Abstract
Abstract Interests in the legal protection of plants (e.g., plant proprietary rights) has arisen from the rising costs of private and public research investment, and the economic value intrinsic in these intellectual properties. Moreover, recent advances in molecular biology (e.g., plant transformation) and the complex ramifications it holds for gene manipulation [i.e., potential specific insertion of a foreign gene(s)] has caused increased scrutiny by investors. Thus, it has become an economic necessity to protect research products that can provide incentives for future investment. In the United States there are five main categories of plant protection: (1) trade secrets; (2) contracts; (3) Plant Patent act (PPA); (4) Plant Variety Protection Act (PVPA), and; (5) utility patents. In Europe, plants are protected under “Plant Breeders Rights.” It is clear that disparity exists with regards to the legal relevance of genetic marker loci for plant variety protection. The purpose of this article is to explore ...
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