Protecting plant ‘invention’: The role of plant-variety rights and patents

Ardley, John; Hoptroff, Cedric G.M.

doi:10.1016/0167-7799(96)80924-3

Cited by 8 publications

(8 citation statements)

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“…by providing for ownership for 20 years from the date of application and publishing 18 months after application to eliminate the practice of "submarine" patent applications that only surface after a competitor has independently made the same invention (42). The issues involved are complicated, and some important differences in patent law between countries appear unlikely to be resolved in the near future (4).…”

Section: Intellectual Propertymentioning

confidence: 99%

PLANT TRANSFORMATION: Problems and Strategies for Practical Application

Birch

1997

Annu. Rev. Plant. Physiol. Plant. Mol. Biol.

502

269

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Plant transformation is now a core research tool in plant biology and a practical tool for cultivar improvement. There are verified methods for stable introduction of novel genes into the nuclear genomes of over 120 diverse plant species. This review examines the criteria to verify plant transformation; the biological and practical requirements for transformation systems; the integration of tissue culture, gene transfer, selection, and transgene expression strategies to achieve transformation in recalcitrant species; and other constraints to plant transformation including regulatory environment, public perceptions, intellectual property, and economics. Because the costs of screening populations showing diverse genetic changes can far exceed the costs of transformation, it is important to distinguish absolute and useful transformation efficiencies. The major technical challenge facing plant transformation biology is the development of methods and constructs to produce a high proportion of plants showing predictable transgene expression without collateral genetic damage. This will require answers to a series of biological and technical questions, some of which are defined.

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Section: Intellectual Propertymentioning

confidence: 99%

PLANT TRANSFORMATION: Problems and Strategies for Practical Application

Birch

1997

Annu. Rev. Plant. Physiol. Plant. Mol. Biol.

502

269

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“…In plant varietal improvement, when introducing a new variety, a breeder can apply for PBR (Weising et al 2005). It protects plant varieties propagated through seeds and tubers (Barton 1982) and Essentially Derived Varieties (EDVs); the ones primarily derived from an original variety or from a variety itself derived from a first variety conserving the expression of important traits resulting from the genetic architecture of the parental variety (Ardley and Hoptroff 1996). Many countries have enacted Acts and International Agreements to establish PBR within their territory and US Plant Variety Protection Act (PVPA) of 1970, provides breeders with a certificate granting rights for plants defined concerning uniformity, stability, and distinctiveness (Barton 1982).…”

Section: Plant Breeders' Rights (Pbr)mentioning

confidence: 99%

“…The protection of plant genotypes and Farmers' Rights Act (2001) and the Biological Diversity Act (2002) are some of the regulations which strengthen the rights of farmers as well as the breeders (Bhat 2006). All these acts and treaties offer breeders excluding others from producing, breeding, trading, importing or exporting of the propagating material of the protected cultivar (Ardley and Hoptroff, 1996) to safeguard their privileges.…”

Section: Plant Breeders' Rights (Pbr)mentioning

confidence: 99%

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Intellectual property rights (IPRs) for plant breeders: a review on theoretical framework and employment of DNA-based varietal authentication for claiming IPR

et al. 2018

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Plant patents (PPs) and Plant Breeders' Rights (PBR) are two forms of Intellectual Property Rights (IPRs) granted to improved novel crop varieties. The government of the state of authority issues PPs and PBR after confirming the uniqueness of varietal identity. The uniqueness relies on distinctiveness, uniformity, and stability of the new variety. Morphological, physiological and biochemical descriptors are less capable in varietal discrimination to obtain IPR in the presence of large number of closely related varieties as the reference collections, but advanced molecular tools such as DNA fingerprinting and sequencing have high potentials to detect the uniqueness. DNA fingerprinting and sequencing have identified varietal identities of many crops such as rice, apple, wheat, and soybean revealing the potential of the successful use of molecular descriptors in granting patents or PBR. The novelty verification is the first step in the process of allowing patents or PBRs. The patent or plant variety protection office requires an application from the breeder that includes all the details of the plant variety fulfilling all statutory requirements to grant varietal ownership via a patent certificate or a plant variety protection certificate. Currently, Sri Lanka has no developed system of IPRs to allow PBR or patents for improved crop varieties. The efforts made by breeders in developing novel varieties can be justified and appreciated by granting plant varietal ownerships. For this purpose, molecular descriptors must be used instead of inefficient morphological, physiological and biochemical characters to avoid ambiguities and to clearly define the inventor of a particular variety.

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“…Cultivar identification is useful for describing a new cultivar, testing genotype purity and speeding up distinctness uniformity-stability (DUS) test for candidate cultivar (Chan and Sun, 1997). For acquiring plant breeder's rights (PBR), varieties of agricultural importance have to be tested for distinctness (D), uniformity (U) and stability (S) (DUS testing) (Ardley and Hoptroff, 1996). Evaluation of genetic diversity in wheat has been on differences in morphological and agronomic traits or pedigree information (Bernard et al, 1998).…”

Section: Introductionmentioning

confidence: 99%

Protein landmarks for diversity assessment in wheat genotypes

Chandra¹,

Sharma²,

Saharan͙³

et al. 2013

Afr. J. Biotechnol.

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Grain proteins from 20 Indian wheat genotypes were evaluated for diversity assessment based seed storage protein profiling on sodium dodecylsulphate polyacrylamide gel electrophoresis (SDS-PAGE). Genetic diversity was evaluated using Nei's index, Shannon index and Unweighted pair group method with arithmetic mean (UPGMA) cluster analysis by constructing dendrogram of fractions of proteins, which were used for the calculation of similarity coefficients between these varieties. Diversity analysis attributes exhibited the importance of seed storage as a marker system. The similarity ranged from 32.14% to as high as 100% between genotypes. Adoption of this technology would be useful to plant protection regulatory systems, especially for plant variety identification and registration of new plant varieties, breeding programs and protection purposes.

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Protecting plant ‘invention’: The role of plant-variety rights and patents

Cited by 8 publications

References 0 publications

PLANT TRANSFORMATION: Problems and Strategies for Practical Application

PLANT TRANSFORMATION: Problems and Strategies for Practical Application

Intellectual property rights (IPRs) for plant breeders: a review on theoretical framework and employment of DNA-based varietal authentication for claiming IPR

Protein landmarks for diversity assessment in wheat genotypes

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