The Use of Molecular Marker Data to Assist in the Determination of Essentially Derived Varieties

Abstract

A primary reason to introduce the concept of an Essentially Derived Variety (EDV) was to retain the effectiveness of the sui generis Plant Variety Protection or Plant Breeders’ Rights system for the protection of new plant varieties in an era where it had become increasingly common and with greater facility to make relatively small genetic changes to existing varieties including through the use of transgenic modification, mutation breeding, and through the use in progeny selection using molecular markers. An initial concept was that EDV status would help provide a balanced approach to protection for the developer of the initial germplasm and a subsequent breeder who chose to make a change to that existing initial variety, one that may be genetically small, but with significant agronomic and economic consequences. The EDV concept can also help prevent plagiarism. Molecular markers are an important means to help determine EDV status. Crop specific guidelines have been developed. The technological and economic environment in which plant breeders operate will likely continue to change. These changes may well cause plant breeders and policy makers to seek to further adjust the sui generis intellectual property (IP) system so it can optimally contribute to and compliment other forms of intellectual property protection (IPP). The comprehensive goal should be to ensure that the various forms of IP that are available collectively maximize incentives to invest in the comprehensive range of breeding, research, and germplasm management activities that are required to develop improved varieties, both for today and for the long-term.