scholarly journals Plant Variety Protection Act Amendments of 1993 : hearing before the Subcommittee on Agricultural Research, Conservation, Forestry, and General Legislation of the Committee on Agriculture, Nutrition, and Forestry, United States Senate, One Hundred Th

1993 ◽  
Author(s):  
2016 ◽  
Vol Volume 112 (Number 3/4) ◽  
Author(s):  
Charity R. Nhemachena ◽  
Frikkie G. Liebenberg ◽  
Johann Kirsten ◽  
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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.


Genes ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 1127
Author(s):  
Ju-Kyung Yu ◽  
Yong-Suk Chung

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.


Author(s):  
Gert Würtenberger ◽  
Martin Ekvad ◽  
Paul van der Kooij ◽  
Bart Kiewiet

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.


Food Policy ◽  
2007 ◽  
Vol 32 (3) ◽  
pp. 354-371 ◽  
Author(s):  
Robert Tripp ◽  
Niels Louwaars ◽  
Derek Eaton

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