Substantive Law

2021 ◽  
pp. 27-58
Author(s):  
Gert Würtenberger ◽  
Paul van der Kooij ◽  
Bart Kiewiet ◽  
Martin Ekvad
Keyword(s):  
Relevant Information ◽  
Breeding Scheme ◽  
International Union ◽  
New Variety ◽  
Plant Variety ◽  
New Varieties ◽  
The Creation ◽  
Substantive Law

This chapter looks at the system laid down in the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which implies that only the breeder of a variety has a claim on a plant breeders' right. It analyses the UPOV definition that qualifies the employer of the person who bred, or discovered and further developed, the variety of plants as the breeder. It also elaborates the responsibility of the Community Plant Variety Office (CPVO) in examining the entitlement to a Community plant variety right. This chapter reviews the technical questionnaire that requires the applicant to indicate 'breeding scheme, parents, other relevant information' for the completion of the form to confirm the credibility of plant breeders. It talks about the practice of the CPVO, which shows that the notion of breeding encompasses all techniques that are aimed at the creation of a new variety.

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 Four new varieties of the family Araceae from Bangladesh

2019 ◽  
Vol 26 (1) ◽  
pp. 13-28
Author(s):  
Hosne Ara ◽  
Md. Abul Hassan
Keyword(s):  
Relevant Information ◽  
New Variety ◽  
Diagnostic Characters ◽  
Taxonomic Description ◽  
The Family ◽  
New Varieties

Four new varieties belonging to four species and three genera of the family Araceae are being described and illustrated from Bangladesh. The new varieties are: Colocasia fallax Schott var. purpurea H. Ara & M.A. Hassan, Colocasia oresbia A. Hay var. stolonifera H. Ara & M.A. Hassan, Rhaphidophora calophyllum Schott var. violaceus H. Ara & M.A. Hassan and Typhonium trilobatum (L.) Schott var. fulvus H. Ara & M.A. Hassan. The morphological diagnostic characters of each new variety and comparison with its closest one are provided. Detailed taxonomic description along with other relevant information are provided for easy recognition of the new aroid taxa.

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.

scholarly journals Non-drug hemp, as a new variety of Cannabis sativa L. convar. non-narcotic Vyrovets

2019 ◽  
Vol 24 ◽  
pp. 44-48
Author(s):  
V. H. Vyrovets ◽  
I. M. Layko ◽  
L. M. Horshkova ◽  
S. V. Mishchenko ◽  
G. I. Kirichenko ◽  
...  
Keyword(s):  
Cannabis Sativa ◽  
Selection Process ◽  
New Variety ◽  
Pests And Diseases ◽  
New Varieties ◽  
The Creation ◽  
High Yielding Varieties ◽  
High Yields ◽  
First Time

Aim. In the second half of the 20th and the beginning of the 21st century, there were significant changes in the hemp growing that affected the improvement of morphological, biological and economic properties, by providing the opportunity, on the example of new varieties, to declare the creation of a new subset of sown hemp in which the main achievements of breeders and seedlings were accumulated. Methods. With the creation of the Institute of Bast Crops, scientific breeding has begun, based on improved and developed new breeding methods that include several significant steps as increasing of the yield of created monoecious form, as the elimination of their narcotic properties. Results. For the first time in the world, non-drug hemp that can produce high yields of straw, fiber and seeds while maintaining immunity to damage to pests and diseases were created. Conclusions. Responding to the doubts of tax of collectors and botanists about the classification of the hemp family, we share the opinion of the first scientists and our teachers that include Cannabis sativa L. and Cannabis indica L. to one species of Cannabis sativa L., combining all kinds and varieties. The elimination of a number of high-yielding varieties of non-drug monoecious hemp, which became the result of long-term breeding, testifies the creation of a new variety of Cannabis sativa L. convar non-narcotic Vyrovets, emphasizing the leadership and executive role of Professor V. Vyrovets during a long selection process. Keywords: hemp, genus, variety, geographical types, selection, productivity, elimination of narcotic.

scholarly journals DUS testing for plant variety protection: Some researchable issues

2019 ◽  
Vol 79 (01S) ◽  
Author(s):  
S. K. Chakrabarty ◽  
Dipal Roy Choudhury
Keyword(s):  
Plant Species ◽  
Genetic Constitution ◽  
Genetic Purity ◽  
Crop Species ◽  
New Variety ◽  
Cross Pollination ◽  
Plant Variety ◽  
Dus Testing ◽  
New Varieties ◽  
Variety Protection

In order to implement effectively Protection of Plant Varieties and Farmers’ Rights Act, 2001 testing of new varieties for Distinctiveness (D), Uniformity (U) and Stability (S) is essential. Based on field and laboratory trials along with the most similar variety a new variety is compared for the characteristics which describe the variety. Distinctiveness assessment of a new variety apparently looks easy but actually it is not so particularly in case of crop species maintained /reproduced through often cross pollination and cross pollination owing to presence of plants with varied expression in some characteristics. Similarly, uniformity assessment of a variety ensures its genetic purity. The crop specific DUS test guideline has been developed and followed for plant variety assessment to register a new variety. Further there is enough scope to comprehend the guidelines for the benefit of plant variety examiners. To make the comparison scientific and valid some statistical procedures are used. Plant varieties differ genetically and the differences are expressed in the form of phenotypes (characteristics). The level of difference depends not only on the genetic constitution of the characteristics but also on the sample size, level of confidence, reject numbers etc. These are required to be studied in each plant species keeping in mind the overall variation available among the varieties in a plant species and easiness in the registration process. In view of influence of growing environment on the quantitative characteristics there is need to identify a separate set of example varieties for proper description and assess distinctiveness of new varieties for its protection.

Creation and evaluation of new varieties and populations of alfalfa

2020 ◽  
Author(s):  
I. A. Meremyanina I. A. ◽  
◽  
V.V. Kenyz V.V.
Keyword(s):  
High Productivity ◽  
Green Mass ◽  
Economically Valuable Traits ◽  
New Varieties ◽  
Complex Hybrid ◽  
The Creation

The article is based on the creation and evaluation of new varieties and complex hybrid populations of alfalfa with economically valuable traits and properties.Varieties with high productivity of green mass and seeds have been created and studied.

Phytocenotic selection of perennial grasses as a factor of increasing the productivity of mixed agrophytocenoses

2020 ◽  
Author(s):  
V.N. Zolotarev ◽  
◽  
I.S. Ivanov ◽  
O.N. Lyubtseva
Keyword(s):  
Perennial Grasses ◽  
New Varieties ◽  
The Creation ◽  
High Yields ◽  
Selection Of

Based on the analysis of data available in the literature and our own experimental material on phytocenotic selection of the stony stalk (Bromopsis inermis Holub.) the important role of competition between plants in the field for the creation of new varieties of perennial grasses that provide high yields of feed polyvid agrophytocenoses is shown.

HIGH-PROTEIN VARIETIES AND PERSPECTIVE LINES OF SPRING BARLEY

1970 ◽  
pp. 23-25
Author(s):  
O. V. Levakova ◽  
L. M. Eroshenko
Keyword(s):  
Spring Barley ◽  
Weather Conditions ◽  
High Protein ◽  
New Variety ◽  
Breeding Lines ◽  
Feed Value ◽  
New Varieties ◽  
Research Grade ◽  
Range Of Variation ◽  
Variety Testing

The article presents the results of the analysis of the biochemical composition of selected in the competitive variety testing of new varieties and promising lines of spring barley, studied on the experimental field ISA-branch of FGBNU FNAC VIM in 2016-2018. Result of research in different years of water availability among the rooms was allocated a group of high-protein barley with improved feed value: 4 varieties, 2 of which are on the state variety testing, and 2 promising lines. The range of variation of protein content in the grain of the selected samples varied from 13.1 to 14.5 %, lysine – from 0.48 to 0.52 %, weight of 1000 grains-from 48.0 to 53.5 g. According to the data obtained the highest value of protein in grain was observed in krupnosortnogo varieties Zlatoyar (GSI), amounting on average for 14.5 %. The increase was equal to 1.1% in relation to the control variety Yaromir. With an average yield of 6.52 t/ha in the years of research grade Accounting have provided protein per hectare in the amount of 0,94 t/ha. A new variety Sudar´ (GSI) and breeding line 149/4-12 h 788 and 129/1-14 h 907 this indicator has been less productive, however, exceeded the grade Yaromir 0.10 to 0.16 t/ha. Given the higher productivity of new promising varieties and breeding lines, the collection of lysine per unit area they have 12.7, 30.8 per cent was higher than that of the Promej class and 10.6-23.6% more than in the variety Yaromir, which indicates their high biological value. Selected hulless line 1137 h is also an encouraging source of protein and other nutrients of plant origin. The selected lines and new varieties, regardless of weather conditions, were able to ensure the production of high-protein and sources' grain for feed purposes, while maintaining productivity.

Gesneriaceae of the old World III. New species and varieties from Borneo, chiefly from Mt Kinabalu

1992 ◽  
Vol 49 (3) ◽  
pp. 285-296 ◽  
Author(s):  
B.L. Burtt
Keyword(s):  
New Species ◽  
New Variety ◽  
Old World ◽  
Two New Species ◽  
New Varieties

A new variety of Agalmyla tuberculala Hook. f. is described; it extends the range of the species from Mt Kinabalu, Sabah, to Mt Murud, N Sarawak. Five new species and four new varieties of Cyrtandra are described from Mt Kinabalu; there are also two new species of Cyrtandra from Sarawak.

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