Abstract

 
 
 The evolving impact of plant breeders’ rights was investigated in a bid to provide a basis for understanding the complex relationship that exists between scientific, legislative and market matters that shape the peach and nectarine fresh fruit sector. The results show that there is complementarity among varietal legislation, deregularisation, international trade policies, market trends and research intensity. Plant varietal legislation is found to play a facilitative role in ensuring the growth in the sector which has evolved from merely facilitating access to better quality cultivars which were bred beyond South Africa’s borders, to the provision of good quality germplasm that aids in the breeding of locally bred varieties which better meet the production needs of local farmers. The results of the analysis show that strengthened varietal legislation has contributed significantly to cultivar development, reduced varietal concentration, increased resource (land) utilisation and increased export revenue generation and market penetration. The study warns of the negative effects that widening the scope of the Plant Breeders’ Rights Act would have on innovation and cultivar access by poor farmers. Because of the strong ties existing between innovation and R&D investment, the recommendation is for an increase in R&D investment in the local research institution.
 
 
 
 
 Significance: 
 
 
 
 Insights into the impact of legislation on the industry’s growth and development are given.
 Empirical evidence related to the sector’s performance of the innovation market is presented.
 
 
 
Highlights
There is a general consensus that technical innovation can aid in solving diverse challenges facing the agriculture sector
The study has shown that the incentive that has been provided by plant breeders’ rights (PBRs) has interacted with several factors such as deregularisation, international trade policies, market trends, adoption of non-variety technologies and research intensity
During the early years after the introduction of the PBR legislation, the protection of plant variety served as a vehicle which enhanced the use of foreign-bred cultivars within South Africa
Summary
There is a general consensus that technical innovation can aid in solving diverse challenges facing the agriculture sector. In particular, has been hailed as one area of great importance as the seed contains the genetic code which sets the potential frontline of the production quantity and quality of an agricultural industry.[2] As seed or cultivar development plays a pivotal role in ensuring global economic development[3], it is necessary to promote the exchange of such technologies across country borders because such innovations require substantial investments over long time periods (10 to 15 years1) to yield returns. Various reports in developing countries have shown that plant variety legislation has contributed to higher foreign direct investment; increased genetic diversity; increased production of varieties which produce higher yields with a better quality agricultural output which have improved food security; and facilitated the provision of varieties which promote the use of sustainable farming practices.[1] These reports imply significantly large economic benefits. Other findings show that the presence of PBRs has deterred seed development and hindered the economic participation of small-scale farmers in developing countries and has, overall, left the developing community worse off.[2,7] Some find little evidence showing the achievement of intended goals.[8]
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