Abstract
International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR) adopted the Multilateral System (MLS) for facilitating access to plant genetic resources for food and agriculture (PGRFA) and benefit sharing using a Standard Material Transfer Agreement (SMTA) within the framework of Convention on Biological Diversity. This paper addresses the operational problems of the monetary benefit sharing system raised by using the SMTA, in the case of Japan’s accession to the ITPGR. It is concluded that (1) PGRFA held by the gene bank of the National Institute of Agrobiological Sciences meet the conditions of PGRFA under MLS set by ITPGR. (2) The system of monetary benefit sharing under MLS is compatible with the system of intellectual property rights which may restrict access to PGRFA . It is acceptable that the mandatory monetary benefit sharing obligation is triggered by the protection of Products not by plant breeders’ rights but by patents. (3) 1.1 % of Sales as the rate of monetary benefit under the MLS is considered a reasonable level of payment for seed companies. (4) PGRFA are available without restriction once they are outside the MLS as Products. (5) The African system of benefit sharing should not be selected because of the increasing cost for the Recipient.
