Zugang zu Pflanzengenetischen Ressourcen für die ... - Genres

W. RITTER UND B. KOSAK
access to genetic resources? How are the respective compensation mechanisms to be valued?
Which of them are especially relevant for food and agriculture?
A distinction should be made between, on the one hand, genetic material of which the conservation
can be ensured by market mechanisms and, on the other hand, those genetic resources which must
be conserved with public funding because of low profit expectancies and should therefore be
publicly available. Genetic resources for food and agriculture belong mostly to the second group.
A multilateral system is recommended as compensation mechanism.
To which extent is a special provision for access to and use of genetic resources for food and
agriculture necessary and justified? This question is connected to the current negotiations for the
revision of the International Undertaking on plant genetic resources, attempting its harmonization
with the legally binding regulations of the Convention, which was approved in the course of the
discussion.
The question of access to genetic resources in ex-situ collections established before the Convention
entered into force, and the future significance of the principles of free access and mutual
exchange, were controversially discussed. With regard to the intensive international exchange of
samples, administrative rules seem difficult to realize. Moreover, they could lead to a substantial
restriction of the exchange of genetic material. It is therefore desirable to establish uniform
conditions for access to the genetic material of ex-situ collections regardless of the date of their
acquisition. This is however opposed to the demand of the developing countries that all genetic
material, including the collections established before the Convention entered into force, be placed
under their national sovereignty. However, for scientific and practical reasons, an international
network of genebanks within which genetic material can be freely exchanged should be strived for.
The last issue dealt with Farmers’ rights and encompassed the following questions: Which
elements are contained in the concept of „Farmers’ rights“ and how are they to be valued? How
should the concept be implemented? Which are the connections to the rights of the indigenous and
local populations, to Variety Protection and patent laws?
Because Farmers’ rights are no rights pertaining to individual persons, the fund should be used to
support groups, governmental and non-governmental organizations as well as programmes and
projects for the conservation of plant genetic resources. The implementation of Farmers’ Rights
for instance by establishing rules for farmers’ privilege was discussed.
Zusammenfassung der Diskussion
Die Diskussion konzentrierte sich auf Aspekte des Zugangs zu und der Nutzung von pflanzengenetischen
Ressourcen, die direkt für die Ernährung und Landwirtschaft von Bedeutung sind. Vor
dem Inkrafttreten der „Konvention über die biologische Vielfalt“ war der Zugang zu pflanzengenetischen
Ressourcen grundsätzlich nicht eingeschränkt. Gewisse - politisch bindende, aber