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 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 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 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 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 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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