ETHICAL GERMPLASM ACQUISITION AND DEVELOPMENT OF NEW FLORICULTURAL CROPS

New floricultural crops have been developed and continue to be developed from germplasm collected worldwide. In many instances, the countries of origin of the material used in the development of new crops are unaware of this development and receive no compensation. The Convention on Biological Diversity (CBD) has set guidelines for germplasm collection and development which require, among other things, prior informed-consent and benefits-sharing with countries of origin. The Ball Horticultural Company, an international, family-owned company involved in development, production, and distribution of floricultural crops for nearly 100 years, entered into an agreement in 1999 with the National Botanical Institute (NBI) of South Africa, based at the world-famous Kirstenbosch Botanic Garden, for development of South African germplasm following CBD guidelines. To our knowledge, this is the only agreement of its kind. This agreement requires close cooperation between Ball and the NBI. Ball provides financial support for facilities development and collecting expenses, guidance regarding germplasm likely to be useful in floricultural crop development, and technology transfer, including hosting interns and presenting seminars in South Africa. The NBI identifies appropriate collection locations, collects germplasm using approved procedures, ensures all South African regulations are followed during collection, propagates the material, makes a preliminary evaluation, and sends germplasm to Ball for evaluation. Intellectual property rights of developed material are owned either by Ball, the NBI, or jointly held. In all instances Ball returns royalties to the National Botanical Institute. These royalties are then distributed to appropriate stakeholders in South Africa. While the agreement has been generally well accepted, it has not been without controversy.

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