Plant Breeders Rights Research Articles

Impacts of changes to Canada's Plant Breeders' Rights Act

AbstractOn February 27, 2015, as part of the Agricultural Growth Act, amendments to the Canada's Plant Breeders' Rights (PBRs) Act came into force, making Canada compliant with Union for the Protection of the New Varieties of Plants (UPOV) 91. One objective of adopting UPOV 91 was that it would encourage increased investment in plant breeding, giving Canadian farmers greater access to new and innovative plant varieties that enable them to be more globally competitive. To assess whether the adoption of UPOV 91 impacted crop variety investments, a survey of Canadian public and private plant breeders was undertaken in 2021–2022. Results indicate that the length of research grants play a significant role in plant breeders' perspectives. Previous research indicated that the adoption of UPOV 91 provided minimal incentives to increase investments. Results of this survey indicate that 52% of respondents, either agree or strongly agree, that the amendments to the PBR Act have provided an incentive to increase plant breeding investments.

Legal and Historical Perspective of Plant Breeders Rights Act of Pakistan

Pakistan is an agricultural country and numerous plant varieties have been developed indigenously by local scientists. There was a long felt need to introduce any sort of protection mechanism for these novel plant varieties to protect the research and development (R&D). Being a World Trade Organization (WTO) member, Pakistan acceded to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995, and since then, legislation was due to protect the rights of breeders of new plant varieties. In 2016, the Government of Pakistan passed the Plant Breeder’s Rights Act (PBRA), in alignment with the International Union for the Protection of New Varieties of Plants Convention of 1991 (UPOV), balancing the interests of biotechnology companies and traditional plant breeders. The current study highlights Pakistan's strengths and areas that still require improvement to meet the nation's demands for plant variety protection.

The regulatory landscape of genetically engineered crops in Pakistan

AbstractGenome editing technology has become part and parcel of biotechnological approach to understand the genetic basis of different biological processes in an organism and for its application in different fields. The basic need of world food production demands a highly variable population of plants with maximum diversity of agronomic traits of interest. Genome editing is unique in the sense that it provides a direct approach to generate targeted variability. The worldwide availability of genome‐edited crop varieties in the global market is approaching, whereas the decision to deal with genome‐edited (GE) crops differently from genetically transformed crop varieties is under discussion all around the world. GE may add allochthonous or autochthonous sequences into the genome much like traditional transgenesis or cisgenesis. Considering this fact, the United States declared genome‐edited crops as conventional. Many countries such as Japan, UK, China, and Brazil have already legislated their GE products and their products are near to get entry to the market. In Pakistan, academic and research‐based scientific institutions have been working on genome‐edited crops by using CRISPR (clustered regularly interspaced short palindromic repeats) Cas technology. As being a signatory of the Cartagena protocol, every case of GM (Genetically modified) or GE (Genetically Engineered) should be passed through the Technical Advisory Committee which will be decided on case‐to‐case bases depending upon its nature of random or targeted mutation. Pakistan Environmental Protection Act, Intellectual Property Organization of Pakistan Act, Seed amendment act, and PBR (The Plant Breeders' Rights Act) are the major constitutional acts employed and working for the regulations of GM alongside GE crops. Now, discussions of scientists, academicians and officials from regulatory body are in process for the design of GE crop commercialization policy in Pakistan. The CRISPR‐Cas9 system is now the most in‐demand piece of technology and has become an indispensable component of research and development in the field of life sciences.

Evaluation of SNP fingerprinting for variety identification of tomato by DUS testing

Variety identification is crucial for PBR (plant breeders’ rights) protection and PVR (plant variety registration). DUS (Distinctness, Uniformity and Stability) testing, utilizing field-based morphological inspection and DNA fingerprinting with molecular markers in the laboratory are commonly employed methods for variety identification. However, the limited number of molecular markers used in DNA fingerprinting often lacks close linkage to DUS traits. In this study, 116 tomato varieties were well identified both by SNP fingerprinting and DUS testing. PCA (Principal Component Analysis) and population classification demonstrated a highly consistent outcome between SNP fingerprinting and DUS testing, resulting in the division of 116 varieties into three groups: big fruit, cherry, and processing tomatoes. Furthermore, we selected a new set of 16 core SNPs and 18 core DUS traits, which exhibited higher efficiency in variety identification due to their convenient and easy processing. Moreover, the observed variations in SNP markers among each pair of tomato varieties were linearly correlated with those comparison of all different DUS traits (R2 ​= ​0.85), and the linear correlation was also obtained based on the comparison of different core SNP fingerprints with those of the core DUS traits (R2 ​= ​0.86). In conclusion, we evaluated SNP fingerprinting for variety identification in comparison to DUS testing, and found these two methods had consistent result. This study also highlights the potential of limited core DUS traits and core SNP fingerprints for effective identification and discrimination of tomato varieties.

Plant Breeding and Intellectual Property Rights in Nepal

This article examines the adoption of plant breeders’ rights (PBR), also known as intellectual property rights (IPR), pertaining to plant breeding and genetics in various nations. Its main goal is to offer direction for the growth of an organized and competitive plant breeding industry in Nepal. The paper seeks to analyze the mechanisms that ensure adequate protection of intellectual property and returns on investment in plant breeding, drawing on international practices and treaties like the Convention on Biodiversity, Trade Related Aspect of Intellectual Property (TRIPS), and the International Union for the Protection of New Varieties of Plants (UPOV). The paper presents case studies to demonstrate how these issues are addressed by looking at the current IPR landscape in Asia, Europe, and North America. These results are the basis of policy recommendations to aid Nepal in developing a strong plant breeding industry.

Developing an integrated genomic selection approach beyond biomass for varietal protection and nutritive traits in perennial ryegrass (Lolium perenne L.)

Key messageBreeding target traits can be broadened to include nutritive value and plant breeder’s rights traits in perennial ryegrass by using in-field regression-based spectroscopy phenotyping and genomic selection.Perennial ryegrass breeding has focused on biomass yield, but expansion into a broader set of traits is needed to benefit livestock industries whilst also providing support for intellectual property protection of cultivars. Numerous breeding objectives can be targeted simultaneously with the development of sensor-based phenomics and genomic selection (GS). Of particular interest are nutritive value (NV), which has been difficult and expensive to measure using traditional phenotyping methods, resulting in limited genetic improvement to date, and traits required to obtain varietal protection, known as plant breeder’s rights (PBR) traits. In order to assess phenotyping requirements for NV improvement and potential for genetic improvement, in-field reflectance-based spectroscopy was assessed and GS evaluated in a single population for three key NV traits, captured across four timepoints. Using three prediction approaches, the possibility of targeting PBR traits using GS was evaluated for five traits recorded across three years of a breeding program. Prediction accuracy was generally low to moderate for NV traits and moderate to high for PBR traits, with heritability highly correlated with GS accuracy. NV did not show significant or consistent correlation between timepoints highlighting the need to incorporate seasonal NV into selection indexes and the value of being able to regularly monitor NV across seasons. This study has demonstrated the ability to implement GS for both NV and PBR traits in perennial ryegrass, facilitating the expansion of ryegrass breeding targets to agronomically relevant traits while ensuring necessary varietal protection is achieved.

How plant variety protection fails to benefit breeders to the detriment of plant innovation in Kenya's maize seed sector

AbstractThe adoption by African countries of plant variety protection via the adherence to the union internationale pour la protection des obtentions végétales (UPOV) convention has received criticism because it may dispossess African farmers of their seeds. Little is known about the empirical workings of UPOV's plant breeders' rights (PBRs) regarding African food crops. I interviewed plant breeders and right holders in Kenya's maize seed sector. I found that few actors register maize PBRs because maize varieties are often hybrid and especially because alternative, more powerful forms of pseudo‐intellectual property are available in Kenya. Accordingly, almost all of the few protected varieties have been developed by the same breeding team within the parastatal maize seed company. In short, the main problem I discovered with PBRs in the Kenyan maize seed sector is not that they dispossess farmers. It is rather that, although PBRs sometimes accrue to individual breeders, conservative employers like the parastatal do not regard breeders as creative innovators. They do not incentivise their employees and do not use PBRs to this effect. This is problematic in circumstances like Kenya's, where selected breeding teams and individuals are much more productive than others and where a quickly changing climate may require a higher varietal turnover of adapted, formally bred varieties.

Proposals for the improvement of the technical examination under the EU Plant Breeders’ Rights system

Two complementary strategies are presented aiming at improving the technical examination of new plant varieties under the procedure for the granting of new Plant Breeders Rights, both in the European Union and within the framework of the International Union for the Protection of New Varieties of Plants, in order to stimulate innovation in the plant breeding sector. The proposed measures are (relatively) easily implementable, without major systemic reforms, and have the potential to ease innovation, either generically, or addressed at specific relevant key challenges, such as the adaptation of agriculture to climate change.

El régimen jurídico y la concesión de los títulos de obtentor en México

This article analyses the implementation of the Legal Regime of protection of plant varieties in Mexico and the procedure of concession of title deeds. The starting point is the description of the Mexican agriculture offering a dichotomous panorama; traditional agriculture on one hand, and on the other, the commercial agriculture. It is followed by the study of the implementation of the plant variety system as part of the economy changes of the decade 1980 and 1990, period in which the Mexican State stops participating in the agricultural activity and undertakes a commercial discharge. Following with the study of one of the key elements of this change, the international trades that obligate Mexico to protect the plant varieties and The International Agreement for the Protection of the Plant Breeders. Briefly, the agreements in which the industrial property is limited is examined as well as its constitutional regulations and its interpretation that allows to balance the interests of all the involved parties. Following with a review of the Legal Regime the Federal Law of Plan Varieties and its Regulation. The limits of the Plant Breeders rights is emphasized, as well as the protection of the biodiversity. The administrative structure involved in the procedure of concession of plant breeders’ deeds and, the whole process, from the application to the obtention of the plant breeders’ deeds is studied.

Farmers’ Rights and Plant Breeders’ Rights under Indian Regulations of Plant Variety Protection: A TRIPS Compliant Harmonised Coexistence

India’s ‘Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001’ was enacted by its Parliament in accordance to the Article 27.3(b) of Trade Related Intellectual Property Rights (TRIPS) Agreement. In a significant deviation from the contemporary legislations around the world and also the International Union for the Protection of New Varieties of Plants (UPOV) Acts (1973 and 1991), the PPV&FR Act is a sui generis option, that provides an effective system for the protection of plant varieties, the rights of farmers and plant breeders that encouraged development of new varieties as well as those which were in common knowledge of the farmers or were in the possession of farmers traditionally. This article explains how the Indian legislation is the best fit to match the requirements farmers as well as plant breeders, keeping in view the local agricultural situations, societal constitution and livelihood mechanisms, especially for small-holder farmers.

Looking backward to find a path forward for the sustainable flow of suitable potato varieties to Eritrean potato farmers

ABSTRACT The lack of a sustainable flow of suitable potato varieties is a major contributing factor to low productivity and production of potato in Eritrea. This study examined the history of potato variety introductions to identify weaknesses, a path forward and enable the sustainable flow of suitable potato varieties to potato farmers. The research approaches included: reviewing the history of potato variety introductions to Eritrea, consultation with local and international stakeholders and a survey assessing potato variety preference. Over 70 varieties of potato have been introduced and 14 varieties approved through the official system but with only three currently available. Many farmers rely on poor-quality seed from unofficial sources. The analysis led to the identification of priorities for improvement: strengthening research institutions to create networks for potato variety sourcing; strengthening local regulatory institutions to implement registration and release standards; engaging potato farmers in the variety evaluation process; considering Plant Variety Protection and Plant Breeders Rights when establishing potato variety conservation; designing maintenance and multiplication strategies and also allowing the private sector to participate in potato variety seed sourcing and distribution. These options could be the basis of a roadmap making improved potato varieties and seeds available to potato farmers in Eritrea.

Towards a Fair Scope of Protection for Plant Breeders’ Rights in an Era of New Breeding Techniques: Proposals for a Modernization of the Essentially Derived Variety Concept

Plant breeders’ rights (PBRs) are an important IP right, and as plant breeding has a crucial role to play in sustainability, it is vital that innovations in plant breeding receive the appropriate innovation incentives. The full breeders’ exemption ensures that there is always free access to the plant variety protected by a PBR for developing new varieties. The price to pay for this exemption is that PBR holders cannot prevent third parties from taking advantage of their efforts and investments in developing a new variety. This invites free-riding, at the detriment of the PBR holder. The concept of “essentially derived varieties” (EDV), introduced in 1991, provided a “fix” for this problem. It allows PBR holders to extend, at least to some extent, the scope of protection of their PBR to those varieties which use all or most essential characteristics of the initial protection variety. Decades have passed, but no adequate interpretation of the complex EDV concept has been found. The advent of new breeding techniques (NBTs) has made the discussion about a fair scope of protection of PBRs all the more relevant. This necessitates a modernization of the EDV concept, if the PBR system is to remain relevant and continue to be an innovation-incentivizing mechanism. I argue that a broader scope for the EDV concept is essential and fair. Determining what essential derivation is will remain a difficult task also in the future. This is why I have additionally proposed a collaborative reward model, which will facilitate the functioning of the EDV system and is capable of providing more legal certainty in this area.

English

DNA fingerprinting is rapid, easy, and efficient method for discrimination, identification and characterization of various genotypes for protection of plant breeder’s rights (PBRs). Present study was designed for DNA fingerprinting and genetic diversity assessment of 25 GM cotton genotypes (possessing Cry1Ac gene) using 297 SSR markers through conventional PCR and Polyacrylamide gel electrophoresis. Out of 297 SSR markers, 25 markers were not amplified, 28 were monomorphic and 244 were polymorphic. A total of 1537 alleles were amplified among which 1294 (84.18%) were polymorphic. PIC value in our study ranged from 0.08 to 0.93 with an average of 0.73. Unique allelic pattern was observed for nineteen genotypes whereas six genotypes were identified using two-step identification methods. The UPGMA dendrogram divided the genotypes into two distinct clusters. Cluster I was comprised of 20 genotypes whereas cluster II was comprised of four genotypes. MNH-1020 did not obey any clustering and remained separated. The results of the structure analysis were complementary to cluster analysis and the population was divided into two subgroups. Our results evidenced narrow genetic base of the cotton genotypes cultivated in Punjab Pakistan due to use of common parents in the pedigree/parentage. Further, we proposed a core set of markers for future DNA fingerprinting and genetic diversity studies. The information generated in this study will be helpful in variety registration and subsequent protection under PBRs. Further our findings will be useful in selection of SSR markers for future studies which are focused on DNA fingerprinting and genetic diversity assessment. © 2021 Friends Science Publishers

Stealing the common from the goose: The emergence of Farmers' Rights and their implementation in India and Brazil

AbstractThe emergence of Farmers' Rights in international law is closely related to the “seed wars” at the UN Food and Agriculture Organization (FAO) during the 1980s. Recognizing the plant innovations of farmers everywhere, these rights represented a countervailing measure against increasing pressures to protect commercial plant breeders' rights around the world. Nearly three decades later, the intellectual property rights of plant breeders, internationally recognized and legally binding, are stronger than ever, while Farmers' Rights are facing increasing threats from the continuing spread of industrial agriculture and biotechnologies. The present article seeks to make two contributions: first, embedding the emergence of Farmers' Rights in a historical analysis, it conceptualizes them not simply as a new category of rights, but as a specific manifestation of the conflictual entwinement of capitalism and plant genetic resources fomented in the geopolitical context of the 20th century. Second, focusing on India and Brazil, it analyses the different manner in which the state in both has played a crucial role in restricting the real freedoms of traditional farmers. While farmers' “interests” are routinely preyed upon to justify various policies, their overall effect promises to deepen the ongoing process of farmers' dispossession and separation from their basic means of production: the seed.

Structure of the sunflower plant breeders’ rights landscape in South Africa

Varietal innovations and protection of plant breeders’ rights (PBRs) contribute to the development of any crop’s ability to produce higher yields relatively consistently. Producing yields under adverse weather conditions and the overall characteristic of drought tolerance, make the sunflower an attractive crop for producers in dryland production regions. The main objective of this study was to give an overview of the structure of the South African sunflower breeding programme, focusing on the construction of PBRs and the leading players in sunflower breeding and seed production in South Africa. We compiled a detailed database of sunflower varietal innovations in South Africa from 1979 to 2019 using various sources such as the South African Grain Laboratory, the Department of Agriculture’s Plant Variety Journals and the Crop Estimation Committee. This data set was then analysed using descriptive statistics and trend analysis to determine the main trends in ownership of PBRs and sunflower varieties. We looked at the inclusion of new sunflower varieties on the national variety list for sunflower varietal improvements in South Africa over this period. A total of 76 PBR sunflower varietal applications were lodged for the period – an average of 1.9 applications per year. The principal applicants for varietal inclusions on the national variety list were Pannar with 102 varieties (23.8%), Pioneer seeds with 51 varieties (11%), Saffola seed with 42 varieties (9.8%) and Agricultural Research Council with 10 varieties (2.3%). In order for breeders to benefit from their investment in research and avoid exploitation of their work, they need to be protected and receive returns on their investments. Innovation can be stimulated by proper collaboration between the private and public sectors, aided by broader variety sector legislation that encourages all players to invest.
 Significance:
 
 The study addresses the absence of empirical proof on the patterns and trends of sunflower varietal improvements in South Africa.
 The study provides evidence on the evolution of varietal rights, the extent of varietal rights granted, and which sunflower varieties were included on the national variety list and the breeders and owners of the varieties.

A review of plant breeders’ rights application and granting for fruit trees in China from 2000 to 2019

China is the largest fruit producer in the world. The demand for new varieties is high, but there is very limited information on the application and granting procedures for plant breeders’ rights (PBR) in China, constituting a bottleneck for new variety owners attempting to reach this promising market. In this review, published information on all fruit tree (including strawberry) PBR applications and grants from 2000 to the end of 2019 from the Chinese Ministry of Agriculture and Rural Affairs was collected and analyzed. PBR applications were submitted for 26 genera/species of fruit trees, covering tropical, subtropical and temperate fruit trees and berries. Malus Mill., Actinidia Lindl. and Vitis L. were the genera/species with the highest number of PBR applications—189, 183 and 168, respectively. A total 984 and 337 applications were from domestic and 19 foreign countries, respectively, the latter led by the United States of America, Japan and South Korea. Among foreign applicants, more than half were privately funded entities. Public institutions dominated domestic applicants. A total of 428 and 89 PBR were granted to domestic and foreign applicants, respectively. The granting lag from application was 2.91 years for domestic and 7.15 years for foreign applications, and the underlying reason for this difference is analyzed. This review provides a broad overview of fruit tree PBR applications and grants in China, which could help breeders with PBR application-related decisions, and serve to optimize the PBR application process in China.

Impact of endophyte inoculation on the morphological identity of cultivars of Lolium perenne (L) and Festuca arundinacea (Schreb.)

Grass endophytes have been shown to confer enhanced environmental resilience to symbiont cultivars with reports of modified growth. If inoculating with an endophyte (E+) made an accession morphologically distinct from its registered endophyte free (E−) accession, there could be protection and ownership issues for testing authorities and breeders. This study investigated if, in official Plant Breeders Rights (PBR) field trials, the morphological characteristics of E+and E− accessions of perennial ryegrass and tall fescue cultivars were sufficiently modified to designate them as mutually distinct and also distinct from their definitive accessions (Def), held by the testing authorities. Testing perennial ryegrass on 17 characters at 2 sites generated 48,960 observations and for tall fescue on 9 characters at 1 site, 12,960 observations (each for 3 accessions of 4 cultivars × 60 plants × 2 growing cycles). Distinctness required a p < 0.01 difference in a single character from the combined over years analysis (COYD). A few significant differences were recorded between E− and E+accessions. Cultivar Carn E+ was smaller than Carn E− for Infloresence Length (p < 0.01) in both years but COYD analysis (p < 0.05) was insufficient to declare distinctiveness. Overall, the number of observed differences between E−/E+ accessions was less or similar to the number expected purely by chance. In contrast, comparisons between Def and E− or E+ accessions showed a number of significant differences that were substantially more numerous than expected by chance. These results showed no conclusive evidence of endophyte inclusion creating false PBR distinctions but unexpectedly, several E− and E+ accessions were distinguished from their official definitive stock.

The Protection of Farmers’ Rights Under International Law and its Implementation in Indonesia

Farmers’ rights are a concept proposed by Mooney in the 1980s to reconcile the growing conflict over plant genetic resources, known as the “seed war”. The concept was then promoted by a Canadian non-governmental organisation, the Rural Advancement Foundation International (RAFI). to address growing concerns over genetic erosion and the North-South “gene drain”. RAFI argued that these farmers’ rights should be considered a new type of collective intellectual property right (IPR) meant to counter Plant Breeders’ Rights (PBRs) as stipulated under the International Convention for the Protection of New Varieties of Plants (UPOV Convention).3 The underlying principle of protecting farmers’ rights was to counterbalance the protection of new plant varieties through IPR regimes, operating to ensure the right of farmers to access their community-developed varieties.

The Arusha Protocol on plant varieties protection: balancing breeders' and farmers' rights for food security in Africa

The adoption of the Arusha Protocol for the Protection of New Varieties of Plants (Arusha Protocol) in 2015 created a harmonized regional legal mechanism for the protection of plant breeders’ rights (PBRs) in the African Regional Intellectual Property Organization (ARIPO) member states. Regrettably, the Arusha Protocol, which is to enter into force after the requisite ratifications, reaffirms the often criticized International Convention for the Protection of New Varieties of Plants of 1991 (UPOV 1991) in its extensive limitation of the traditional farmers’ rights to freely save, replant and exchange seeds of protected plant varieties, while liberally conceptualizing PBRs. The stated farmers’ rights are essential for the food security of the developing ARIPO member states, as their agriculture is predominantly characterized by impoverished small-scale farmers who rely on informal seed exchanges. On that basis, this article is premised on the view that the legal regime for plant varieties protection established under the Arusha Protocol is inappropriate for ARIPO members as it fails to balance breeders’ and farmers’ rights in a manner that promotes food security. It proceeds to evaluate the appropriate approach that can suitably balance breeders’ and farmers’ rights for the purposes of promoting food security in Africa.

The Effects of Plant Breeders’ Rights on Wheat Productivity and Varietal Improvement in South African Agriculture

The strengthening of the intellectual property rights (IPRs) for plant varieties provide incentives for breeding companies to invest more resources in plant breeding. The main objective of this paper was to analyze the effects of strengthening the wheat variety intellectual protection on wheat productivity and the release of new varieties. The strength of IPR systems was measured using an intellectual property (IP) protection index, and plant breeders’ rights (PBRs) granted for wheat varieties. The empirical analyses were based on correlation and multiple regression analyses. The results showed that strengthening IPR systems in South Africa contribute to improving wheat productivity and increasing the number of wheat varieties released. Furthermore, although the robust coefficients of the other IPR variables are positive, they are statistically insignificant for all scenarios. There is a need for more incentives beyond granting PBRs and strengthening of IPR systems to be provided in the whole wheat sector to stimulate increased investments and the release of new varieties.