
pertinent legal frameworks.  Furthermore, as a consequence of their membership to the World Trade
Organization, countries need to formulate legislation to protect plant varieties in line with Article 27.3(b)
of the TRIPS Agreement.
FAO technical assistance to developing countries in relation to TRIPS is focused on assisting
national authorities in analysing their needs and id entifying appropriate policy options; strengthening
the relevant capacities; formulating or revising national legislation; and advising on the structure and
functions of the institutions involved.
The Plant Production and Protection Division a nd the Animal Production and Health Division
of FAO have extensive experience in assisting member countries with those aspects of TRIPSassociated with genetic resources conservation and utilization, seed policies and programmes and
plant and animal breeding.  The Development Law Service of the FAO Legal Office assists member
countries with seed and propagating material legisl ation, plant variety protection legislation -including
sui generis  systems- and Farmers’ Rights.
Specifically, in TRIPS-related matters FAO provides:
1. Technical assistance:
• advising Member Governments on their plant breeding and seed and planting material
regulations and systems;
• defining criteria for the formulation and implementation of regional and national seed
policies and programmes;
• assisting with plant variety maintenance and replacement;
• advising on technical aspects of seed testing, certification and plant variety
protection; and
• advising on both technical and policy aspects of the conservation and sustainable use
of farm animal genetic resources, animal breeding techniques and systems.
• participating -together with the WB, FMI, WTO, UNCTAD, ITC and UNDP- in an
Integrated Framework Programme to provide technical assistance to the 48 least
developed countries in trade-related matters, including the implementation of theTRIPS Agreement.  The Director General of FAO has reiterated FAO’s willingness to
collaborate in the implementation of the programme, given the relevance of the
Organization’s technical expertise in agriculture, forestry and fisheries, as well as the
mandate for this type of assistance arising from the World Food Summit Plan of
Action.
The Programme is coordinated by an Inter-Departmental Task Force on Follow-up to
the Uruguay Round, which is in the process of identifying the trade-related technical
assistance needs of the said countries in order to incorporate them in the national
assistance programmes which will be further discussed and finalised by the
competent authorities and organizations.IP/C/W/155/Add.7
Page 3
2. Legal assistance:
• providing developing countries with a broad range of legal advice on the drafting of
legislation.  This involves close collaboration with the national authorities and
normally includes the following steps:
(i) analysing national needs and identifying appropriate policy options;(ii) reviewing and analysing the legislation in force (or drafts) and the
institutional framework governing intellectual property protection -with specific
reference to plant varieties- and seed production -including quality control,
marketing, export and import;
(iii) identifying the specific objectives to be attained by legislation in the light of
the government’s priorities and needs;
(iv) formulating a draft act and regulations, or amendments to the existing
legislation;
(v) advising on the structure and functions of implementing agencies;(vi) submitting recommendations and discussing them with the relevant national
authorities.
FAO's experience over many years has shown that justice cannot be done to the
particular needs and circumstances of individual countries by theoretical studies or
model laws.  Sui generis  systems are to be developed to suit the need and reality of
individual countries.
In an annex to this document, relevant examples are given of projects under which FAO
provides technical assistance related to Article27.3(b) of the TRIPS Agreement to developing
countries.
3. Capacity building:
• supporting workshops and meetings on both technical and legal matters relevant to
the TRIPS Agreement.  FAO has supported and participated at a number of
workshops and meetings on matters relevant to plant variety protection organized by
various governmental and non governme ntal organizations.  In May 1996, for
example, FAO provided assistance to the Swaminathan Research Foundation in India,for a Technical Workshop on an Implementation Framework for Farmers’ Rights.
(The Swedish International Development Authority (SIDA) also supported this
consultation).  The Workshop was attended by international experts, including
representatives from the WTO and UPOV Secretariats.  The proceedings have now
been published, under the title, “Agrobiodiversity and Farmers’ Rights”.  InSeptember 1998 FAO and the Agency for International Trade, Information and
Cooperation (AITIC) sponsored the Workshop  “Uruguay Round Agreements -
Implications for Agriculture, Forestry and Fisheries in the Less Advantaged
Developing Countries” of which session 8 was devoted to the relationship between
the FAO International Undertaking on Plant Genetic Resources, the Convention onBiological Diversity, and TRIPS.  In November 1998 the FAO Legal OfficeIP/C/W/155/Add.7
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participated in Geneva at the Workshop on the Review of Article27.3(b) of the TRIPS
Agreement, organized by the South Centre Pilot Project on WTO and the Institute for
Agriculture and Trade Policy (IATP).  In April 1999 the FAO Legal Office participated
at the Seminar “Choosing Sui Generis  Systems: Options and Processes”, organized by
the Quaker United Nations Office in Geneva (QUNO);
• organising and implementing a special “Umbrella Programme for Training on
Uruguay Round and Future Multilateral Trade Negotiations on Agriculture”
which includes a strong component dealing with the TRIPS Agreement.  The
programme aims at enhancing national capacity on WTO issues so that countries are
in a stronger position to meet their obligations and gain the benefits under the existing
WTO Agreements and are better prepared to participate in the next round of
Multilateral Trade Negotiations.  Countries will, thus, be able to benefit from theprocess, minimize possible adverse effects, develop their own negotiating position
and evaluate proposals made by others.  The specific objectives of the training
programme are:
 
(i) improving understanding of the existing WTO Agreements so that countriesare well prepared and knowledgeable about their existing obligations as well as able
to discuss future negotiations;
(ii) preparing participants to analyse new issues that are likely to arise in the
negotiating process and the consequences for them of alternative positions; and
(iii) taking up and debating special issues of regional/sub-regional concern.The training programme also provides information and guidance on electronic access
to sources of information (including the FAO web-site) covering interpretation,impact, transition measures and debate on the UR Agreements.
The implementation of the entire Umbrella Programme entails the organization and
execution of 14 sub-regional training courses distributed by Regions as follows:
Africa (4 courses); Asia (3 courses); Near East (2 courses); Europe (2 courses); andLatin America (3 courses), comprising all developing countries and countries in
transition regardless their membership status before WTO.
The estimated cost of the entire programme is in the range of US$ 2.5 million
including the preparation of the necessary training modules in three languages
(English, Spanish and French).  The endeavour is supported jointly by FAO and
bilateral and multilateral donors.
The target audience of the training programme comprises the policy analysts as well
as the technical specialists in the relevant Ministries (but also in the private sector and
academic institutions) who have the responsibility of advising the governments on
their negotiations in the WTO for the agricultural sector.  Emphasis is given tostrengthening the countries’ analytical capacity on trade-related issues in areas where
FAO has competence and comparative advantage vis-a-vis  other agencies.
The training programme is articulated into a number of modules which are combined
to provide a package of training corresponding to a group of countries’ specific needs.These modules are organized under the following headings: (i) General Topics; and
(ii) Specific Topics.  The latter comprises the Agreement on Agriculture, theIP/C/W/155/Add.7
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Agreement on the Application of Sanitary and Phytosanitary Measures and the
Agreement on Technical Barriers to Trade, and the TRIPS Agreement.
During the preparatory phase of the programme an Orientation Workshop for the
regional and sub-regional FAO outposted policy staff, designated as focal officers ofthe Umbrella Programme was held in FAO headquarters from 30 November to 4
December 1998.  The said staff is responsible for the organization and running of the
specific regional/sub-regional courses and have designed and implemented region-
specific training programmes.
So far four sub-regional training courses have been implemented: the course for the
Central American countries, including the Spanish speaking Caribbean (Costa Rica,El Salvador, Guatemala, Cuba, Dominican Republic, Honduras, Nicaragua and
Panama), was held in Tegucigalpa, Honduras from 7 to 11 June 1999.  The first
course for the Near East countries (Afghanistan, Egypt, Iran, Iraq, Jordan, Libya,
Syria, Yemen, Algeria, Lebanon, Morocco and Tunisia) was held in Cairo, Egypt
between 26 and 30 September 1999.  Two courses were held from 4 to 8 october1999, one in Prague, the Czech Republic, for the EU associated countries (Bulgaria,
Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland,
Romania, Slovakia, Slovenia and Turkey) and one in Dakar, Senegal, for the French
speaking ECOWAS countries (Benin, Burkina Faso, Cape Verde, Djibouti, Guinea,
Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo).IP/C/W/155/Add.7
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ANNEX
Examples of FAO Technical Assistance Projects
Belize
Under the Technical Cooperation Programme, TCP/BZE/6611: “Mandatory Health Certification
Scheme for Citrus”, the government was assisted in the drafting of legislation to regulate the citrus
certification scheme.
Caribbean Region
FAO Trust Fund project GCP/RLA/108/ITA, “Improved Seed Production, CARICOM
Countries and Suriname”, contributed to the drafting of a model Seed Act for the region and of a draftPlant Breeders’ Rights Act, which the Governments are now considering.
CEPGL
Assistance was furnished to the countries of the Communauté Economique des Grands Lacs
(CEPGL)  under a regional project, RAF/89/049: “Controle des échanges semenciers” , with the
objective of analysing the legal and administrative national frameworks related to seeds and
formulating the necessary legal instruments.  A Draft Convention on Seed and Planting Material
Exchanges was drafted as a result of the project.
China
In 1994, the FAO/World Bank Cooperative Programme prepared a project for World Bank
Funding, based on the commercialization of a number of provincial seed companies, and the
introduction of a supporting policy environment, including the establishment of a system of plant
variety protection that conforms to the requirements of the Uruguay Round.  The US$ 185.5 million
project was approved by the World Bank in June 1996, and includes a technical assistance componentfor advising on variety protection systems.
Democratic Republic of the Congo
Under a previous phase of the FAO/UNDP project, ZAI/92/002, “Assistance à la production
semencière” , a Seed Law was drafted, which is currently being considered by the government.
Dominican Republic
Under its Technical Cooperation Prog ramme, TCP/DOM/2352, FAO assisted the
government, inter alia , in the reorganization of the seed certification services and the drafting of a
Seed Law and Regulations.  The relevant authorities received also advice on matters related to plant
variety protection.
Ecuador
In 1998 within the framework of the Technical Cooperation Programme, TCP/ECU/6712:
“Apoyo a la Reestructuración del Sistema Nacional de Semillas” , FAO assisted the government in the
formulation of a Draft Seed Law, which is now before Parliament, aimed at developing the national seedIP/C/W/155/Add.7
Page 7
industry and meeting the standards for seed movement in national and international trade.  In addition,
national authorities received comments and advice on plant variety protection in relation to a
comprehensive governmental [Draft] Law on Intellectual Property Rights.
El Salvador
A project under the FAO’s Technical Cooperation Programme, TCP/ELS/4452 , “Apoyo a la
Reestructuración del Organismo Certificador de Semillas” , assisted the Government, inter alia,  in
drafting a Seed Law and Regulations.  In addition, national authorities were advised on plant variety
protection matters.
Georgia
Under the FAO Technical Cooperation Programme project, TCP/GEO/6711, an
interdisciplinary mission assisted the authorities to build up a national seed industry development
programme, including the relevant law and regulations.
India
In 1991 under its Technical Cooperation Programme FAO provided technical assistance to
India on plant variety protection, which was an input to the development of draft national legislation
on the matter.
Jamaica
Under its Technical Cooperation Programme: TCP/JAM/6611: “Citrus Production and
Certification Strategy”, FAO assisted the government in the formulation of draft legislation necessaryfor carrying out citrus certification.
Kyrgyz Republic
Under its Technical Cooperation Programme, TCP/KYR/6611: "Seed Legislation and Quality
Control", FAO assisted the government in the preparation of quality control schemes and assessed the
seed related legislative framework in the Kyrgyz Republic.  A Draft Seed Law was formulated as wellas a Plant Variety Protection Law.  Both drafts, with slight modifications were passed by Parliament.
Lithuania
Under FAO’s Technical Cooperation Programme, project TCP/LIT/4553, an FAO mission
assisted the authorities to prepare a seed master plan.  On the basis of a Draft Seed Law prepared by
the Government, FAO has submitted a revised version which is now being reviewed by the
authorities.
Madagascar
The FAO Technical Cooperation Programme approved TCP/MAG/8924: “ Renforcement des
capacités techniques du Service officiel de contrôle des semences (MPL)”  with the objectives of
strengthening the organizational and technical capacities of the National Seed Control Service and
drafting the regulations necessary for the implementation of the Seed Law drafted with FAOassistance in 1994.  The project is currently being implemented.  The relevant legislation will be
revised and updated as necessary in order to improve the seed certification and quality control
schemes so as to allow the seed industry to compete on the regional and international markets.IP/C/W/155/Add.7
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Malaysia
At the request of the Economic Planning Unit of Malaysia, FAO approved project
TCP/MAL/4553, under its Technical Cooperation Programme.  The aim of the project was tostrengthen seed and planting material production, and to develop a certification and marketing
programme.  FAO advised the Government on appropriate programme and policy measures for
upgrading the national capability in variety registration, release and protection, and quality control
and seed and planting material certification, by defining the respective role of various official
agencies and the private sector.  In addition, the project prepared a study analysing the implications of
TRIPS Article  27.3(b), as well as the various options before the Government to give effect to this
provision.
Mauritania
Under the FAO/UNDP project, MAU/92/007 , “Appui à la vulgarisation de semences
traditionnelles de qualité” , a Draft Seed Law was prepared, which is currently awaiting submission to
Parliament.
Namibia
In 1997 a legal component was added to the Technical Cooperation Programme project
TCP/NAM/4555: “Building Assistance to Improved Seed Production” with the objective of assisting
the country in the formulation of a Draft Seed Act in order to enable it to implement the positive
results of the project as far as the production of improved seed was concerned.  In addition, national
authorities were advised on plant variety protection matter.
Pakistan
Project TCP/PAK/4557, under FAO’s Technica l Cooperation Programme, assisted the
government in the preparation of a seed sector development programme.  Aware of the need to
increase the involvement of the private sector, the Government intends to formulate a new
comprehensive programme, including the adoption of specific legislation recognizing plant variety
protection.
Slovakia
Under its Technical Cooperation Programme, project TCP/SLO/6711: “Planning of Strategy
for Animal Breeding Development”, FAO is assisting Slovakia develop the relevant legislativeinstruments.
Suriname
The Government of Suriname is now considering the model Seed Act and draft Plant
Breeders’ Rights Act, which project GCP/RL A/108/ITA: “Improved Seed Production, CARICOM
Countries and Suriname” (described above) contributed to drafting.  Under project TCP/SUR/6711,
FAO will now provide the national authorities w ith the necessary draft implementing regulations.
Tajikistan
The FAO Technical Cooperation Programme approved project TCP/TAJ/8921: “Emergency
Provisions of Agricultural Inputs and Assistance for a Seed Sector Review” which is currently being
implemented with the objective to review the seed sector and provide assistance with the developmentIP/C/W/155/Add.7
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of the national seed industry.  A draft Seed Law is being formulated regulating, inter alia,  seed
production and certification and the establishment of private and/or public bodies necessary for the
implementation of the relevant legislation.  It is also foreseen that the Law address plant variety
protection.
Tanzania
Tanzania was assisted through the FAO/UNDP project: URT/93/003, in the enhancement of
the capacity to coordinate the national seed programme.  The project assisted in the preparation of
suitable draft legislation for a plant variety protection system.
There are projects in the pipeline for support by FAO’s Technical Cooperation Programme to
Chile and Guatemala, with the objective of strengthening the national programmes for the
conservation and sustainable use of plant genetic resources for food and agriculture.  One specific
objective covers the preparation of draft instruments to regulate collection, conservation, exchange
and utilization of plant genetic resources for food and agriculture, including plant variety protection in
the case of Guatemala.
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