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Index Plant genetcs Marker assisted breeding intellectual property rights

Ethical and ecological aspects of industrial property rights in the context of genetic engineering and biotechnology

On this page:

  1. Introduction
  2. Benefits and risks of genetic engineering and biotechnology

By Klaus M. Leisinger

1 Introduction


Genetic engineering and biotechnology1 are considered to be amongst the most powerful and economically promising technological means for use in many areas. To discuss "Ethical and Ecological Aspects of Intellectual Property Rights in the Context of Genetic Engineering and Biotechnology" in a meaningful way is as impossible as to analyze the benefits and risks of genetic engineering and biotechnology in general. One would have to make reference to health, agricultural and industrial as well as environmental problems, look at things from a biological, economic and social as well as cultural point of view and, last but not least, discuss every issue involved in the context of industrialized and developing countries and against background of disparate value premises. Each one of these different aspects raises highly controversial issues for the discussion of which one would have to organize whole seminars - and still depart with divergent views.

Even a discussion limited to one particular aspect, e.g. the ethical aspects of intellectual2 property rights in the context of genetic engineering and biotechnology for developing countries, touches on too many highly complex issues to allow a meaningful conclusion in today's lecture. The collective term "developing countries" is itself already too sweeping: It takes in countries so different in economic and social terms and neglects such important specific political and cultural circumstances as to preclude generalizations.

Hence, focusing becomes an absolute necessity for any fruitful discussion.

1.1 Circumscribing our focus

We will focus our discussion on the ethical aspects of intellectual property rights in the context of genetic engineering and biotechnology in food crops of developing countries.

This focus is warranted by the fact, that after 40 years of national and international development endeavors, hunger is still a reality for over 800 million poor people and food security still remains one of the most desirable objectives of sustainable development.3 The United Nations Food and Agriculture Organization (FAO) has estimated that it will be necessary to double overall agricultural production (i.e. not only food output) by the year 2000 in order to meet the needs of growing populations. According to FAO, this will require a virtual "agricultural revolution" through massive investments in new technologies and inputs as well as an increased awareness of the need to preserve resources.4 The coming World Food Summit (Rome, November 1996) will conclude, that sustained improvements in the area of food security will necessitate poverty-oriented development policy, social reforms - and appropriate technological innovation. Of course, appropriate technological innovation comprises much more than just genetic engineering and biotechnology, but in the opinion of an international conference of experts convened by the World Bank, UNDP and FAO, a solution to the problem of securing world food supplies while preserving the environment is today inconceivable without recombinant genetics and biotechnology.5

Before we start our discussion, one principal question has to be answered: Are intellectual property rights in the context of genetic engineering and biotechnology in food crops of developing countries so unique and distinctive as to necessitate an ethical analysis which is different from one of other technologies?

1.2 Intellectual property rights in the context of genetic engineering and biotechnology: a unique subject for moral reasoning?

If one excludes human genes and human gene therapy, there are - at least in my judgment - no distinctive and unique ethical aspects of intellectual property rights in the context of genetic engineering and biotechnology and their application on food crops in developing countries.

With regard to technical safety issues as well as to the impact on the common good, the ethical analysis of genetic engineering and biotechnology is comparable to that applicable to other potent technologies and their transfer to developing countries. The questions that must be asked are therefore the same as with other technologies and their implementation in poor societies.

What are the risks and what the benefits of genetic engineering and biotechnology in food crops of developing countries, and what is the role and weight of intellectual property rights in this context? Who can derive advantage from the benefits and who bear the risks? What are the moral responsibilities accruing to the different stakeholders?

Having identified the issues and the prospective controversies, we will suggest ways and means to minimize ethical conflicts and maximize social compatibility and recommend models for cooperation between the different stakeholders.

2 Benefits and risks of genetic engineering and biotechnology in the agriculture of poor countries

Neither intellectual property rights nor genetic engineering and biotechnology are ends in themselves - they are tools to accomplish particular economic and social ends. Ethics in the sense of moral philosophy analyses practices and activities with a view to their morality. Questions raised in the moral context concern the consequences for the common good as well as for the duties and obligations incumbent on the different stakeholders. The precepts deriving from moral reasoning differ between ethical schools. However, there is a broad common denominator, namely of doing things in ways that neither intend nor do direct or indirect harm to others.

In order to form an opinion on whether a technology promises on balance to contribute to the common good or whether it may inflict significant harm on society and its members, one must first analyze that technology's potential and real benefits and risks.

Where do intellectual property rights come in? Intellectual property rights such as patents are statutory rights which prevent imitation for a limited time. They are thus a legal instrument to protect an inventor's investments in his or her innovation. One of the requirements for patenting is public disclosure of the invention - a procedure which serves to increase the availability of scientific and technical knowledge. Such information may also be used by others for further inventions.

The protection of an inventor's investment in innovation promotes scientific progress and innovation by abetting the quest for better answers to given problems in the health, agricultural and industrial sectors. Comparing nations with and without intellectual property rights, there is no doubt that not only the inventor but also society at large benefits from patents. In the long run consumers tend to be the major beneficiaries. Intellectual property rights in the context of genetic engineering and biotechnology for food crops in developing countries do not differ basically from patents in other areas.6 So if the issue of compensatory justice can be decided affirmatively, the outcome of an ethical analysis of intellectual property rights will mainly depend on a benefit-risk-analysis of genetic engineering and biotechnology.

Not surprisingly in light of the issue's complexity, our benefit-risk-analysis will not provide simplistic black-and-white answers. We shall discover that there are benefits and risks and these have to be weighed against each other in order to determine whether the positive or the negative impact is more pronounced. If the benefits accrue to different societal groups than to the risks, we will have to make explicit whose benefits and whose risks carry what weight for the ethical analysis. This cannot be done without explicit individual valuations. As Willy Brandt once said, "Development will never be, and never can be, defined to universal satisfaction. It refers, broadly speaking, to desirable social and economic progress, and people will always have different views about what is desirable".7

The social and economic progress that I consider desirable has the following characteristics:
  • It contributes to the satisfaction of basic needs and increases the economic productivity of all members of a society.
  • In pursuing economic efficiency and growth, the preservation of natural resources (land, air, water, raw materials, species) remains an explicit and valuable policy objective.
  • It - at least in the long run - helps to reduce social inequalities with respect to income, property, and opportunities. In the short run, the minimum condition is that if the "rich" get richer, the "poor" get less poor.8
It is against this background that the risks and benefits of genetic engineering and biotechnology in food crops of developing countries as well as the role of intellectual property rights will be weighed.

2.1 Benefits


2.1.1 The theory
The spectrum of potential benefits from the application of genetic engineering and biotechnology to food crops in developing countries ranges from diagnostic aids, for example in plant diseases, through to gene mapping, where the genetic characteristics of plants are visibly cartographed, enabling speedier identification of interesting genetic material for every kind of plant usable in agriculture.9 The main objective is to find improved seed varieties, i.e. varieties with properties such as resistance to or tolerance of plant diseases (fungi, bacteria, viruses) and animal pests (insects, mites, nematodes) as well as to so-called stress factors such as climatic variation or aridity, poor soil quality, crop rotation practices, and others. The idea of genetic engineering, then, is not to invent freakish hybrids but rather to improve certain properties of important cultivated plants.

An equally important goal of research is the transfer of genes with nitrogen-fixing capacity onto grain. Ideally, seed varieties which result from such research endeavors should lead to the cultivation of plants which fit into the concept of "sustainable" agriculture, i.e. they should not abet erosion or leaching of the soil. To complete the packet of desiderata, a variety should afford dependable or even high yields at low production costs.

The big edge that recombinant genetics has over conventional breeding is that the desired properties can be systematically sought, identified, extracted ("snipped") from a plant or almost any other organism, and within a relatively short time transferred ("spliced") to another plant. The result is the same as that achieved with conventional methods, but without the costly and time-consuming cross-breeding they involve.

In addition, gene technology has the capability to provide growers with a greater diversity of hardy plant varieties by transposing properties from one species to another - a further advantage it has over conventional methods. For example, the resistance to such and such a pest possessed by a variety of bean can be built into maize. To a substantial number of researchers, biotechnology - especially agricultural biotechnology - presents huge opportunities for international development.10 It is obvious that the realization of these possibilities is expected to be of substantial advantage to the farmers and hence to the rural communities as a whole.11

2.1.2 The reality
Today a significant part of this theoretical potential is on its way to practical realization. Some potentialities have already been realized: Several case studies show that over the past years biotechnology and - so far only to a lesser extent - genetic engineering have made possible marked concrete advances in the direction of higher food security, be it through resistance to fungal and viral diseases in major food crops or through improved plant properties.12 The development of new plant protection techniques with the aid of genetic engineering and biotechnology (primarily transposing selected traits of Bacillus thuringiensis into crops) has already led to noteworthy progress in respect of the environment and lessened dependence on chemical weapons.13

Especially where arable land is getting to be scarce and the use of fertilizers and plant protection agents is nearing the ecologically tolerable limit, genetic engineering and biotechnology, by providing novel products and mechanisms of action, can indeed bring farmers closer to solving some of the present agricultural problems14 - problems either not solvable with traditional technologies or else only with a far greater expenditure of time.15 No one can add to the area of arable land available on earth. But with the aid of new plants "made to measure" using gene technology and with biotechnological methods it is possible to wrest more food from the land we have with less energy input (fertilizers) and less problematic plant protection.

Based on the empirical evidence already compiled by the International Labor Organization (ILO) on the effects of biotechnological and gene-technological interventions in Third World agriculture, the ILO draws the conclusion that the positive impact could prove more far-reaching than that resulting from the application of present-day mechanical and chemical technologies.16

In spite of the widely uncontested favorable potential of genetic engineering and biotechnology, the climate of opinion in the industrial countries remains sceptical, even to the point of rejection. This has to do with the following perceived social and ecological/biological risks:
  • dangers to public health and environmental safety;
  • aggravation of the prosperity gap between North and South, and
  • growing disparities in the distribution of income and wealth within poor societies, as well as
  • loss of biological diversity.
All of these risks have ethical relevance.

2.2 The risks

There is a wealth of scientific and popular discussion concerning the risks of genetic engineering and biotechnology.17 To a great extent, it can be compared to the earlier discussion about the "green revolution", an agricultural technology consisting of high yielding varieties, fertilizers, irrigation, pest control and mechanization.18 The improved seeds of the green revolution of the 1950s and 1960s were developed through systematic selection and crossing (hybridization) with the objective of increasing the production volume and avert famines, particularly in Asia.19 Despite undisputed successes in achieving a much higher volume of food production and the overall positive employment effect,20 there was (and sometimes still is) vociferous criticism making the green revolution responsible for growing disparities in poor societies and for the loss of biological diversity.21

The current public debate on the "gene revolution" often suffers - like that centered on the "green revolution" - from a failure to differentiate between the risks inherent in a technology and those that transcend it. This differentiation is of utmost importance in any attempt to reason out the matter on moral grounds.

Technology-inherent risks arise when a technical action plan is designed to improve an existing situation, but then during the research or implementation phase unforeseeable problems and unwanted "side effects" crop up. Technology-inherent risks related to genetic engineering and biotechnology in food crops of developing countries would arise if genetically engineered organisms interacted differently than expected in the new environment and caused biological damage or put human life or health in jeopardy. The extend of such risks would be incalculable, were the interactions to prove irreversible and cumulative. Specialists refer to this category of risk as the risks to biosafety.22

Technology-transcending risks are of an altogether different nature:
Technology-transcending risks emanate from the application of a technology in certain political and social circumstances. In developing countries these risks spring from both the course the global economy is taking and country-specific political and social configurations. The most critical fears in this connection have to do with three socio-political and ecological concerns:
  • Aggravation of the prosperity gap between North and South, e.g. through possible substitution of tropical agricultural exports with genetically engineered products, as well as the exploitation of indigenous genetic resources of the South without appropriate compensation by the North.
  • Growing disparities in the distribution of income and wealth within poor societies because the privileged classes (by dint of better education or stronger financial position) profit earlier and more from the introduction of powerful technologies than do the socially disadvantaged. This problem accompanies every innovation, of course, but the high potency of genetic engineering and biotechnology stirs fears that the negative effects on development may prove specially severe.
  • Loss of biodiversity, as farmers will increasingly use the small number more productive genetically engineered varieties instead of the many thousands of traditional local varieties they have previously used.
In light of the growing disparities within specific poor societies or between developed and developing countries,23 the dwindling competitiveness of a great many poor countries and the ongoing loss of biological diversity,24 very serious heed must be paid to these concerns. Global sustainable development cannot be achieved with growing social disparities and a shrinking ecological Foundation.

2.2.1 Technology-inherent risks: Dangers to public health and environmental safety
A number of scientists and laymen perceive the risk that genetically engineered organisms could interact in the foreign environment into which they are released (by accident, for field-testing or production) other than theoretically expected by mainstream scientists and cause incalculable biological damage, including harm to human life or health. This perception depends on the hypothesis that genetically engineered organisms entail problems that are structurally different from conventionally altered organisms, a difference that could lead to an irreversible vicious circle. This issue of biosafety is a biological sub-issue of the common good discussion, as ecological and health harm of such magnitude would undoubtedly have negative economic and social consequences.

The evaluation of biosafety risks is normally done by science specialists and controlled by good scientific practices and an appropriate regulatory framework. There is a wealth of scientific literature on the deliberate release of plant pathogens, soil microbes and plant and animal symbionts into either new habitats or into areas where the potential for significant harm exists. Yet no major disasters have occurred, and today there is a broad consensus amongst scientists that much of the concern about the release of recombinant organisms is unwarranted.25



Their judgment supports the early principle of the US National Academy of Science that the safety assessment of a recombinant DNA-modified organism should be based on the nature of the organism and the environment into which it will be introduced, not on the method by which it was modified.26 As a social scientist, I am not competent to pass judgment on matters of biosafety. But I do have confidence in substantial majority opinion of natural scientists and therefore refrain from any further comment.

From an ethical point of view there is, however, one demand to be made. In as much as risk assessments of the technology-inherent kind can be controversial, it must be insisted that research and experimentation involving potential technology-inherent risks be carried out under the best biosafety conditions possible and the most stringent regulatory framework available. Although there has been significant progress with regard to the state of the art of biosafety in a number of countries, poor developing countries should not become the testing ground for potential technology-inherent risks.27 The export of risks from technologically highly developed countries into poor countries is illegitimate, even were local law to permit it.

2.2.2 Technology-transcending risks
The technology-transcending risks that need to be discussed in the context of genetic engineering, biotechnology and intellectual property rights in food crops of developing countries are as noted below:

  • aggravation of the prosperity gap between North and South
  • growing disparities in the distribution of income and wealth within poor societies, and
  • loss of biodiversity.
A. Aggravation of the prosperity gap between north and south


What is usually discussed under this heading is an international trade issue of a very general nature, i.e. economic risks for (some!28) developing countries due to a loss of export opportunities. With genetic engineering and biotechnology it will become possible to produce in the laboratory or in temperate zones goods that have hitherto been grown exclusively in the tropics. This prospect gives rise to concerns that the resultant competitive edge could drive a number of tropical products off the market. The example commonly used to shed light on this issue is the production of vanilla aroma in the laboratory using biotechnological techniques, with existence-threatening effects on several tens of thousands of vanilla-producing small farmers in poor African countries.

Similar but even more far-reaching consequences could materialize in connection with cocoa. Genetically improved cocoa varieties could not only result in higher yields and a concomitant drop in prices. They could also lead to the dislodging of smallhold production in the poor West African countries by plantation-scale farming in the newly industrialized economies of Asia. A comparable outcome might happen with vegetable oils.

Furthermore, countries like Cuba or Mauritius, which depend on sugarcane for a decisive share of their export earnings, could find themselves extremely hard-pressed should industrial manufacture of the low-calorie protein sweetener thaumatin or similar substances come broadly to supplant sugarcane.29 The story of thaumatin is one that fits very much into the context discussed here. Some 10 years ago. Nigerian researchers at the University of Ife identified the sweetener thaumatin in the berries of Thaumatococcus danielli, which is common in the forests of that part of Nigeria. At that time, no industry was interested in using the fruit as a sweetener. With the advent of biotechnological possibilities, the gene for thaumatin - which is a protein weight-for-weight some 1,600 times sweeter than sugar - has been cloned and is now being used for the industrial production of sweetener in the confectionary industry. Patents on the process have been registered, but the people from whose lands the gene was obtained never received any compensation.

Where genetic engineering and biotechnology in food crops of developing countries is concerned this category of risks is not of importance, as the farmers who grow food crops are not in danger of being threatened by genetically engineered substitutes for their crops.30 Nevertheless the risk of aggravation of the prosperity gap between North and South must be addressed because of its tremendous importance: From a holistic political perspective it cannot make sense to uncouple the North from the agricultural raw materials of the South, for this would plunge a large part of humanity into dire misery. It is incompatible with sustainable development and hence a peaceful future for all the inhabitants of our planet if life goes on getting better for a relatively small segment of the world's already affluent population, while for billions of others their already skimpy living standard stagnates or even shrivels.

In the perspective of economic rationality, however, it has to be expected that superior goods will conquer the market. Copper can serve as an example. Its price is determined by the metal's electrical conductivity. Once electric current can be conducted cheaper and better by glass or carbon fibre, for instance, copper will in due course no longer be used for this purpose - with corresponding consequences for demand and thus price. The substitution will take place even though crumbling prices may lead in countries like Zambia or Chile to mass unemployment, with all the human distress it brings.

The same market "logic" tells us to expect that if "lab vanilla" or "lab sugar" should prove cheaper or exhibit some other edge - healthier than the real thing, for example - over products previously imported from the South, then substitution will follow. Ultimately this process cannot be forestalled, not even by sizeable government intervention, which is not desirable anyway.

The solution to the product substitution problem must therefore lie in a concerted international endeavor to diversify the production structure in vulnerable countries and not in counter-market intervention. Here, better governance31 and more appropriate long-term structural planning from the governments of the countries in danger as well as a bigger allocation of funds from the international development establishment to the support of diversification efforts are urgently required. A comprehensive risk/benefit analysis of the substitution of agricultural export commodities from the tropics would also have to examine the alternative use of the land left fallow by substitution for increasing local food production, and perhaps ecologically opportune changes in how it is used as well - for afforestation in the framework of the "joint implementation" of the Climate Convention, for example.

In the context of the aggravation of the prosperity gap between North and South there is one further important issue that has to be examined: Who shall compensate whom for the use of genetic material from developing countries and how much shall the compensation amount to?

There is widespread fear that private enterprises and research institutes could gain control of the genes of plants native to the developing world free of charge, as it were, and use them for developing and producing superior varieties that would then be sold back to developing countries at high prices. Suppose a private seeds company discovered a property in an Ethiopian barley strain making it resistant to certain plant diseases and genetically transferred this property to a wheat variety that would afterwards be commercialized in Ethiopia. Obviously, the farmers of Ethiopia, male and female, have contributed something by selecting and preserving this variety over a long period of time. It is also obvious that without the research and development work of the seeds company the "something" would not have been turned to use outside Ethiopia or in food grains other than the native barley. So, both parties, the farmers of Ethiopia and the seeds company, have contributed to the new wheat variety, and therefore both have some kind of an intellectual property right and thus a right to compensation.

The basic question of whether remuneration is due has been clearly and positively answered by Article 19 of the Rio Convention on Biological Diversity (UNCED 1992) and the virtually unanimous consensus of the agencies engaged in development. While the general political decision in favor of compensation has been taken, the technical details of how it should be handled in specific nations are still unclear. What especially needs unequivocal regulation is who should compensate whom for what, and how much this compensation should be. As a rough first approach I would recommend the following:

WHO? Those who benefit

FOR WHAT? For varieties and species that have been cultivated and preserved by active agriculture; the unimproved genetic wealth of the world`s Vavilov centers are the common heritage of humankind.32

HOW MUCH? Let`s look at this in terms of a licence agreement and leave the price to the mechanism of supply and demand.

A step in the direction of satisfying both sides' claims to fair compensation would be to work out binding national and international regulations. Urgently needed, they should be designed to keep open access to the genetic riches of the developing countries and at the same time enable the people who have helped to build and conserve this wealth through decades of indigenous selection and traditional agriculture to profit equitably from the commercial returns on gene exports. From a development policy point of view it is desirable that funds that result from compensation of such genetic material support those who over centuries through their hard agricultural work helped to preserve the varieties in question. Money resulting from a fair compensation arrangement should not land in the private pockets of a corrupt upperclass which, because its members are politically powerful, has ready access to the pot.

It should not be difficult to find a simple and effective way to establish fair compensation. The INBio-Merck contract has pilot character, other mechanisms could deal with the matter by looking at the issue in the way of a licensing agreement, whereby those who use the genetic material from a traditional agricultural society pay a licence fee into a fund for the support of the national agricultural research of the gene- exporting country. As the Consultative Group for International Agricultural Research (CGIAR) already exists and does excellent work for the poor farmers of the world, one would not have to create a new institution instead CGIAR or its subsidiary, the International Service for National Agricultural Research (ISNAR) could be requested to draft a proposal outlining how to deal with such compensation fees in a fair and constructive way.

From a business ethics point of view I would recommend that as long as there are no binding national regulations, seed corporations should not take a free ride but look at the issue in the way of a tacit licensing agreement and set aside the usual percentage of sales for the support of agricultural research in developing countries. It is a demonstrated fact that research supported by the development assistance efforts of a private enterprise can be successful.33

B. Risks rooted in growing disparities in the distribution of income and wealth in poor societies
The use of genetically modified seeds adapted to the specific conditions of difficult biotopes can no doubt provide most desirable impulses to national agricultural development and tremendously benefit the farmers who use them. In a socially and politically deficient setting it can hardly bring about improvements in the condition of those who are not able to use the new varieties. Wherever unjust social and political power structures determine the distribution of wealth, income and access to the means of production, the lower social strata face great obstacles to economic and social progress. Perpetuated poverty is the result:

Where land ownership and tenancy systems, access to extension services, credit and marketing channels, as well as to new technologies, are governed by a socio-political power structure that favors only a small minority, technological progress cannot possibly be neutral in impact. The answer to the question who benefits and how much from the advent of new technologies and to what extent economic and social progress can be achieved depends decisively on the social and political configuration in place. Disease-resistant cassava, millet richer in protein or rice tolerant to stress can contribute to prosperity and thus enhanced food security only if the new varieties and other social advances come within the reach of the broad mass of the population, male and female. Whether this is possible and within what time depends on the political will to create the necessary national development framework. As poor farmers tend to be risk-minimizing and not output-maximizing even under the best social circumstances early adopters stand to gain more.

Today`s perspective on the "green revolution" shows, that in countries where small farmers were supported by agricultural extension services, where they had access to land, inputs and credit - in other words, where the agricultural development framework assisted the endeavors of the small farmers - they were able to benefit much and early. Even where the "green revolution" made the "rich" richer, because they could use the new technologies earlier, on better land, with better inputs and less expensive credits - the poor also benefited over time becoming less poor as agricultural modernization proceeded. This may not be the best of all social results one can imagine, but in a world where more than 1.3 billion people live in absolute poverty such achievements should not go unappreciated.

Like the "green revolution", genetically engineered varieties for food crops are a land-saving technology, and as such can be of particular importance for those who have little or only marginal land. Whether or not the potential benefits become economic and social reality for the small farmers is not a question of the technology but of the social quality of the development policy. If land and tenure reforms are implemented, if there is support for the small farmers and other elements of a development-friendly environment, the benefits of a new technology can be scale-neutral. Where 90 percent of the land belongs to three percent of the population and where the agricultural extension and credit services are only available to the big landholders, the introduction of a new technology will lead to a deterioration of income distribution. The economic and social impact of genetic engineering and biotechnology can only be as good as the socio-political soil in which the resulting new varieties are planted.

Any technical advance, progress in genetics included, can only benefit those who have access to and understand the technology well enough to apply it properly. Every restriction on access, be it lack of schooling or feudal power-structures, has the effect of aggravating income discrepancies - pronouncedly so when the technology is very potent.

These facts and causal connections are very important in any train of moral reasoning about intellectual property rights, genetic engineering and biotechnology. While the technology-transcending social risks of new technologies do exist - they are not caused by the technology as such and therefore cannot be prevented by that technology. The ethical "blame" and the need for reforms rest with the socio-economic framework within which these risks become reality. Today`s state of the art in development policy points clearly to the reforms and institutional changes that have to be initiated in order to get at the roots of socio-economic problems.34 The fact that the appropriate political will is the exception to an often deplorable rule ought to be scrutinized in the context of development ethics.

C. Loss of biological diversity
A last technology-transcending risk that calls for discussion is the highly complex ethical and ecological problem of loss of biological diversity.35 The total number of species on earth is not known. Various estimates range as high as 111 million, cautious estimates put the number close to 14 million, of which only about 1.7 million have been scientifically described.36 Biodiversity provides the raw materials - combinations of genes - which are the essential building blocks of plant varieties upon which sustainable agriculture depends.

Today, the speed of the loss of biodiversity is perceived to be faster than ever in human history. Various projections suggest that during each decade from 1975 to 2015 between 1 and 11 percent of the world`s species will have been committed to extinction.37 While most laymen perceive the extinction problem in the context of animals like the African elephant, the rhino, the Asian tiger or the spotted owl, the real problem is not with species you can stir up emotions about: 95 percent of lost species are very small insects, plants, microbes, fungi, algae, viruses or bacteria.

The extent of biological impoverishment all over the globe has been a source of great concern for many years.38 More recently, the issue has been taken up again in the context of genetic engineering and biotechnology. To address so critical an issue in every conceivable context may be legitimate from a political point of view with the aim of generating more public - and hence political-awareness. To put the blame for the loss of biodiversity on genetic engineering and biotechnology may be a sexy tactic for advocacy groups, because "big business" is involved. Factually, however, it is wrong and therefore detrimental to conservation policies.

To avoid any misunderstanding: Undoubtedly greater public and political awareness is necessary, because the loss of biological diversity is immensely regrettable for esthetic, ethical, philosophical, ecological and economic reasons: With each species lost, the natural economy of individual nations and the world as a whole is diminished forever.39 Because biological diversity and ecological stability are interconnected, biological systems become more vulnerable (less robust) as they become less diverse.40 As cultural diversity is closely intertwined with biological diversity, further losses occur through depletion of the world`s cultural heritage.

The loss of biodiversity is uniquely deplorable, since extinction of a species involves the irrecoverable loss of genetic resources whose value for man and nature has never even been determined. Genetic engineering and biotechnology can make use of biodiversity in ways that were not possible before by identifying, isolating and using genes for purposes that are basically outside the original species. One can only speculate whether tropical rain forests, wetlands or reefs contain basic materials for decisive breakthroughs in the treatment of diseases which today are still regarded as incurable. One simply does not know whether an endangered plant contains a gene that might be of vital importance for a major food crop. As, to date, less than a tenth of one percent of naturally occurring species have been used, we don`t know what`s at stake with the ongoing loss of genetic resources.41

For every complex problem there is one simple solution and it is wrong. The main responsibility for the loss of biological diversity lies definitely not with genetic engineering and biotechnology. The paramount reasons for the reduction of biological diversity are human activities and, as a result of population growth, the spread of human beings into hitherto untouched ecosystems. In particular the destruction of tropical forests is one of the tragic results of this development.42 According to various estimates, as much as 50 to 75 percent, perhaps even 90 percent, of all species are native to the tropical rain forests. Since these forests are currently being destroyed more rapidly than all other habitats on earth, the extinction of species is today more massive than ever before in the history of mankind - presumably one species every hour since the mid-eighties.43 What stepped up global warming will do to biodiversity can only be guessed.

The potential impact of genetic engineering and biotechnology on the number of species available to mankind is minimal. Farmers who gain access to varieties that are resistant to or tolerant of plant diseases and animal pests as well as to stress factors such as poor soil quality will not continue to cultivate inferior varieties. If traditional varieties are not preferable in taste or attractive for cultural reasons, it will simply not be in the farmer`s interest to use them if they are vulnerable to fungi or fall easy prey to insect pests. Precisely because farmers find new varieties advantageous, the number of food crop varieties has diminished throughout the world over the last 100 years; farmers discontinue cultivating of traditional varieties because modern varieties are more remunerative.

To fight against genetic engineering and biotechnology because they make available superior varieties to the small farmer in developing countries is the wrong way to join battle against the continuing loss of biodiversity. If one shares the conviction that a loss of biodiversity is regrettable for many reasons - and I do share this conviction - then the main battlefield must be national conservation strategies for tropical forests, mangroves and other wetlands, rivers, lakes and coral reefs.

For the safeguarding of traditional food crop varieties which are under substitution pressure from improved varieties two synergistically applied strategies will bring success: in vivo and in vitro conservation. Both strategies need a strong national commitment and reliable international support.



If one wants preservation of biodiversity in vivo, one has to give financial or other incentives to the small farmers of both sexes in developing countries to continue to cultivate varieties which they otherwise would not cultivate. It would be politically unrealistic and economically unfair to the small farmer community to expect them to forego an available benefit here and how for the sake of the long-term global availability of a genetic resource. The need for capacity building, engaging local residents and other stakeholders as well as for promoting cooperation between organizations and institutions has been established. As the protection of genetic crop resources in their natural agro-ecosystems seems to be advantageous, in vivo / in situ strategies need specific strong support. At present the small farmers in developing countries have no incentive to conserve - another "tragedy of the commons".

If one wants conservation in vitro, one must make sure that international agricultural research institutes all over the world have adequate resources for their gene banks. Here fair compensation for genetic material comes in again: if the preservation of certain varieties becomes economically interesting because they contain genes which are valuable for other purposes, new motivations for the continued cultivation of traditional crops develop.

The benefits of genetic conservation are long term and rarely predictable, whereas commercial profit expectations are rather short term and depend to a large degree on predictability.45 Hence the motivation behind patenting and other forms of intellectual property rights will in most cases not be conservation as such. Nevertheless, granting intellectual property rights to scarce genetic information could become part of a successful conservation strategy, as it would assign value to resources that are otherwise considered to be "free".46

Traditional plants and their genetic information have long been important to agriculture and medicine; genetic engineering and biotechnology are opening up new frontiers. As matters now stand those small and big, private and state, male and female farmers who conserve traditional varieties and with them genetic information have today no financial incentive for conservation and would become only residual claimants to the royalties paid by those who use that preserved information.47 Ultimately someone will have to pay for conservation: it should be those who benefit!

3 The ethical analysis: Ambivalence of technological progress

Coming to a conclusion about the ethical aspects of intellectual property rights in the context of genetic engineering and biotechnology in food crops of developing countries is like discussing technical progress in general: we must live with ambivalence:

On the one hand, there are clear benefits from genetic engineering and biotechnology. They have the potential to increase production and productivity, enhance the environment, and improve food safety and quality.48 As intellectual property rights - regardless of who owns them - demonstrably trigger further research and innovation, they also constitute a positive element in the context of innovation in the field of genetic engineering and biotechnology.

These desirable contributions to the common good have to be set against a number of economic, social and ecological risks, most of which are of a technology-transcending nature, i.e. neither caused nor preventable by the technology as such. In this respect, progress with genetic engineering and biotechnology is no different from any other form of technological and societal progress, which, as the German theologian Helmut Gollwitzer said, is " . . nothing other than the unremitting struggle to secure its positive aspects, learning to live with the dangers that come with it and surmounting the impairments it causes."49 Exactly what constitutes the "positive aspects", "dangers" and "impairments" in a given case is the stuff of dispute. The valence of a certain effect of technological progress is very much a function of individual value judgments. Solutions in the sense of a definitive decision on the ethical dilemma thus conjured up are not possible. Depending on how someone judges the worth of a good gained or lost through the march of technology, either the gain or the loss will bulk larger.

Technological innovation is no panacea - it is just one stone in a large and complex socio-economic mosaic. Whether the economic blessing becomes a social curse depends on the political and the broad social ramifications. A technology can only be as good as the warp and woof of a society permits.

Social and ecological risks materialize because a gap opens between human scientific technical prowess and human willingness to shoulder moral and political responsibility. The risks lie in the political, economic and social milieu in which technology is applied. If and when poor small farmers have access to land, to agricultural extension services, to marketing opportunities, to working equipment and to fair terms of credit, then higher-yielding seeds adapted to the biotope and resistant to pests can be developed with the use of genetic engineering and biotechnology and bring noteworthy advantages and more food to the mass of small farmers.

As far as the biosafety issue is concerned, risks that are not allowed to be taken in industrial countries with their stringent regulatory framework should not be exported to developing countries. If genetically engineered organisms and biotechnological procedures are used in developing countries, state of the art quality management must be applied, taking into consideration the specific conditions of the countries concerned.50 But even then leftover risks will remain. Risks - calculable risks - must be taken, otherwise technological progress becomes impossible. Such risks should not be insouciantly accepted - but the worst possible problem-solver in this case would be technophobia.

As Carl Friedrich von Weizsäcker has put it, you don't make a bicycle safer to ride by wedging the handlebars fast. In 1957 he pointed out that if humankind today wished to do without technology and the planning that goes with it, then it would have to be prepared and able to decimate the number of people in the world.51 He was referring to the world population at the time, two and a half billion people, who owed their very lives to industry, transportation and intensive agriculture - in short, to technology. Despite its perils, wherever technological progress has taken place - in the past mainly in the industrial West - it has created the material foundations of prosperity and security for broad classes of society. The developing world will not be able to develop economically and socially without it either.

There is no way of getting around the ambivalence that is intrinsic to every technical advance. In the context of the application of genetic engineering and biotechnology in food crops of developing countries, the dilemma posed by technical change can be between the political objective of national food security and the interests of poorer farmers: Without a change in technology there may be an imbalance between supply of and demand for basic food commodities while a changing technology could make it more difficult for smaller farmers forcing them to spend more time and resources to adjust to the new production conditions.52

But the knowledge that ambivalence and ethical dilemmas exist should also not paralyze us. On the contrary, it must serve to clarify the course of action and expand our horizon of responsibility. Only action that is informed by an awareness of the ambivalence makes the socially meaningful deployment of top-class technology possible. Participative technology assessments and cooperation between different stakeholders will enhance the positive impact of technological change.53

The developing countries are faced with the formidable task of doubling their food output over the next 25 years, and this - in contrast to how it has so often been done in the industrial countries - in ways sparing of the environment and resources. Population pressure has already begun to affect the environment in large parts of the developing world. Because of intensive land use and widespread biomass shortage, cultivated soils are being depleted of essential nutrients and organic matter. Fisheries, livestock and forestry resources are also under increasing strain. Unless countries with high population growth achieve a social transformation that results in a substantially lower birth rate and unless they start regenerating their resource base, they will continue to move towards a major social and ecological disaster.54

In order to secure positive economic and social development possibilities in the South and the North, what is needed are political and social national as well as international reforms.55 At the same time, along with its utilitarian alignment it would be desirable that technological progress take on a socio-ethical orientation.56 If genetic engineering and biotechnology were oriented to a greater extent on the needs of the poor people in the developing countries, particularly on those of smallhold farmers, they could become indispensable to the whole development effort.

More publicly financed research North and South is summoned to make a bigger contribution to finding expedient solutions. The emphasis is on public research, because the fruits of public research can be passed on to small farmers at cost or, via government channels, even free of charge. This cannot be done with the results of research sponsored by private enterprise. When the research priorities are determined by the financial return on investment, the needs of those who have the purchasing power are likely to have high priority, whereas the needs of the poor small farmers (if and where they are different) are likely to receive a low priority. For this reason public research must be strengthened. The Consultative Group on International Agricultural Research (CGIAR) with its focus on the needs of the developing countries could play a conspicuous role in such an effort. In a number of countries, agricultural biotechnology seminars are already under way to assess research priorities and turn them into feasible programs.57

More ought to be done in this respect. And there must be more and more intensive cooperation between the private and the public sector. Were the private sector to become more receptive to the needs of the international development effort and the international research community, funds already in short supply and valuable time could be saved. The special knowledge and know-how and the different experience - and patented intellectual property as well - that are at the disposal of the private sector but are used only selectively for lucrative markets in the industrial countries could be passed on via donated transfers or very favorable licensing terms to public research institutes in developing countries. This can be done, as a concrete example shows: Ciba (now Novartis) has made available a gene of Bacillus thuringiensis to IRRI, the International Rice Research Institute. Cooperation with the private sector and other "coalitions against famine" could be an important unconventional way to make progress faster and less expensive.

In many respects the conclusions set forth by the Club of Rome in one of its reports apply to our discussion: "Living as we do at the onset of the first global revolution, on a small planet which we seem hell-bent to destroy, beset with conflicts, in an ideological and political vacuum, faced with problems of global dimensions which the fading nation states are impotent to solve, with immense scientific and technological possibilities for the improvement of the human condition, rich in knowledge but poor in wisdom, we search for the keys to survival and sustainability."58

Sustainable development - and sustainable food security - will not be achievable without better governance and a new dimension of solidarity between the "rich" and the "poor" of this world - but also not without new technologies such as genetic engineering and biotechnology.

Prof. Dr. Klaus M. Leisinger's lecture given at the 1st Forum of the AIPPI - Foundation for the Promotion of Intellectual Property Protection, Interlaken, 10 -14 September 1996

4 Additional information

references

1In this paper genetic engineering (recombinant DNA technology) means "the calculated modification of hereditary genetic material in living organisms by the addition, removal or exchange of one or more genes, resulting in the passing on of this altered genetic information to descendants".Cf. Dohmen K. (Ed.): Gentechnologie - die andere Schöpfung? Metzler, Stuttgart 1988, p. 5. Biotechnology is "the integrated application of biochemistry, microbiology and process technology with the objective of turning to technical use the potential of micro-organisms and cell and tissue cultures as well as parts thereof". Cf. Dellweg H.: Biotechnologie, Grundlagen und Verfahren. VCH, Weinheim 1987, p. 1.

Biotechnology therefore deals with the utilization of biological processes in technical operations and industrial production. Genetic engineering is a means to an end, inasmuch as it allows the properties of micro-organisms to be modified in such a way that a desired effect is brought about in biological processes, among others. Three different generations of biotechnology can be distinguished. In the first, bacteria or yeast, for example, were used in making cheese or beer. In the second, micro-organisms were used to produce antibiotics and molecular biology was further developed. In the third generation, finally, it has become possible to alter the genetic material of an individual cell directly.
The term "agricultural biotechnology" encompasses well-established techniques, such as those used in biological pest control and the production of vaccines and biofertilizers, but also recombinant DNA technology, monoclonal antibodies, and new cell and tissue culture techniques.


2To give the discussion a wider scope, we will argue for "intellectual" rather than "industrial" property rights.

3FAO: Food Security Assessment. (WFS 96/Tech/7), Rome January 1996.

4FAO: Agriculture: Toward 2000, Rome 1981, p. 57.

5See CGIAR Highlights: Feeding the World - Protecting the Environment. UN Briefing Co-sponsored by World Bank, UNDP and FAO. Washington, D.C., May 1992; also Moffat A.S.: Improving Plant Disease Resistance. In: Science, Vol. 257, July 24, 1992.

6There are a few exceptions: see Van Wijk J./ Cohen J.I./Komen J.: Intellectual Property Rights for Agricultural Biotechnology. ISNAR, The Hague 1993.

7Independent Commission on International Development Issues (Ed.): North-South: A Program for Survival. Pan Books, London 1980, p.  48.

8There are other desirable and indispensable characteristics such as peace, respect for human rights, and the preservation of human dignity. These, in turn, make a reduction of the prosperity gap between the world`s rich and the poor countries necessary, as well as a peaceful resolution of diverse political, economic, religious, ethnic, and other competing interests. In the present context, these "macro-level goals" will be neglected, as they depend on different variables than a successful implementation of genetic engineering and biotechnology in the agriculture of poor countries.

9See OECD: Biotechnology, Agriculture and Food. Paris 1992; also De Groot C.: Forestry Biotechnology. In: Biotechnology and Development Monitor, No. 5, December 1990, p. 20 ff.

10See e.g. Persley G.J. (Ed.): Agricultural Biotechnology: Opportunities for International Development.CAB International / World Bank, Oxon, 1990; also Toenniessen G.H.: Plant biotechnology and developing countries. In: TIBTECH, Vol.13, September 1995, pp.404-409.

11See e.g. Bunders J.F.G. (Ed.): Biotechnology for small-scale farmers in developing countries. Analysis and assessment procedures. VU University Press, Amsterdam 1990, Miflin B.J.: Plant biotechnology: Aspects of its application to industry. In: Proceedings of the Royal Society of Edinburgh, Vol. 99b, No. 3/4, 1992, pp. 153-163.

12See Potrykus I. (Ed.): New Horizons in Swiss Plant Biotechnology-from the Laboratory to the Field. Proceedings of a Symposium organized at the ETH Zürich on the occasion of the 125th anniversary of the Department of Agronomy and Food Sciences, Zürich 1996; see also Krattiger A.F./ Rosemarin A. (Eds.): Biosafety for Sustainable Agriculture. Stockholm Environment Institute, Stockholm 1994, section 1.

13See Commandeur P./Komen J.: Biopesticides: Options for biological pest control increase. In: Biotechnology and Development Monitor, No. 14, March 1993, p. 3 ff.

14See Bunders J.F.G. (Publ.): Biotechnology for small-scale farmers in developing countries. Analysis and assessment procedures. VU University Press, Amsterdam 1990. Miflin, B.J.: Plant biotechnology: aspects of its application in industry. In: Proceedings of the Royal Society of Edinburgh Vol. 99b, Nr.3//4, 1992,S. 153-163; also Walker J.M./Gingold, E.B.: Molecular Biology and Biotechnology. The Royal Society of Chemistry. Reprint, 2nd edition, Cambridge 1992.

15See e.g. for China Chen Z./Gu, H.: Plant Biotechnology in China. In: Science, Vol. 262, October 15, 1993, p. 377 ff.

16See ILO (Technology and Employment Program) - e.g. Bifani P.: New Biotechnologies for Rural Development, Geneva 1989; see also International Service for National Agricultural Research (ISNAR) - e.g. Komen J./Persley G.: Agricultural Biotechnology in Developing Countries, Isnar Research Report 2, The Hague, Sept. 1993, as well as International Rice Research Institute (IRRI): Sharing Responsibilities: Irri 1991-1992, Los Baños 1992 and IRRI: Rice Research in a Time of Change, Los Baños 1993.

17For critical views of gene technology and biotechnology in relation to the Third World see: Altner G./Krauth W./Lünzer I./Vogtmann, H. (Eds.): Gentechnik und Landwirtschaft. 2nd edition, C.F. Müller, Karlsruhe 1990. Studier A. (Eds.): Biotechnologie: Mittel gegen den Welthunger? Schriften des Deutschen übersee-Instituts, No. 8, Hamburg 1991. Walgate R.: Miracle or Menace - Biotechnology and the Third World. Panos Dossier, London 1990. Hobbelink H.: Biotechnology and the Future of World Agriculture. Zed Books, London 1991, Fowler C./Mooney P.: Shattering - Food, Politics, and the Loss of Genetic Diversity. The University of Arizona Press, Tucson 1990.

18For a short overview see Leisinger K.M.: Toward a Green Evolution. United Nations Development Forum, New York March 1987, p.8f. There is, however, one major difference between the old fashioned "green" and the incoming "gene" revolution: whereas the former had its origins in publicly funded plant-breeding institutions, the biotechnological advances are firmly in the hands of the private sector.

19Brown L.: Seeds of Change. The Green Revolution and Development in the 1970s. London 1970. Sen S.: Reaping the Green Revolution. New Delhi 1975.

20See Barker R./Herdt R.W./Rose B.: The Rice Economy of Asia. Resources for the Future, Washington D.C. 1985; also Hazell P.B.R./Ramasamy C.: The Green Revolution Reconsidered. Johns Hopkins University Press, Baltimore 1991.

21E.G. Mooney P.R.: Seeds of The Earth, Ottawa 1980; also Wolf E.C.: Beyond the Green Revolution. New Approaches for Third World Agriculture. In: Worldwatch Paper No. 73. Washington, D.C., Oct. 1986.

22See Krattiger A.F./ Rosemarin A. (Eds.): Biosafety for Sustainable Agriculture. Stockholm Environment Institute, Stockholm 1994. See also Persley G.J./Giddings L.V. / Juma C.: Biosafety. The Safe Application of Biotechnology in Agriculture and the Environment. ISNAR Research Report No.5, The Hague 1993.

23See for these issues UNDP: Human Development Report 1996, 1994 and 1992, Oxford University Press, New York 1996, 1994 and 1992.

24For an introduction to this complicated problem area, see Ehrlich P.R.: The Loss of Biodiversity. Causes and Consequences. In: Wilson, E.O. (Publ.): Biodiversity. National Academy Press, Washington, D.C. 1988, p. 21 ff. Also the special edition of Ambio (Journal of the Human Environment): Economics of Biodiversity Loss. Vol. XXI, No. 3, May 1992.

25Gendel S.M.: Biotechnology and Bioethics. In: Gendel St.M./Kline A.D./Warren D.M./ Yates F.(Eds): Agricultural Bioethics. Implications of Agricultural Biotechnology. Iowa State University Press, Ames 1990, p.341.

26See Persley G.J.: Beyond Mendel`s Garden: Biotechnology in the Service of World Agriculture. The World Bank, Washington D.C. 1990, Chapter 7, p.67ff.

27See Wambugu F./Zandvoort E./Raman K.V. (Eds.): Biotechnology and Risk Assessment in an African Perspective. (Special Issue of the African Crop Science Journal on Biotechnology / Biosafety) Vol.3 1995 (September).

28Here again it is not admissible to pronounce on the "developing countries" lumped together, as this impact differs very much between countries which are net agricultural exporters, for example and those which must import much of their food. See Commandeur P./von Roozendaal G.: The Impact of Biotechnology on Developing Countries. Opportunities for Technology-Assessment Research and Development Cooperation. A Study Commissioned by the Büro für Technikfolgen-Abschätzung (TAB) in the German parliament, Bonn 1993, Chap. 3.

29Cf. Sasson A.: Biotechnologies and Development. UNESCO, Paris 1988, pp. 269-276; also Jacobson S./Jamison A./Rothman H. (Eds.): The Biotechnological Challenge. Cambridge 1986, p. 96 ff. Hobbelink H.: Bioindustrie gegen die Hungernden. Rororo, Reinbek 1989, p. 46 ff. According to Robert Walgate in: Walgate R.: Miracle or Menace. Biotechnology and the Third World. (PANOS DOSSIER), The Panis Institute, London 1990, p.161.

30There are, however, other technology-transcending risks coming from the "North" such as inappropriate food aid and subsidized export of surplus grain to developing countries, having both a deflating effect on food prices and creating a taste for foreign foods. Both effects work to the economic disadvantage of food crop producers in the South.

31World Bank: Governance and Development. Washington, D.C. 1992.

32This does, however, not exclude that commercial enterprises which have an interest in the biological inventory of a specific biotope must pay a negotiated amount of money for the right of prospecting. See in this context the contract between Costa Rica`s Conservation Program / National Biodiversity Institute (INBio) and Merck & Co., Ltd. in: Reid W.V. et alia: Biodiversity Prospecting: Using Genetic Resources for Sustainable Development. (World Resources Institute), Washington D.C. 1993, pp.255ff.

33See Leisinger K.M./ Schmitt K.M. / ISNAR (Eds.): Survival In the Sahel. An Ecological and Developmental Challenge. (ISNAR) The Hague / Basel 1995.

34Serageldin I.: Nurturing Development. Aid and Cooperation in Today`s Changing World. The World Bank 1995.

35For an introduction to this complicated problem area, see Ehrlich P.R.: The Loss of Biodiversity. Causes and Consequences. In: Wilson E.O. (Publ.): Biodiversity. National Academy Press, Washington, D.C. 1988, p. 21 ff. Also Myers N.: The Sinking Ark: A New Look at the Problem of Disappearing Species. Pergamin, New York 1979; as well as the special edition of Ambio (Journal of the Human Environment): Economics of Biodiversity Loss. Vol. XXI, No. 3, May 1992.

36See The World Resources Institute / UNEP / UNDP / Word Bank: World Resources. A Guide to the Global Environment 1996 - 97. Oxford University Press, New York 1996, p.247.

37Ibid.

38See Vogel J.H.: Genes for Sale. Privatization as a Conservation Policy. Oxford University Press, New York 1994, Chapter 2; also Raven P.H.: Disappearing Species: A Global Tragedy. In: The Futurist, Vol. 19, No. 5, 1985, pp. 8-14.

39Cf. Ehrlich P.R./Ehrlich A.: The Value of Biodiversity. In: Ambio, Vol. 21, No. 3, 1992, pp. 219-226.

40See Edwards R.: Tomorrow`s bitter harvest. In: New Scientist 17.8.1996, p.17ff.

41Perrings C./Folke C./Müller K.G.: The Ecology and Economics of Biodiversity Loss: The Research Agenda. In: Ambio, Vol. 21, No. 3, 1992, p. 205.

42For details see: Enquete Commission »Vorsorge zum Schutz der Erdatmosphäre« of the German Bundestag (Eds.): Schutz der Tropenwälder. Eine internationale Schwerpunktaufgabe. Op. cit. p. 495 ff. The dying-out of species has always been a concomitant of evolution but the speed and extent of this process have increased dramatically as a result of the destruction of forests, growing pollution, and other changes in the habitats of threatened species.

43Enquete Commission »Vorsorge zum Schutz der Erdatmosphäre« of the German Bundestag (Eds.): Schutz der Tropenwälder. Eine internationale Schwerpunktaufgabe. Bonn 1990, p. 495.

44Miller K.R.: Balancing The Scales: Guidelines for Increasing Biodiversity`s Chances Through Bioregional Management. Washington D.C. (World Resources Institute) 1996.

45The Crucible Group: People, Plants and Patents. The Impact of Intellectual Property on Biodiversity, Conservation, Trade and Rural Society. (IDRC), Ottawa 1994, p.5.

46Not for wild species, see Gollin M.A.: An Intellectual Property Rights Framework for Biodiversity Prospecting. In: Reid W.V. et alia: Biodiversity Prospecting: Using Genetic Resources for Sustainable Development. (World Resources Institute), Washington D.C. 1993, pp. 159-198. See also The Crucible Group: People, Plants and Patents. The Impact of Intellectual Property on Biodiversity, Conservation, Trade and Rural Society. (IDRC), Ottawa 1994; For a critical point of view see Marques M.B.: Patenting Life. Foundations of the Brazil-United States Controversy, Fundaçåo Oswaldo Cruz, Rio de Janeiro 1993.

47See Vogel J.H.: Genes for Sale. Privatization as a Conservation Policy. Oxford University Press, New York 1994

48See Krattiger A. In: Wambugu F./Zandvoort E./Raman K.V. (Eds.): Biotechnology and Risk Assessment in an African Perspective. (Special Issue of the African Crop Science Journal on Biotechnology / Biosafety) Vol.3 1995 (September), p.i.

49Gollwitzer H.: Krummes Holz - Aufrechter Gang: Zur Frage nach dem Sinn des Lebens. 10. Auflage, Christian Kaier Verlag, München 1985, p.142.

50See e.g. Frederikson R./Shantaram S./Raman K.V.(Eds.): Environmental Impact and Biosafety: Issues of Genetically Engineered Sorghum (Special Issues of African Crop Science Journal, Vol.3, No.2, 1995.

51Von Weizsäcker C.F.: Die Verantwortung der Wissenschaft im Atomzeitalter. 7. Auflage, Kleine Vandenhoeck-Reihe, Göttingen 1986, p.67

52See Persley G.J.: Beyond Mendel`s Garden: Biotechnology in the Service of World Agriculture. The World Bank, Washington D.C. 1990, chapter 4, p.40ff.

53See Van den Daele W./Pühler A./Sukopp H.: Grüne Gentechnik im Widerstreit. Modell einer partizipativen Technikfolgenabschätzung zum Einsatz transgener herbizidresistenter Pflanzen.VCH-Verlag, Weinheim /Basel, 1996.

54For a comprehensive analysis of the global population problem and solutions see: Leisinger Klaus M./ Schmitt K.: All Our People. Population Policy with A Human Face. Island Press, Washington D.C. 1994.

55For details see Serageldin I.: Nurturing Development. Aid and Cooperation in Today`s Changing World. The World bank, Washington D.C. 1994.

56For an introduction see Qizilbash M.: Ethical Development. In: World Development. Vol.24. No.7, pp.1209-1221 and the references.

57See Komen J./Cohen J.I. /Ofir Z. (Eds.): Turning Priorities into Feasible Programs (ISNAR), The Hague 1996. See also Komen J./Cohen J./Sing-Kong Lee. (Eds.): Turning Priorities into Feasible Programs. (ISNAR), The Hague 1995. For lessons from the country studies see Brenner C.: Integrating Biotechnology in Agriculture. Incentives, Constraints and Country Experiences. Paris (OECD Development Center) 1996.

58King A./Schneider B.: The First Global Revolution. A Report by the Council of the Club of Rome. Simon & Schuster London 1991, p.193.


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