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League for Pastoral Peoples and Endogenous Livestock Development,
Annual Report 2006 2
its, and that any further attempt to raise milk yields will amount to cruelty.
Animal welfare organizations concerned about cloning and genetic engi-
neering are also joining the fray.
At a LPP-organized conference in Bellagio, Italy, experts from 17 countries
expressed alarm that patenting on genes may restrict community-based
breeding by farmers and pastoralists, and thereby negatively affect not only
livelihoods, but also development of genetic diversity. In the run-up to the
Interlaken conference, LPP and the LIFE Network have therefore cam-
paigned intensively for "Livestock Keepers' Rights". Developed over a se-
ries of workshops with pastoralists and other livestock keepers, these are a
bundle of rights and principles that would ensure that farmers and pastoral-
ists remain active stakeholders in livestock breeding, even in the face of
overpowering competition by livestock industries.
So developing countries, NGOs and animal welfare organizations are lining
up on one side, and developed countries and big business on the other.
With such powerful fronts building up, one might predict deadlock at Inter-
laken.
Types of intellectual property rights
Unfortunately the debate is not always very informed ­ so it is helpful to
explain a little. First of all, it is not correct to equate IPRs just with patents.
There are other types of IPRs too, and some of them have the potential to
strengthen and support small-scale producers and rural development. The
different types of IPRs relevant to animal genetic resources include trade
secrets, patents, trademarks, and geographical indications.
·
Trade secrets are very common in industrial poultry breeding, and
in pig production too. By keeping tight control over their original
lines and distributing only hybrid animals, a small number of trans-
national companies closely guard the progress of more than 20
years of scientific breeding.
·
Patents are quite new to the farm animal sector. The rationale for
patents is to encourage innovation, research and development. But
are they really useful for animal breeding? They also establish "a
significant body of exclusive rights with substantial impact on the
use of [animal genetic resources] by researchers, breeders, and
farmers".
2
Plus, how much research that is patentable (such as
cloning and genetic engineering) actually supports the sustainable
management of animal genetic resources and is in line with animal
welfare needs? On the other hand, there may be instances where
smallholders see selection by means of genetic markers (a pat-
entable invention) as positive. One example is the possibility to
weed out sheep with the scrapie gene ­ testing for which has be-
come mandatory in the European Union.
·
Trademarks are
signs that distinguish the goods or services of
one undertaking from those of others. They are the
most com-
monly used type of IPR with respect to livestock products. Well-
known examples are Angus certified beef, Kentucky Fried Chicken
or McDonald hamburgers.
·
Geographical indications identify the specific geographical origin
of a product, along with its associated qualities, reputation or other
characteristics. They usually include a place name ­ such as Par-
mesan cheese, Feta cheese and Bresse chicken. Cheese or chick-

2
Hiemstra, S.J., A.G. Drucker, M.W. Tvedt, N. Louwaars, J.K. Oldenbroek, K. Awgichew, S.
Abegaz Kebede, P.N. Bhat and A. da Silva Mariante. 2006. "Exchange, use and conservation
of animal genetic resources: Policy and regulatory options". CGN Report 2006/06, Centre for
Genetic Resources, Wageningen University and Research Centre.
Not just patents!
IPR, the shorthand for "intellec-
tual property rights", covers vari-
ous types of intellectual property:
o
Trade
secrets
o
Patents
o
Trademarks
o
Geographical
indications
o
Copyrights