ABSTRACT
This chapter reviews the evolving legal architecture implementing the CBD and Plant Treaty in the context of ex situ germplasm collections to identify the sources of IP norms affecting germplasm. This is important because accessing the germplasm and then using the materials to improve the food, feed and fibre is the first step in increasing the efficiency and effectiveness of production to deal with necessary increased global agricultural production. The chapter demonstrates that the existing international agreements establish some basic IP obligations. In implementing these obligations the various institutions are developing policy and guidance materials about how, where and when IP is to be addressed in negotiating access and benefit sharing. The Global Crop Diversity Trust has subsequently addressed these matters in its funding programs and decisions, including funding ex situ collections for various crops in Consultative Group of International Agricultural Research (CGIAR) Centers.
