Articles
ACCESS TO BIODIVERSITY: NEW RULES OF THE GAME
Article number
836_1
Pages
15 – 18
Language
English
Abstract
Plant breeders, including plant breeders of ornamental crops, are dependent on genetic resources for the development of improved varieties.
In the past the use of genetic resources was not regulated, access was free and genetic resources were considered a world heritage.
Under the Convention on Biological Diversity CBD), ratified in 1993, genetic resources were no longer considered a world heritage, but were governed by the principle of national sovereignty.
This resulted in entirely new basic rules for Access and Benefit Sharing (ABS), which still need to be further elaborated and implemented.
In 2004 the International Treaty on Plant Genetic Resources for Food and Agriculture (IT) was ratified.
A so-called multilateral system for a limited list of plant species for food and agriculture is part of the IT. The ABS arrangements for the genetic resources that are part of the multilateral system are regulated through a Standard Material Transfer Agreement, which was approved in 2006. Through this agreement access is possible under reasonable standard benefit sharing arrangements.
Most importantly, the breeders exemption is recognized as a benefit on its own, and in that case mandatory payments to the IT for the use of the genetic resources are not required.
The species not falling under the multilateral system of the IT, including all ornamental species, fall automatically under the regime of the CBD. So, legal access to genetic resources of ornamental species can only be managed by bilateral agreements with the relevant national competent authorities of each specific country.
Legal access to valuable genetic resources for plant breeding not falling under the multilateral system of the IT is complex, if not impossible.
However, both private and public breeders are responsible to take the necessary measures to have legal access to genetic resources, and possibly have to accept that some genetic resources are not (yet) available.
As an international regime does not yet exist, ornamental breeders should strongly advocate for a workable ABS regime, which will re-establish efficient and fair access to these valuable resources.
In the past the use of genetic resources was not regulated, access was free and genetic resources were considered a world heritage.
Under the Convention on Biological Diversity CBD), ratified in 1993, genetic resources were no longer considered a world heritage, but were governed by the principle of national sovereignty.
This resulted in entirely new basic rules for Access and Benefit Sharing (ABS), which still need to be further elaborated and implemented.
In 2004 the International Treaty on Plant Genetic Resources for Food and Agriculture (IT) was ratified.
A so-called multilateral system for a limited list of plant species for food and agriculture is part of the IT. The ABS arrangements for the genetic resources that are part of the multilateral system are regulated through a Standard Material Transfer Agreement, which was approved in 2006. Through this agreement access is possible under reasonable standard benefit sharing arrangements.
Most importantly, the breeders exemption is recognized as a benefit on its own, and in that case mandatory payments to the IT for the use of the genetic resources are not required.
The species not falling under the multilateral system of the IT, including all ornamental species, fall automatically under the regime of the CBD. So, legal access to genetic resources of ornamental species can only be managed by bilateral agreements with the relevant national competent authorities of each specific country.
Legal access to valuable genetic resources for plant breeding not falling under the multilateral system of the IT is complex, if not impossible.
However, both private and public breeders are responsible to take the necessary measures to have legal access to genetic resources, and possibly have to accept that some genetic resources are not (yet) available.
As an international regime does not yet exist, ornamental breeders should strongly advocate for a workable ABS regime, which will re-establish efficient and fair access to these valuable resources.
Publication
Authors
O. de Ponti, A. van den Hurk
Keywords
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