Essentially Derived Varieties in View of New Breeding Technologies – Plant Breeders’ Rights at a Crossroads

2020 ◽  
Author(s):  
Michael A Kock
Keyword(s):  
Full Potential ◽  
International Convention ◽  
System A ◽  
Essentially Derived Varieties ◽  
New Varieties ◽  
Genetic Conformity ◽  
The Doctrine Of Equivalents ◽  
Scope Of Protection ◽  
New Breeding Technologies ◽  
Plant Breeders Rights

Abstract Plant breeders’ rights (PBR) within the framework of the International Convention for the Protection of New Varieties of Plants (UPOV) are the sui generis intellectual property (IP) system of choice for plant varieties. It achieves a balance between the protection of new varieties and access to protected breeding material for further improvement. The extension of the protection to essentially derived varieties (EDVs) in the UPOV 1991 Convention1 was controversial from the beginning as it creates a tension with the breeders’ exemption. The 2017 UPOV Explanatory Notes on EDVs further fueled the debate as they were seen to limit the EDV extension, while some argue that the EDV scope should extend to all predominantly derived varieties merely on the basis of genetic conformity. With the rise of new breeding technologies (NBTs), legal certainty on the EDV definition is of fundamental importance to avoid a chilling effect on these promising technologies. Not only would a broad EDV definition block critical innovation and restrict the full potential of NBTs to a few multinational companies,2 it would also substantially limit the scope of protection of NBT-derived varieties, as an EDV itself is not entitled to the EDV extension: Valuable NBT-derived varieties would become easy prey for plagiarism. This article shows that the legislative intent of the EDV provision does not limit innovative breeding to conventional crossing and that there is no basis for extending EDV protection to new, innovative varieties which do not retain the essential characteristics of the initial variety (IV) even if there is a high genetic conformity. By analogy with the doctrine of equivalents under the patent system, a derived variety cannot qualify as an EDV if it (i) does not retain all the essential characteristic of the IV and (ii) is ‘non-obvious’ and causes a ‘significant technical progress of considerable economic interest’. The article finally suggests guidelines and processes to overcome the current EDV dilemma.

scholarly journals Towards a Fair Scope of Protection for Plant Breeders’ Rights in an Era of New Breeding Techniques: Proposals for a Modernization of the Essentially Derived Variety Concept

Agronomy ◽  
2021 ◽  
Vol 11 (8) ◽  
pp. 1511
Author(s):  
Sven J. R. Bostyn
Keyword(s):  
Plant Breeding ◽  
Free Access ◽  
New Variety ◽  
Plant Variety ◽  
Essentially Derived Varieties ◽  
New Varieties ◽  
Scope Of Protection ◽  
New Breeding Techniques ◽  
Breeding Techniques ◽  
Plant Breeders Rights

Plant breeders’ rights (PBRs) are an important IP right, and as plant breeding has a crucial role to play in sustainability, it is vital that innovations in plant breeding receive the appropriate innovation incentives. The full breeders’ exemption ensures that there is always free access to the plant variety protected by a PBR for developing new varieties. The price to pay for this exemption is that PBR holders cannot prevent third parties from taking advantage of their efforts and investments in developing a new variety. This invites free-riding, at the detriment of the PBR holder. The concept of “essentially derived varieties” (EDV), introduced in 1991, provided a “fix” for this problem. It allows PBR holders to extend, at least to some extent, the scope of protection of their PBR to those varieties which use all or most essential characteristics of the initial protection variety. Decades have passed, but no adequate interpretation of the complex EDV concept has been found. The advent of new breeding techniques (NBTs) has made the discussion about a fair scope of protection of PBRs all the more relevant. This necessitates a modernization of the EDV concept, if the PBR system is to remain relevant and continue to be an innovation-incentivizing mechanism. I argue that a broader scope for the EDV concept is essential and fair. Determining what essential derivation is will remain a difficult task also in the future. This is why I have additionally proposed a collaborative reward model, which will facilitate the functioning of the EDV system and is capable of providing more legal certainty in this area.

The Arusha Protocol on plant varieties protection: balancing breeders' and farmers' rights for food security in Africa

2019 ◽  
Vol 9 (3) ◽  
pp. 303-325
Author(s):  
Tom Kabau ◽  
Faith Cheruiyot
Keyword(s):  
Food Security ◽  
Intellectual Property ◽  
Small Scale ◽  
Legal Regime ◽  
Member States ◽  
International Convention ◽  
New Varieties ◽  
Small Scale Farmers ◽  
Legal Mechanism ◽  
Plant Breeders Rights

The adoption of the Arusha Protocol for the Protection of New Varieties of Plants (Arusha Protocol) in 2015 created a harmonized regional legal mechanism for the protection of plant breeders’ rights (PBRs) in the African Regional Intellectual Property Organization (ARIPO) member states. Regrettably, the Arusha Protocol, which is to enter into force after the requisite ratifications, reaffirms the often criticized International Convention for the Protection of New Varieties of Plants of 1991 (UPOV 1991) in its extensive limitation of the traditional farmers’ rights to freely save, replant and exchange seeds of protected plant varieties, while liberally conceptualizing PBRs. The stated farmers’ rights are essential for the food security of the developing ARIPO member states, as their agriculture is predominantly characterized by impoverished small-scale farmers who rely on informal seed exchanges. On that basis, this article is premised on the view that the legal regime for plant varieties protection established under the Arusha Protocol is inappropriate for ARIPO members as it fails to balance breeders’ and farmers’ rights in a manner that promotes food security. It proceeds to evaluate the appropriate approach that can suitably balance breeders’ and farmers’ rights for the purposes of promoting food security in Africa.

scholarly journals The Effects of Plant Breeders’ Rights on Wheat Productivity and Varietal Improvement in South African Agriculture

2019 ◽  
Vol 11 (12) ◽  
pp. 3378
Author(s):  
Charity Ruramai Nhemachena ◽  
Johann F. Kirsten ◽  
Binganidzo Muchara
Keyword(s):  
Intellectual Property ◽  
South African ◽  
Wheat Variety ◽  
Wheat Varieties ◽  
Whole Wheat ◽  
New Varieties ◽  
Varietal Improvement ◽  
African Agriculture ◽  
Protection Index ◽  
Plant Breeders Rights

The strengthening of the intellectual property rights (IPRs) for plant varieties provide incentives for breeding companies to invest more resources in plant breeding. The main objective of this paper was to analyze the effects of strengthening the wheat variety intellectual protection on wheat productivity and the release of new varieties. The strength of IPR systems was measured using an intellectual property (IP) protection index, and plant breeders’ rights (PBRs) granted for wheat varieties. The empirical analyses were based on correlation and multiple regression analyses. The results showed that strengthening IPR systems in South Africa contribute to improving wheat productivity and increasing the number of wheat varieties released. Furthermore, although the robust coefficients of the other IPR variables are positive, they are statistically insignificant for all scenarios. There is a need for more incentives beyond granting PBRs and strengthening of IPR systems to be provided in the whole wheat sector to stimulate increased investments and the release of new varieties.

scholarly journals Sleep Disturbances in Individuals with Alcohol-Related Disorders: A Review of Cognitive-Behavioral Therapy for Insomnia (CBT-I) and Associated Non-Pharmacological Therapies

2014 ◽  
Vol 8 ◽  
pp. SART.S18446 ◽  
Author(s):  
Alyssa T. Brooks ◽  
Gwenyth R. Wallen
Keyword(s):  
Cognitive Behavioral Therapy ◽  
Mixed Methods Research ◽  
Sleep Disturbances ◽  
Behavioral Therapy ◽  
Target Population ◽  
Cognitive Behavioral ◽  
Full Potential ◽  
Assessment Development ◽  
System A ◽  
Behavioral Therapies

Sleep disturbances are common among alcohol-dependent individuals and are often associated with relapse. The utility of behavioral therapies for sleep disturbances, including cognitive-behavioral therapy for insomnia (CBT-I), among those with alcohol-related disorders is not well understood. This review systematically evaluates the evidence of CBT-I and related behavioral therapies applied to those with alcohol-related disorders and accompanying sleep disturbances. A search of four research databases (PubMed, PsycINFO, Embase, and CINAHL Plus) yielded six studies that met selection criteria. Articles were reviewed using Cochrane's Grades of Recommendation, Assessment, Development, and Evaluation (GRADE) scoring system. A majority of the studies demonstrated significant improvements in sleep efficiency among behavioral therapy treatment group(s), including but not limited to CBT-I. While behavioral sleep interventions have been successful in varied populations, they may not be utilized to their full potential among those with alcohol-related disorders as evidenced by the low number of studies found. These findings suggest a need for mixed-methods research on individuals’ sleep experience to inform interventions that are acceptable to the target population.

TRACING THE SEED: SEED DIFFUSION OF IMPROVED POTATO VARIETIES THROUGH FARMERS’ NETWORKS IN CHENCHA, ETHIOPIA

2016 ◽  
Vol 53 (4) ◽  
pp. 481-496 ◽  
Author(s):  
YENENESH TADESSE ◽  
CONNY J.M. ALMEKINDERS ◽  
ROGIER P.O. SCHULTE ◽  
PAUL C. STRUIK
Keyword(s):  
New Technologies ◽  
Potato Production ◽  
Sub Saharan Africa ◽  
Full Potential ◽  
Potato Varieties ◽  
Seed Tubers ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
New Varieties ◽  
Sub Saharan

SUMMARYThere are many prerequisites for potato production to meet its full potential as a food security crop for subsistence farmers in Sub-Saharan Africa. One of these is the introduction of improved varieties. Traditionally, the introduction of new varieties is by government agencies or Non-Governmental Organizations (NGOs). To understand the diffusion of seed tubers (seeds) of new potato varieties in farmer networks, we analysed social factors influencing the sharing of seed of improved potato varieties amongst farmers in Chencha, Ethiopia. We interviewed 166 farmers and analysed 146 seed transactions. We used seed flow mapping to visualize seed sharing amongst farmers. We found that the social networks of farmers are differentiated by wealth, gender and religion, and that this differentiation affects the dispersion of new varieties through the farming communities: Wealthier farmers shared seed tubers most frequently and poor farmers did not share seed at all. Seed sharing was influenced by, but not restricted to, gender and religion categories. Most sharing was with relatives (as gifts) and neighbours (in exchange for labour). There weas no equal access to seed for all households because of (i) the targeting of the better off farmers by the NGO (ii) differences in frequency of sharing and (iii) terms and motivation of the transactions. Our results show that wealthy farmers most effectively multiply and share the seed of new varieties with medium wealthy and poor farmers. This study shows that for the introduction of new technologies into a community, its dynamics of social differentiation need to be understood.

Modelling of the Steel Pushing V-Belt Continuously Variable Transmission

1994 ◽  
Vol 208 (1) ◽  
pp. 13-27 ◽  
Author(s):  
J D Micklem ◽  
D K Longmore ◽  
C R Burrows
Keyword(s):  
Mathematical Model ◽  
Coulomb Friction ◽  
Continuously Variable Transmission ◽  
Friction Model ◽  
Full Potential ◽  
Shear Connection ◽  
System A ◽  
Variable Transmission ◽  
Coulomb Friction Model ◽  
Good Agreement

The steel pushing V-belt continuously variable transmission (CVT) is now commercially available in the automobiles of a number of manufacturers but to date it has not led to a significant reduction in fuel consumption. To develop its full potential it is necessary to have a good mathematical model of the system. A number of models have been described in recent years but all make use of a Coulomb friction model for the shear connection between the belt and the pulleys. This paper proposes a friction model based on elastohydrodynamic theory. It is shown that there is good agreement between measured and calculated slip values for the transmission which justifies use of the model.

scholarly journals The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change

2021 ◽  
Author(s):  
John Stephen C. Smith
Keyword(s):  
Risk Taking ◽  
Current Approach ◽  
Individual Plant ◽  
Crop Species ◽  
Technological Advances ◽  
Essential Change ◽  
Essentially Derived Varieties ◽  
Perverse Incentives ◽  
New Varieties

This review examines the categorization of Essentially Derived Varieties (EDV) introduced in the 1991 revision of the Convention of the Union internationale pour la protection des obtentions végétales (UPOV). Challenges in the implementation of the concept and progress made on a crop-by-crop basis to provide greater clarity and more efficient implementation are reviewed. The current approach to EDV remains valid provided i) clarity on thresholds can be achieved including through resource intensive research on an individual crop species basis and ii) that threshold clarity does not lead to perverse incentives to avoid detection of essential derivation. However, technological advances leading to new varieties resulting from the simultaneous introduction or change in expression of more than “a few” genes will so challenge the concept to require a new Convention. Revision could include deletion of the concept of essential derivation and revision on a crop-by-crop basis of the breeder exception. Countries that allow utility patents for individual plant varieties per se should consider removing that possibility unless plant breeders utilize those encouragements for risk taking and investment to broaden the germplasm base upon which the long-term sustainability of plant breeding resides.

scholarly journals Organic seeds of the future: simple material?

2020 ◽  
Vol 10 (S1) ◽  
pp. 23-26
Author(s):  
Dominique Desclaux
Keyword(s):  
European Level ◽  
Simple Material ◽  
Legal Text ◽  
International Convention ◽  
Legal Texts ◽  
The Future ◽  
European Regulations ◽  
New Varieties ◽  
Semantic Evolution

AbstractThe day where seeds were considered “material” in legal text was a decisive moment. At the European level, that was December 1, 1961, when the international convention for the protection of new varieties of plants (UPOV) was adopted by the diplomatic conference. This paper relates the semantic evolution in French and European regulations concerning seeds. Using the term “material” to define a seed sounds as an oxymoron and especially for the organic sector that highlights the concept of life integrity of plants. Semantic drifts and technical drifts are close. To consider seeds as simple material allows everybody to manipulate them, to modify them, to degrade them, to repair them, to edit them, to market them, and to patent them. The drift in regulatory texts is not insignificant; it reflects the thought of a society but can also have a sustainable impact on this thought. Therefore, it seems urgent to raise the question: What seeds do we want in the future? Patented seeds, edited seeds, certified seeds, farm seeds, peasant seeds, participatory seeds? It’s time to decide! And time to precise the words in legal texts.

scholarly journals Ghana Trips Over the trips Agreement on Plant Breeders’ Rights

2016 ◽  
Vol 9 (1) ◽  
pp. 20-45
Author(s):  
Thaddeus Manu
Keyword(s):  
Public Interest ◽  
Social Norm ◽  
Intellectual Property Right ◽  
International Union ◽  
Checks And Balances ◽  
The Public ◽  
Safeguard Measures ◽  
New Varieties ◽  
Economic Reasoning ◽  
Plant Breeders Rights

The premise under which the global Intellectual Property Right (ipr) system is validated has often focused on a traditional materialistic approach. While this seems to find legitimate support in economic reasoning, such a fundamental view also appears to contradict a related social norm claim, which dictates that society ought to be shaped by appropriate values rather than economic rubrics. Although Ghana is not a signatory member of the International Union for the Protection of New Varieties of Plants Convention (upov Convention), there is explicit evidence that the Plant Breeders’ Rights (pbrs) Bill under consideration in the Ghanaian Parliament contains provisions modelled on the upov Act 1991 rather than the potentially flexible and effective sui generis system in trips. This paper aims to contribute to a recently active area of discussion on the topic by examining the consequences of stringent legislation on pbrs in the absence of adequate safeguard measures to protect the public interest. Consequently, the hypothesis of this paper rests on the argument that every system needs checks and balances and the legislative system is no exception. The conclusion is that Ghana should not ignore the effective sui generis system under trips for the pbrs modelled around the upov Convention because the latter does not entail adequate safeguard provisions and stands to devalue the public interest.

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