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Tab. 3 : International agreements which influence legal status of germplasm
Agreement Concept Access questions
A. IBPGR
Register of
Crop
Germplasm
Base
Collections
B. International
Undertaking
(FAO, 1993)
International
Network of Ex-
Situ Collections
Safe and long-term storage on
global or regional level, under
agreed storage conditions, safety
duplication and adequate
regeneration.
1983: Heritage of mankind
1989: Farmers' Rights and Plant
Breeders' Rights
1991: National sovereignty
1993: Common concern
1993: Code of Conduct for Plant
Germplasm Collecting and Transfer
Models to place germplasm under
the jurisdiction or auspices of FAO
Free availability from active collections or, if
no longer available, from base collections
Unrestricted to bona fide users on mutually
agreed terms
Unrestricted or at breeder's discretion;
compensation to farmers or farming
communities for their past and present
contributions
Free does not mean free of charge;
more restrictive; harmonization with CBD
• Model A: under FAO's jurisdiction and
ownership. This model has been dropped
• Model B: under jurisdiction of FAO;
government acts as custodian on behalf of
FAO; prominent role of FAO. This model has
also been dropped
• Model C: under FAO's auspices, but owned
by respective government or institute, extended
role of FAO
• Model D: under auspices of FAO, ownership
by government and limited role of FAO
• Agreement with CGIAR Centres (trusteeship)