For a long time plant genetic resources have been considered a common heritage of mankind that should be available without restriction. However, since Convention on Biological Diversity entered into force in 1993, the sovereign rights of states are recognized over their genetic resources. FAO started to establish a Multilateral System of access and benefit-sharing concerning plant genetic resources for food and agriculture (PGRFA) in harmony with the CBD. After seven years of negotiation, the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR) was adopted in 2001. Japan abstained in the voting at that time based on the fact that article 12.3(d) was ambiguous in relation to whether DNA-related inventions obtained by the use of PGRFA were patentable or not. The purpose of this paper is to propose an interpretation of article 12.3(d) in harmony with the intellectual property rights’ system of Japan. For this purpose, the article is interpreted in accordance with the ordinary meaning of the terms in their context. The preparatory work of ITPGR is employed to confirm the meaning of the article when the interpretation could be considered ambiguous. As a result, PGRFA are defined as plants and their parts including functional units of heredity such as the gene, with a phrase, “in the form received from the Multilateral System” that modifies the phrase “their genetic parts or components” in the article 12.3(d). The phrase “in the form” means that genes isolated and purified from PGRFA received from the Multilateral System are regarded as inventions and are not considered “in the form” of the original genes contained in the PGRFA. Patent rights with respect to genes isolated and purified from PGRFA are not regarded as “intellectual property rights that limit the faciliated access”. We conclude that the article 12.3(d) can be interpreted in harmony with the intellectual property rights’ system of Japan. It is recommended that necessary steps be taken to accede to ITPGR by coordination among government authorities, private companies and academic circles.
To analyze the effect of additives on the quality of wilted silage from knotgrass (Paspalum distichum L.) grown in paddy fields with a very large application of nitrogen fertilizer, the fermentative quality at 28 days after ensiling was examined by comparison of silage without additives, silage with lactic acid bacteria (LAB) inoculant additive, and silage with molasses additive. The WSC content in the material grass was low, 9.1 (mg/g DM). The pH value in the LAB inoculant silage was 5.1 as in the absence of additive, while the value of 4.8 in the molasses additive silage was lower than that in the other silages. The total VFA content in the LAB inoculant silage was 0.66%, a value close to 0.64% recorded in the absence of additive, while the VFA content in the molasses additive silage was 1.09%, a value higher than that in the other silages. The lactic acid content in the LAB inoculant silage was 0.43% as in the absence of additive, while the content in the molasses additive silage was 0.90%, a value higher than that in other silages. The acetic acid content and the butyric acid content were less than 0.18% and 0.08%, respectively, and there was no significant difference among the treatments. Flieg’s score in the LAB inoculant silage was 44 points as in the absence of additive, while the score in the molasses additive silage was 89 points higher than that in the other silages. The ammonium nitrogen content was very low, less than 0.04% in all the silages. The VBN/TN ratio indicated a high quality in all the silages less than 12.5, especially in the molasses additive silage, the lowest level of 2.6 was recorded. The nitrate and nitrite nitrogen contents (%DM) in the material grass were 0.04% before ensiling, but decreased to undetectable levels in every silage during the ensiling process. Therefore, we concluded that molasses addition was effective for the producing knotgrass silage with a stable good quality when the grass was grown in paddy fields with heavy application of nitrogen and wilted after cutting, reducing the danger of nitrate poisoning in animals after feeding.
The purpose of the present study was to analyze the ingredient composition of tuber in water yam (Dioscorea alata) that is used as a staple food crop and vegetable in Myanmar. Especially, the differences in the contents of general nutrients, polyphenol with antioxidation ability, allantoin, allantoic acid, adenosine and free sugars were compared among varieties. The results showed that these ingredients of tuber varied among varieties, along with morphological characteristics. The contents of carbohydrates, lipid, polyphenol and free sugars in the varieties of Myanmar water yam were higher than those in the varieties of Nagaimo (Dioscorea opposita) and Jinenjo (Dioscorea japonica), as reported previously. The water yam varieties in Myanmar showed genetically wide ranges of ingredient contents of tuber. Allantoin content of water yam varieties in Myanmar was lower than that of the varieties in Jinenjo and Tsukuneimo (D. japonica) as reported previously. Adenosine was identified in all the water yam varieties. The although lipid content of the triploid varieties was higher the relation of other ingredient contents to the ploidy level was not clear.
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.