An Evaluation of the Iraqi Draft Law on the Protection and Exchange of Plant Genetic Resources for Food and Agriculture

 

Nihaya Khalaf
Lecturer in Law,
Al Salam University Ltd. Company,
Kuwait
nalshati7@gmail.com

   
 

This paper analyses the Iraqi Draft Law on access and benefit sharing in order to identify policy options for improvement. It specifically looks at the way Iraq is responding to the implementation of the International Treaty on Plant Genetic Resources for Food and Agriculture )ITPGRFA) and  its Multilateral System (MLS), and addressing challenges of implementing complimentary international obligations such as those under the Convention on Biological Diversity (CBD) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In doing so, it asks the question of whether the draft legislation will contribute to food security and sustainable agriculture in Iraq. It cannot be overlooked that the legislator became embroiled in a challenging area of law and that the draft provisions barely address the various difficulties and implications involved. The broad scope of the Draft Law is no doubt difficult to implement within the current technological, institutional and legal capacities of Iraq. While the law is in line with the implementation of the ITPGRFA, its scope of application covers access to plant genetic resources subject to the CBD and to the Nagoya Protocol. The Draft Law does not prohibit claims to intellectual property rights over plant genetic resources accessed for the purposes of the MLS, and commercial purposes.

 

CBD, farmers rights, Iraq’s law on the protection and exchange of PGRFA, Iraqi Law, ITPGRFA, NP, Plant genetic resources.

 


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