ACCESS AND BENEFIT-SHARING UNDER THE CBD – WHAT CONSEQUENCES MIGHT AN INTERNATIONAL REGIME HAVE FOR THE HORTICULTURAL SECTOR?

Internationally Access and Benefit-Sharing (ABS) Regimes based on the Convention of Biological Diversity (CBD) regulating access and utilization of genetic resources are under discussion.
Some countries already adopted the respective laws but also an International Regime (IR) is likely to be established over the coming years.
Access to genetic resources is becoming more difficult and subject to formalized administrative procedures, provider countries would like to participate by different means from the benefits generated by utilization of the genetic resources.
The details of an IR are still under discussion (for example its scope, nature, and single instruments like an obligation for disclosure in patent and PVR-applications and introduction of international certification), as well as questions like its cost-benefit ratio and how it could at all be organized in a manageable, transparent and legal certainty guaranteeing way.
But for the sector of breeding vegetatively reproduced ornamental and fruit varieties profound arguments support the thesis, that here the system is already balanced and no additional instruments are needed to reach the goals of the CBD. Quite contrary, more formalized procedures might even harm these goals.

XXIII International Eucarpia Symposium, Section Ornamentals: Colourful Breeding and Genetics

B. Lorenzen

convention of biological diversity, access and benefit-sharing, vegetatively reproduced ornamental and fruit plants, UPOV, breeders’ exemption, PIC, MAT

https://doi.org/10.17660/ActaHortic.2009.836.2