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4 Institutional Frameworks for the Exchange and Utilization of PGRFA
information, as was suggested by Lesser and Kraittiger (1993). One successful
example is the "International Service for the Acquisition of Agri-Biotech
Applications" (ISAAA), which as an institution is playing the role of "an honest
broker" between the different interest groups in technology transfers (van Zanten,
1996).
4.4.4
Determinants for the Development of Different Exchange Systems
and Their Funding
Whereas the pharmaceutical industry competition for access to genetic resources
is leading to the negotiation of bilateral contracts between large corporations and
national governments, the agricultural sector appears to be moving towards a
further consolidation of the existing multilateral system because of its structure
and the high transaction costs entailed therein (Cooper et al., 1994).
The bilateral and the private exchange system of PGRFA may emerge from this
system in the long run, after further development in the patent law and in property
rights in general as well as in technology for the enforcement of any rights42.
Furthermore, it will eventually be difficult to establish an exchange system
recognized overall because of the heterogeneity of developing countries. The
uneven distribution of agrobiodiversity among developing countries and the
different grade of technology development discloses the fundamental controversy
over internalization or compensation for the access to PGRFA.
Each country will favor an exchange system depending on its stock on PGRFA
as well as on its ability to utilize their ex and in situ maintained plant genetic
resources. The national capacity of genetic resources utilization depends on the
country's technological state of crop improvement programs at present and in the
future. Knowledge, infrastructure, and financial potential for meeting the
requirements of further breeding activities, are the main determinants, which differ
from country to country. Consequently, the prospects for the technological
capacity for utilization of plant genetic resources in countries are diverse.
According to their breeding capacity and the availability of genetic resources
the national utilization potential differs greatly from one country to another, which
suggests a classification into 8 groups of countries. Countries can be roughly
grouped into plant genetic resources rich and poor countries 43 , as well as into 4
categories corresponding to the different levels of development of crop
42
Basically, the techniques are now available to utilize molecular markers in the context of
variety protection (van Laecke et aI., 1995). Further development of molecular techniques
will theoretically improve the level of distinction and allow researchers to distinguish even
between closely related cultivars. This may allow the identification of essentially derived
varieties (Semon, 1995). Hence, modern techniques may prove to be useful in determining
the probable identity and origin of landraces, genotypes and genes. However, it is unlikely
that these techniques can be utilized in the context of agreements for access to PGRFA due to
the inherent great variability in most landraces and populations (FAO, 1995) .
., See Chap. 3.1 for the concept of agrobiodiversity-rich and poor countries.
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