scholarly journals Legal protection of plant biotechnological inventions

1989 ◽  
Vol 61 (5) ◽  
pp. 405-414
Author(s):  
P. T. Vanhala ◽  
T. Pehu ◽  
H. G. Gyllenberg
Keyword(s):  
Plant Breeding ◽  
Legal Protection ◽  
The United States ◽  
Plant Production ◽  
Breeding Methods ◽  
Industrial Countries ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection ◽  
Biotechnological Inventions

Within biotechnology, plant production is regarded as one of the most promising adaptations. New plant breeding methods are considered to better fulfil the requirements set on patentability than the traditional breeding methods. In Europe, a plant variety can be protected by special legislation. The present patent laws in Europe are not applied to plant biotechnological inventions. The United States has three systems under which new varieties of plants may be protected. These include The 1930 Plant Patent Act, The 1970 Plant Variety Protection Act and The 1952 Patent Statute. Companies that have specialized in plant breeding and organizations representing the industrial countries recommend improvements to the legal protection. On the other hand, farmers and the developing countries are against better protection.

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.

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 Mejoramiento vegetal moderno, inteligencia artificial y derechos de propiedad intelectual

2020 ◽  
Vol 1 (2) ◽  
pp. 839-866
Author(s):  
Miguel A. Rapela
Keyword(s):  
Artificial Intelligence ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Human Person ◽  
Living Matter ◽  
Plant Variety ◽  
The Face ◽  
The One ◽  
The Right ◽  
Biotechnological Inventions

The modern plant breeding to obtain new plant varieties is based on genomic and phenomic selection generated through big data with millions of information points. In the face of such a quantity of data, it is necessary to use artificial intelligence to combine a complete vision and analysis of the problem through a human-computer interaction never addressed.The use of artificial intelligence has already created interpretive challenges in patents and copyrights. To a greater extent, modern plant breeding with the assistance of artificial inte-lligence is exposing major disarticulations and anachronisms in the Plant Breeder’s Rights and patent systems for biotechnological inventions. The challenges may even extend to the question of who would be entitled to the right in the case of products obtained without human intervention.The analysis of the situation indicates, on the one hand, that it would be necessary a review of the international framework of intellectual property rights in plant living matter which is based on independent treaties and conventions that apply to an indivisible organism as is a new plant variety. A more logical proposal would be to have a single, modern, and up-to-date compre-hensive sui generis protection system for all types of plant germplasm. On the other hand, it is proposed that, even in the case of products obtained through complete artificial intelligence processes, there must always be a human person legally responsible of the consequences of their actions, whether positive or negative

scholarly journals Perlindungan Hukum Bagi Pemulia Varietas Tanaman (Petani) Pasca lahirnya Undang-Undang Nomor 22 Tahun 2019 tentang Sistem Budi Daya Pertanian Berkelanjutan

2021 ◽  
Vol 8 (3) ◽  
pp. 867-880
Author(s):  
Muhammad Ihsan
Keyword(s):  
Intellectual Property ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
New Variety ◽  
Legal Rules ◽  
Legal Provisions ◽  
Plant Variety ◽  
The Republic ◽  
The Government

Pemuliaan tanaman menghasilkan sebuah varietas baru tanaman merupakan salah satu bagian dari Hak Kekayaan Intelektual (HKI) yang kemudian diatur sesuai dengan ketentuan akan hukum yang berlaku di Indonesia yang bertitik tolak dari ketentuan GATT/TRIPs. Kemudian bagaimana upaya yang dilakukan oleh Pemerintah Republik Indonesia guna melindungi hak-hak yang di miliki oleh Petani Kecil, lebih lanjut kita juga dapat melihat bagaimana pengaturan yang dilakukan oleh aturan hukum internasional guna melindungi Kepentingan Petani Kecil.Kata kunci : Perlindungan Hukum, Pemuliaan Varietas Tanaman, Pemuliaan, Petani Plant breeding to produce a new variety of plants is one part of the Intellectual Property Rights (IPR) which is regulated in accordance with the applicable legal provisions in Indonesia which start from the provisions of GATT / TRIPs. Then how are the efforts made by the Government of the Republic of Indonesia to protect the rights of Smallholders. Furthermore, we can also see how the arrangements are made by international legal rules to protect the Interests of Smallholders.Keywords: Legal Protection, Plant Variety Breeding, Breeding, Farmers

scholarly journals The Impact of Plant Variety Protection Regulations on the Governance of Agri-Food Value Chains

2019 ◽  
Vol 8 (3) ◽  
pp. 91 ◽  
Author(s):  
Antonella Di Fonzo ◽  
Vanessa Nardone ◽  
Negin Fathinejad ◽  
Carlo Russo
Keyword(s):  
Bargaining Power ◽  
Value Chains ◽  
Small Scale ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Long Run ◽  
New Varieties ◽  
Variety Protection ◽  
The Impact ◽  
Food Value

More than 25 years after the 1991 reform of the Union for the Protection of New Plant Varieties (UPOV) treaty, the regulation of Plant Variety Protection (PVP) is still controversial. While the incentives to private innovations are unquestionable, concerns have been raised about farmers’ access to resources, the weakening of their bargaining power, their entrepreneurial freedom, and ultimately their welfare. Our paper investigates the effect of PVP regulation on the governance of agri-food value chains (AFVC) with a small-scale survey of kiwi producers in Italy. We found that AFVC trading-protected (club) plant varieties are more likely to exhibit captive governance forms than those trading the free varieties. Nevertheless, the producers of club kiwis achieve higher returns from their investments and bear less risk than others. Because of the high demand for the club fruits, the breeders must give farmers highly profitable contract terms in order to elicit the production and to promote the adoption of the new cultivar. As a consequence, farmers are capturing a share of the value of innovation, even if the breeders have a strong protection. The long-run sustainability of this win-win agreement between breeders and farmers might be jeopardized should the demand for the new varieties fall.

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 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 PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN OBAT-OBATAN TRADISIONAL DALAM REZIM HAK KEKAYAAN INTELEKTUAL (HKI) INDONESIA (Studi Pada Masyarakat Tradisional Sasak)

2017 ◽  
Vol 6 (1) ◽  
pp. 67
Author(s):  
Dwi Martini ◽  
Hayyanul Haq ◽  
Budi Sutrisno
Keyword(s):  
Traditional Medicine ◽  
Legal Protection ◽  
Modern Medicine ◽  
Intellectual Ability ◽  
Basic Knowledge ◽  
Plant Variety ◽  
Modern Context ◽  
Local Law ◽  
Variety Protection ◽  
The Ideal

In the modern context, the Traditional Medicine Knowledge (TMK) of Sasak community is a valuable economic asset considering its usage as a basic knowledge (milestone) in the modern medicine discovery. As a form of human intellectual ability, TMK is regulated under the IPRs-TRIPs regime, whereas TMK have prominent opposite characters with IPRs. This fact raises particular issues in terms of: the form of Sasak community’s TMK, regulation of its protection under the IPRs regime and the ideal legal institution to realize the protection. The majority of Sasak’s TMK are transmitted verbally, a fraction of it was written in babon (book of) tetamba/oat and lontar Usada. The IPRs-TRIPs regime only provides indirect regulation toward TMK, as contained in Patent and Plant Variety Protection Law. Ideally, there should be a local Law that particularly regulates protection on Sasak’s TMK in order to prevent misappropriation. Thus, there is a void of Law since there is no Sui Generis Law on the protection of TMK.Keywords: legal protection, traditional medicine knowledge, legal void

scholarly journals PLANT VARIETY PROTECTION LEGISLATION: OVERVIEW OF AN INDIAN AND AFRICAN PERSPECTIVE

2018 ◽  
Vol 2 (1) ◽  
pp. 12-17
Author(s):  
V. Mathur ◽  
P. Musyuni
Keyword(s):  
Member Country ◽  
Economic Implications ◽  
Plant Variety Protection ◽  
Minimum Standards ◽  
Plant Variety ◽  
Effective System ◽  
Protection Legislation ◽  
New Varieties ◽  
African Perspective ◽  
Variety Protection

Plant Variety Protection (PVP) legislation provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders to encourage the development of new varieties of plants. The TRIPS agreement has established the minimum standards for protection and enforcement of plant varieties by the each member country. TRIPS left to each country’s discretion whether to protect new plant varieties by means of patent or by effective sui generis system or by any combination thereof. In India and Africa protection to new plant varieties is provided through PVP Acts. This paper discusses the salient features of the PVP laws of these countries. The PVP law affects the agriculture based economy in countries such as India and Africa in a significant way, thus, economic implications of this law are discussed herein.

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.

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