scholarly journals The evolving landscape of plant breeders’ rights regarding wheat varieties in South Africa

2016 ◽  
Vol Volume 112 (Number 3/4) ◽  
Author(s):  
Charity R. Nhemachena ◽  
Frikkie G. Liebenberg ◽  
Johann Kirsten ◽  
◽  
◽  
...  
Keyword(s):  
South Africa ◽  
Agricultural Research ◽  
Crop Protection ◽  
Wheat Plant ◽  
Wheat Varieties ◽  
Data Set ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Variety Protection ◽  
Plant Breeders Rights

Abstract Addressing the multiple challenges facing global agriculture requires integrated innovation in areas such as seeds, biotechnology, crop protection, grain storage and transport. Innovations related to plant improvement and the development of new or improved plant varieties will only happen at an optimal level if plant breeders’ rights (PBR) are properly protected. The objective was to analyse the evolving landscape of wheat plant breeders’ rights to address the dearth of empirical evidence of the patterns and trends of wheat varietal improvements in South Africa. We compiled a detailed and novel count and attribute database of wheat varietal innovations in South Africa from 1979 to 2013 using various sources. This data set was then analysed to ascertain the main trends in, and ownership of PBRs for wheat varietal improvements in South Africa over this period. A total of 134 PBR wheat varietal innovations were lodged from 1979 to 2013, an average of 6 applications per year. The administrative delays in granting PBR applications were substantially reduced by 77 days during the post-deregulation period (after 1996), indicating increased efficiency. The main PBR applicants were Sensako (39%), the Agricultural Research Council Small Grains Institute (ARC-SGI) (25%) and Pannar (15%). The ARC-SGI contributed to some of the PBRs owned by private companies through shared genetic resources before Plant Variety Protection (PVP) was implemented. Future innovations and dissemination of wheat innovations can be stimulated by plant variety protection, together with broader variety sector legislation that encourages both public and private sector investment.

scholarly journals The Structure of the sunflower plant breeders’ rights landscape in South Africa

2020 ◽  
Vol 116 (9/10) ◽  
Author(s):  
Charity R. Nhemachena ◽  
Binganidzo Muchara
Keyword(s):  
South Africa ◽  
South African ◽  
Agricultural Research ◽  
Weather Conditions ◽  
The South ◽  
Data Set ◽  
Agricultural Research Council ◽  
Adverse Weather ◽  
Private And Public ◽  
Plant Breeders Rights

Varietal innovations and protection of plant breeders’ rights (PBRs) contribute to the development of any crop’s ability to produce higher yields relatively consistently. Producing yields under adverse weather conditions and the overall characteristic of drought tolerance, make the sunflower an attractive crop for producers in dryland production regions. The main objective of this study was to give an overview of the structure of the South African sunflower breeding programme, focusing on the construction of PBRs and the leading players in sunflower breeding and seed production in South Africa. We compiled a detailed database of sunflower varietal innovations in South Africa from 1979 to 2019 using various sources such as the South African Grain Laboratory, the Department of Agriculture’s Plant Variety Journals and the Crop Estimation Committee. This data set was then analysed using descriptive statistics and trend analysis to determine the main trends in ownership of PBRs and sunflower varieties. We looked at the inclusion of new sunflower varieties on the national variety list for sunflower varietal improvements in South Africa over this period. A total of 76 PBR sunflower varietal applications were lodged for the period – an average of 1.9 applications per year. The principal applicants for varietal inclusions on the national variety list were Pannar with 102 varieties (23.8%), Pioneer seeds with 51 varieties (11%), Saffola seed with 42 varieties (9.8%) and Agricultural Research Council with 10 varieties (2.3%). In order for breeders to benefit from their investment in research and avoid exploitation of their work, they need to be protected and receive returns on their investments. Innovation can be stimulated by proper collaboration between the private and public sectors, aided by broader variety sector legislation that encourages all players to invest.

scholarly journals Evolution, importance and evaluation of cultivar protection in Brazil: the work of the SNPC

2012 ◽  
Vol 12 (spe) ◽  
pp. 99-110 ◽  
Author(s):  
Fabrício Santana Santos ◽  
Daniela de Moraes Aviani ◽  
José Antônio Fernandes Hidalgo ◽  
Ricardo Zanatta Machado ◽  
Stefânia Palma Araújo
Keyword(s):  
Scientific Community ◽  
Agricultural Sector ◽  
International Affairs ◽  
Plant Variety Protection ◽  
Legal Provisions ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection ◽  
Socioeconomic Benefits ◽  
Plant Breeders Rights

Law no. 9.456/97 instituted the Plant Variety Protection Act (Lei de Proteção de Cultivares - LPC) in Brazil, bearing a range of positive aspects for Brazilian agriculture, such as the increase in the number of new varieties in Brazil, both domestic and foreign; incentives for breeding activities in the country; and socioeconomic benefits to the agricultural sector. In 15 years of activity in the sphere of the Ministry of Agriculture, Livestock and Food Supply (Ministério da Agricultura, Pecuária e Abastecimento), the National Plant Variety Protection Service (Serviço Nacional de Proteção de Cultivares - SNPC) has consolidated its activity, not only through its credibility in analysis and granting of plant variety protection (PVP) applications, but also through its proactive stance in technical and legal activities in Brazilian and international affairs, as well as involving the scientific community in a participatory manner in the actions it develops. Nevertheless, in spite of these advances, there is a great deal of discussion regarding the limitations to effective exercise of plant breeders' rights caused by some legal provisions of the LPC that may lack refinement.

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.

European Union Plant Variety Protection

2021 ◽  
Author(s):  
Gert Würtenberger ◽  
Martin Ekvad ◽  
Paul van der Kooij ◽  
Bart Kiewiet
Keyword(s):  
European Union ◽  
Case Law ◽  
Patent Infringement ◽  
Practical Relevance ◽  
Member States ◽  
Plant Variety Protection ◽  
Eu Member States ◽  
Plant Variety ◽  
Variety Protection ◽  
The Eu

This book explains how the Community plant variety rights system works and provides guidance regarding the field of law relating to the Basic Regulation and other implementing regulations. It gives an idea of how the grant system works, the advantages of Community plant variety rights, and the aspects to be considered in exploiting and defending. It also explains the mechanisms in the Basic Regulation on how infringements of Community plant variety rights should be dealt with, including certain enforcement systems of the EU Member States. This book analyses major aspects that are considered of practical relevance in infringement proceedings under the applicable national law. It elaborates how the case law is limited in comparison with patent infringement proceedings throughout the EU Member States.

Plant variety protection in developing countries. A report from the field

Food Policy ◽  
2007 ◽  
Vol 32 (3) ◽  
pp. 354-371 ◽  
Author(s):  
Robert Tripp ◽  
Niels Louwaars ◽  
Derek Eaton
Keyword(s):  
Developing Countries ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Variety Protection
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