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Different sources give a variety of definitions for many of the terms given below. Some terms are specifically defined in the language of the agreements discussed in this book, such as in the CBD and the ITPGRFA, while other agreements, such as TRIPS, offer no definition of terms. Deciding what terms mean or whether to define them at all is itself part of the negotiating process. In many of the negotiations described in this book there was considerable debate over definitions, and the need to compromise influenced the often ambiguous wording of definitions such as 'plant genetic resources for food and agriculture' in the ITPGRFA (Bragdon, 2004). Not defining terms in an agreement offers greater flexibility – and uncertainty – in implementing it, as the terms may be defined differently in different jurisdictions. Definitions and their interpretation can be very important in determining whether intellectual property (IP) protection can apply or not.

Agricultural biodiversity or agrobiodiversity:'the variety and variability of animals, plants and micro-organisms used directly or indirectly for food and agriculture (crops, livestock, forestry and fisheries). It comprises the diversity of genetic resources (varieties, breeds, etc) and species used for food, fuel, fodder, fibre and pharmaceuticals.'^a It also includes the diversity of non-harvested species that support production (for example soil micro-organisms, predators and pollinators) and those in the wider environment that support agro-ecosystems (agricultural, pastoral, forest and aquatic), as well as the diversity of the agro-ecosystems themselves.

Another definition is that agricultural biodiversity encompasses the variety and variability of animals, plants and micro-organisms which are necessary to sustain key functions of the agro-ecosystem, its structure and processes for, and in support of, food production and food security.^b

Biological diversity or biodiversity: 'the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems' (CBD, Article 2). Diversity within and between species and ecosystems permits them 'to adapt to new pests and diseases and changes in the environment, climate and agricultural methods.'^c

Biological resources: 'genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity' (CBD, Article 2).

Biopiracy: see Chapter 7, pp146–149).

Biotechnology: biotechnology has been defined by many, in particular by the major proponents of modern biotechnology, as a process encompassing any technique that harnesses and uses living organisms, living or dead cells, and cell components to undertake processes for specific applications.^d With this broad definition, biotechnology can technically go back 10,000 years or earlier, to the origins of the domestication processes of plants and animals, and include things such as the selective breeding of crops and animals and the fermentation process involved in the production of bread. The CBD also adopted a broad definition: 'any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use' (Article 2). In this book,

'biotechnology' refers to modern biotechnology involving the specific use and application of recent novel technologies in the manipulation of living organisms, such as recombinant DNA technology and cell culture, tissue culture and embryonic transfer.

Cell line: 'cells removed from humans, or other organisms, that are manipulated to sustain continuous, long-term growth in an artificial culture. … Cell lines provide an inexhaustible supply of the DNA of the organism they are taken from.'^c

Centre of origin: 'a geographical area where a plant species, either domesticated or wild, first developed its distinctive properties' (ITPGRFA, Article 2).

Centre of crop diversity: In the ITPGRFA this means 'a geographic area containing a high level of genetic diversity for crop species in in-situ conditions' (Article 2).

Compulsory licence: 'a licence to exploit a patented invention granted by the state upon request to a third party, for instance in order to remedy an abuse of rights by the patentee'.^e

Copyright: 'exclusive rights of the creators of original literary, scientific and artistic works, which are created, without formalities, with the creation of the work and last (as a general rule) for the life of the creator plus 50 years (70 years in the US and EU). It prevents unauthorized reproduction, public performance, recording, broadcasting, translation or adaptation and allows for the collection of royalties for authorized use'.^e

Cross-licensing: 'mutual exchange of licences between patent holders'.^e

Disclosure of origin/source/legal provenance: see Chapter 7, pp159–160.

Ex-situconservation: literally means conservation 'off-site' or outside an organism's natural habitat, such as in gene banks or botanical gardens.^{a, c} In the CBD it means 'the conservation of components of biological diversity outside their natural habitats' (Article 2), and in the ITPGRFA it means 'the conservation of plant genetic resources for food and agriculture outside their natural habitat' (Article 2).

Ex-situcollection: 'a collection of plant genetic resource for food and agriculture maintained outside their natural habitat' (ITPGRFA, Article 2).

Farmers' rights: see Chapter 6, pp128–131.

Gene: the functional unit of heredity consisting of a sequence of DNA (deoxyribonucleic acid) that codes for a specific biochemical function in a living organism.^{c, f}

Gene bank: 'a form of ex-situ conservation for plant, seed, and animal germplasm. Gene banks are usually humidity- and temperature-controlled facilities where seeds and other reproductive materials are stored for future use in research and breeding programmes.'^c

Genera: 'a subdivision of a family that included one or more closely related species'.^f

Genetic engineering: experimental or industrial technologies used to manipulate and alter the genome (all the genes carried by a given organism) of a living cell so that it can produce more or different molecules than it is already programmed to make; also the manipulation of genes to bypass natural reproductive processes (normal or asexual reproduction).

Genetic erosion: 'the loss of genetic diversity within a population of the same species, the reduction of the genetic base of a species or the loss of an entire species over time'.^a

Genetic material: 'any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity' (ITPGRFA, Article 2).

Genetic resources: 'genetic material of actual or potential value' (CBD, Article 2).

Genomics: 'the scientific discipline of mapping, sequencing and analysing genomes' ('all of the genes carried by a given organism').^{e, f}

Germplasm: 'the total genetic variability, represented by germ cells or seeds, available to a particular population'.^c

Hybrid varieties: see Chapter 2, pp29–30.

Intellectual property rights (IPRs): 'rights awarded by society to individuals or organizations over inventions, literary and artistic works, and symbols, names, images and designs used in their commerce. They give the titleholder the right to prevent others from making unauthorized use of their property for a limited period'^e (see also Chapter 1, pp11–17).

In-situ conservation: literally means conservation 'on-site': in the wild or on farmers' fields. In the CBD and ITPGRFA it has the same meaning: 'the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties' (Article 2 in both agreements).

Landraces, folk varieties or farmers' varieties: 'a crop cultivar or animal breed that evolved with and has been genetically improved by traditional agriculturalists, but has not been influenced by modern breeding practices'.^e

Living modified organisms (LMOs): see Chapter 5, p106–110.

Micro-organism: in practice, there is no common scientific definition. The defining property is the microscopic size of the organisms. It is used as a term that frequently includes bacteria and cyanobacteria, archaea-bacteria, algae, protozoa, slime moulds, fungi, bacteriophages, plasmids and viruses.^g Given the 'very flexible interpretation given to the concept of patentable subject matter in some developed countries'^h for patent protection, the term micro-organism is often applied to other types of biological material, including cell lines of plants and animals and human genetic materials.^c

Open-pollinating variety: 'a variety multiplied through random fertilization; as opposed to a hybrid variety'.^a

Open source: 'products such as software, publications or genetic material in which the source is made publicly available'e (see also Chapter 8, p193).

Patent: 'an exclusive right awarded to an inventor to prevent others from making, selling, distributing, importing or using their invention, without licence or authorization, for a fixed period of time. In return, society requires that the patentee discloses the invention to the public. There are usually three requirements for patentability: novelty (new characteristics which are not prior art), inventive step or non-obviousness (knowledge not obvious to one skilled in the field), and industrial applicability or utility (US)'^e (see also Chapter 1, pp20–23 and Chapter 3, p54–64).

Plant breeders' rights (PBRs): 'rights granted to breeders of new distinct, uniform and stable plant varieties. These normally offer protection for at least twenty years. Most countries have exceptions for farmers to save and replant seeds on their holdings, and for further research and breeding'^e (see Chapter 2, pp27–37).

Plant genetic resources for food and agriculture (PGRFA): 'any genetic material of plant origin of actual or potential value for food and agriculture' (ITPGRFA, Article 2).

Plant variety or cultivar: 'in classical botany, a variety is a subdivision of a species. An agricultural variety is a group of similar plants that by structural features and performance can be identified from other varieties within the same species'.^a In the ITPGRFA it means 'a plant grouping, within a single botanical taxon of the lowest known rank, defined by the reproductive expression of its distinguishing and other genetic characteristics' (Article 2). In UPOV the definition has been revised to contain a more detailed definition (see Chapter 2, page 37) to distinguish 'plant varieties' which cannot be patented but to which PBRs can be applied from a 'plant' which can be patented in some jurisdictions.

Prior art: 'publications or other public disclosures made before the filing (or priority) date of a patent application and against which the novelty and inventiveness of the invention in the patent application is judged'.^e In some jurisdictions only prior art within that jurisdiction is recognized, or only prior art in certain forms (for example written but not oral).

Prior informed consent (PIC): 'the consent given by any party to an activity after being fully informed of all material facts relating to that activity. The CBD requires that access to genetic resources shall be subject to PIC of the country providing the resources.'^e

Search: 'a search of the prior art by a patent examiner, which brings to the patent applicant's attention documents which are thought by the patent examiner to establish whether the invention in the patent application is novel and inventive. Primary search material is the disclosure in other patent applications, but all forms of prior art, in principle, should be covered.'^e

Species: 'a group of closely related individuals, usually interbreeding freely; the unit of classification (taxon) below genus'.^h

Sui generis: 'Latin expression meaning "of its own kind". A sui generis system of protection, for example for traditional knowledge, would be a system of protection separate from the existing IP system.'^e

Sustainable use: 'the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations' (CBD, Article 2).

Trade secret: see Chapter 1, pp19–20. 'Commercially valuable information about production methods, business plans, clientele and so on. They are protected as long as they remain secret by laws which prevent acquisition by commercially unfair means and unauthorized disclosure.'^e

Trademark: 'exclusive rights to use distinctive signs, such as symbols, colours, letters, shapes or names, to identify the producer of a product and protect its associated reputation. The period of protection varies, but a trademark can be renewed indefinitely.'^e(See also Chapter 1, p12 and Chapter 8, p173.)

Traditional knowledge (TK): 'whilst there is no generally acceptable definition, TK includes, for example, tradition-based creations, innovations, literary, artistic or scientific works, performances, and designs. Such knowledge is often transmitted from generation to generation and is often associated with a particular people or territory.'^e

Transgenic organism: 'any organism that has been genetically engineered to contain a gene from another organism, usually a different species'.^c

TRIPS-plus: in principle, this refers to commitments that go beyond those already included or consolidated in the TRIPS Agreementi (see also Chapter 7, pp142–146).

Sources: ^a Vernooy (2003);

^b FAO (1999); see also the UKabc website:www.ukabc.org;

^c RAFI and CBDCP (1996);

^d Mannion (1995);

^e IPRs Commission (2002);

^f Lappé and Bailey (1998);

^g Adcock and Llewelyn (2000);

^h Jensen and Salisbury (1984);

ⁱ Vivas-Eugui (2003).

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