Intellectual property and plant variety protection: Prospective study on Hop (Humulus lupulus L.) cultivars

2021 ◽  
Vol 65 ◽  
pp. 102041
Author(s):  
Bernardo Pontes Guimarães ◽  
Paulo Gustavo Barboni Dantas Nascimento ◽  
Grace Ferreira Ghesti
Keyword(s):  
Intellectual Property ◽  
Prospective Study ◽  
Humulus Lupulus ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Humulus Lupulus L ◽  
Variety Protection

scholarly journals Plant Variety Protection: Current Practices and Insights

Genes ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 1127
Author(s):  
Ju-Kyung Yu ◽  
Yong-Suk Chung
Keyword(s):  
Molecular Markers ◽  
Intellectual Property ◽  
Stability Testing ◽  
International Union ◽  
Plant Variety Protection ◽  
Common System ◽  
Continuous Innovation ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection

Breeders persistently supply farmers with the best varieties in order to exceed consumer demand through plant-breeding processes that are resource-intensive. In order to motivate continuous innovation in variety development, a system needs to provide incentives for plant breeders to develop superior varieties, for example, exclusive ownership to produce and market those varieties. The most common system is the acquisition of intellectual property protection through plant variety protection, also known as the breeder’s right. Most countries have adopted the system established by the International Union for the Protection of New Varieties of Plants (UPOV). To be granted plant variety protection, the variety should prove to be unique by meeting three requirements: distinctness, uniformity, and stability. This review summarizes (1) the plant variety protection via UPOV convention, (2) technical methods for distinctness, uniformity, and stability testing via phenotype, molecular markers, and sequencing as well as their challenges and potentiality, and (3) additional discussions in essentially derived variety, value for cultivation and use testing, and open source seed initiative.

scholarly journals Privately public seeds: competing visions of property, personhood, and democracy in Costa Rica's entry into CAFTA and the Union for Plant Variety Protection (UPOV)

2012 ◽  
Vol 19 (1) ◽  
pp. 127 ◽  
Author(s):  
Guntra A. Aistara
Keyword(s):  
Costa Rica ◽  
Intellectual Property ◽  
Property Rights ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Private Property ◽  
Public Domain ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Variety Protection

Costa Rica's entry into the Central American Free Trade Agreement (CAFTA) was hotly contested and the subject of a national referendum. For activists opposing the treaty, questions of 'privatizing seeds' through imposing intellectual property rights were among the main concerns raised by the treaty, as one requirement of CAFTA was signing the international Convention on Plant Variety Protection known as UPOV. The threat to farmers' seeds in Costa Rica and many other parts of the world is more complicated than being a clear-cut issue of privatization. Struggles for control over seeds are a crucial part of the political economy of agriculture that are grounded in debates over the significance of the physical and social properties of seeds as a natural resource. This article explores how debates over intellectual property rights to seeds confound simple distinctions between public domain and private property, and the implications for agricultural genetic diversity. Moreover, through the story of Costa Rica's engagement with CAFTA and UPOV, I contemplate the broader effects of the free trade paradigm on reconfiguring ideas not only of property but also of personhood and democracy. I will argue that through reconfiguring the boundary between the public domain and private property in the realm of seeds, recent intellectual property trends also reinscribe the definition of farmers along pre-defined class lines. Through their actions, groups involved offer competing visions of how a local resource should be defined and internationally connected; these visions can be understood as competing visions of political ecology in practice.Keywords: Costa Rica, CAFTA, UPOV, intellectual property, seeds

scholarly journals PLANT VARIETY PROTECTION IN AFRICA: TOWARDS COMPLIANCE WITH THE TRIPS AGREEMENT

2001 ◽  
Vol 45 (1) ◽  
pp. 97-122 ◽  
Author(s):  
Philippe Cullet
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trips Agreement ◽  
Member States ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Variety Protection

Plant variety protection has come to the fore in the wake of the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). TRIPS generally imposes the patentability of inventions, whether products or processes, in all fields of technology and specifically mandates the introduction of a form of legal protection on plant varieties. Article 27.3(b) thus states that member states “shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.”

scholarly journals Law-Driven Innovation in Cereal Varieties: The Role of Plant Variety Protection and Seed Marketing Legislation in the European Union

2021 ◽  
Vol 13 (14) ◽  
pp. 8049
Author(s):  
Serena Mariani
Keyword(s):  
Intellectual Property ◽  
Agricultural Sector ◽  
The European Union ◽  
Environmental Implications ◽  
Plant Variety Protection ◽  
Eu Legislation ◽  
Plant Variety ◽  
Variety Protection ◽  
The Eu

The aim of this paper is to investigate the role of EU legislation in shaping innovation in cereal varieties. The research focuses on two fields of law and their relationship, i.e., intellectual property and agricultural law. More specifically, the normative legal investigation concerns the role played by Community plant variety protection and the EU legislation on the marketing of seed and plant propagating material in shaping innovation and stimulating plant breeding of new cereal varieties. The focus is on cereal varieties because innovation in this field has a great socio-economic impact, as well as strategic scientific and environmental implications. Breeding new cereal varieties is essential for the competitiveness of the seed and agricultural sector of the EU, and it can contribute to food security and the achievement of sustainable development goals. The study finds that it is necessary to simplify the existing legal framework by coordinating intellectual property and agricultural law, providing for legislative review and better coherence in order to effectively shape innovation and meet the changing demands of society and the sustainability challenges.

scholarly journals INTELLECTUAL PROPERTY RIGHTS UPDATE: PLANT VARIETY PROTECTION ACT AMENDMENTS

HortScience ◽  
1995 ◽  
Vol 30 (2) ◽  
pp. 186d-186
Author(s):  
Janice M. Strachan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
First Generation ◽  
The United States ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection ◽  
Plant Patents

The Plant Variety Protection (PVP) Act provides intellectual property rights to new varieties of seed-reproduced plants. Eligible varieties must demonstrate that they are uniform, stable, and distinct from all other varieties. In 1991 the International Union for the Protection of New Varieties of Plants (UPOV) adopted a new Convention. As a member of UPOV, the United States needed to amend the PVP Act to conform to the 1991 UPOV Convention. Amendments to the PVP Act were signed by President Clinton on 6 Oct. 1994, and will become effective on 4 Apr. 1995. Among other changes, these amendments will provide protection to tuber-propagated varieties and first-generation hybrids. An overview of the amendments and a comparison of rights granted under PVP and plant patents will be presented.

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