Plant selective breeding achievements: legal protection and intellectual property rights

Abstract

Selective breeding achievement is a result of intellectual activity and at the same time a powerful means of production. Plant breeding and high culture of farming became the economic ground for emergence, development and existence of ancient and today’s civilizations for many centuries. Contribution of plant breeders to tackle the problems of food production and other challenges is always both of economic and political relevance, hence, selective breeding achievements are considered strategic objects. As the population of the planet increases and the need for the environment preservation grows, the role of the breeding activity will play a central role. There is much concern for every country about the balance between the necessity to provide the population with food and sustain biological variety in today’s global world. One of the ways to address the food issues and others is a genetic modification of living organisms including plant variety. Goals of the modern market of crop cultivation are to create adaptive breeds, which are resistant to biotic and abiotic stresses, can secure high and consistent harvest and are suitable for cultivation using resource saving technology, as well as food-supplying, technical and feeding orientation of the developed cultivars. At present, plant variety rights in most developed countries are completely excluded from the scope of patent law and are attributed to sui generis right. The authors’ research on plant variety rights from civil perspective allows for in-depth study of the character of the object.