Abstract
The aim of this paper is to investigate the role of EU legislation in shaping innovation in cereal varieties. The research focuses on two fields of law and their relationship, i.e., intellectual property and agricultural law. More specifically, the normative legal investigation concerns the role played by Community plant variety protection and the EU legislation on the marketing of seed and plant propagating material in shaping innovation and stimulating plant breeding of new cereal varieties. The focus is on cereal varieties because innovation in this field has a great socio-economic impact, as well as strategic scientific and environmental implications. Breeding new cereal varieties is essential for the competitiveness of the seed and agricultural sector of the EU, and it can contribute to food security and the achievement of sustainable development goals. The study finds that it is necessary to simplify the existing legal framework by coordinating intellectual property and agricultural law, providing for legislative review and better coherence in order to effectively shape innovation and meet the changing demands of society and the sustainability challenges.
Highlights
The aim of this paper is to investigate the role of EU legislation in shaping innovation in cereal varieties
The purpose of this study is to investigate the relationship in the European Union between two fields of law, i.e., intellectual property and agricultural law, in shaping innovation in cereal varieties
Basic Regulation as “a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a plant variety right are fully met, can be: 1. defined by the expression of the characteristics that results from a given genotype or combination of genotypes, 2. distinguished from any other plant grouping by the expression of at least one of the said characteristics, and 3. considered as a unit with regard to its suitability for being propagated unchanged”
Summary
The aim of this paper is to investigate the role of EU legislation in shaping innovation in cereal varieties. The normative legal investigation concerns the role played by Community plant variety protection and the EU legislation on the marketing of seed and plant propagating material in shaping innovation and stimulating plant breeding of new cereal varieties. Overpopulation, scarcity of natural resources, climate change, and biodiversity conservation are some of the many factors to take into consideration during the debate on the role of innovation in agriculture In this framework, plant breeders are required to use their Promethean “creative power” to develop new plant varieties, able to improve agricultural productivity and meet the new and challenging demands of society, especially the increasing demand for sustainability in agriculture [4,5]. The purpose of this study is to investigate the relationship in the European Union between two fields of law, i.e., intellectual property and agricultural law, in shaping innovation in cereal varieties. Innovation in cereal breeding can play a key role since it is crucial to feed the world’s increasing su13148049
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
