Plant Variety Protection Certificates Research Articles

Molecular characterization of some Egyptian sorghum bicolor genotypes using ISSR markers

Sorghum is the second African most important cereal, it's well adapted to tropical and sub-tropical areas, It enters in the industry of flour, fuel, source of fiber, the manufacture of fermentation and beer, extracting some chemical compounds like dextrin, windbreakers, building fences and fresh fodder crops especially in summer. Microsatellites or Inter Simple Sequence Repeats (ISSRs) are becoming the markers of choice in many plant breeding programs because they are transferable, multiallelic co-dominant, PCR-based, easily reproducible, randomly and widely distributed along the genome. Twenty Egyptian sorghum (Sorghum bicolor (L.) Monech) genotypes were assessed for DNA polymorphism using 10 ISSR primers. All tested ISSR primers yielded amplified products and generated 152 alleles (average of 15.2 alleles/marker). Out of the 10 used ISSR primers, eight primers obtained 24 unique markers among the 20 studied sorghum genotypes. However, molecular characterization revealed polymorphism percentage of a 100% for ISSR markers, including a high level of polymorphism among the studied sorghum genotypes. On the other hand, cluster analysis using UPGMA method classified the 20 sorghum genotypes into two groups using ISSR markers. The cluster analysis showed a high genetic variation among the studied sorghum genotypes and the diversity of these genotypes was in an agreement with their source pedigree. The results of principle coordinate analysis (PCoA) were closely in line with those of the cluster analysis. These results could be used by breeders to develop protocols for sorghum improvement. From the commercial point of view, molecular fingerprinting is a useful tool for several applications, including its use in breeding programs, in determining relatedness of genotypes and for pedigree verification. Molecular fingerprints are useful for varietal protection to prove ownership or derivation of plant lines as well as to prove violations and breaching of patent and plant variety protection certificates or the misappropriation of trade secrets.

Diversity and heterotic patterns in North American proprietary dent maize germplasm

AbstractPublicly available maize (Zea mays L.) inbred lines with expired Plant Variety Protection certificates (ex‐PVP) constitute the elite germplasm used in hybrids grown by North American farmers during the past half century. A set of 329 ex‐PVP inbreds and eight public reference inbreds was evaluated for genetic diversity using molecular marker and pedigree‐based relationships. The majority of inbreds originated from Dekalb Genetics Corporation, Holden's Foundation Seed, Pioneer Hi‐Bred International, and Syngenta via Novartis and Northrup King. Flowering ranged from 968–1806 growing degree days to anthesis, supporting that these inbreds represent adaptation across the range of North American production environments. Admixture analysis supported eight subgroups (B14, B37, B73, Oh43, Iodent, Iodent‐Lancaster, Lancaster, and Flint), reflecting heterotic patterns and company of origin. Five diallel‐cross experiments identified primary yield heterotic patterns within early‐, intermediate‐, and late‐maturity groups. Parental pedigree information was compiled for 2392 Plant Variety Protection and/or utility patented inbreds through 2017, allowing for multigenerational analysis of progenitors and the eight heterotic subgroups across current proprietary breeding programs. Key progenitors were identified for recently merged companies, Bayer Crop Science and Corteva Agriscience. The results of this study strengthen the value of the ex‐PVP inbreds as a source of elite and relevant germplasm for breeders and researchers to exploit. This study provides information that will be logistically useful to researchers who use ex‐PVP inbreds and adds to our understanding of heterotic grouping within North American proprietary germplasm.

To Protect or Not to Protect: Guide for Deciding on Public Release or Intellectual Property Protection of New Plant Cultivars and Germplasm

The U.S. Department of Agriculture’s Agricultural Research Service (ARS) and universities have a long and successful history of developing enhanced germplasm and cultivars that are transferred through public release. Today, nonprotected public release may not be the most appropriate mechanism. Intellectual property (IP) protection as it pertains to the plant germplasm and cultivars is involved and complex. Unlike other scientific areas, in the United States there are three distinct mechanisms to protect plants—namely, utility patents, plant patents, and plant variety protection certificates. Each of these mechanisms offers different criteria for protection and covers different types of plants. This article is a practical tool to help research institutions and scientists decide when to consider releasing a germplasm or cultivar, which factors to consider, who should be involved, and whether IP protection is appropriate.

Genetic relatedness of previously Plant-Variety-Protected commercial maize inbreds.

The emergence of high-throughput, high-density genotyping methods combined with increasingly powerful computing systems has created opportunities to further discover and exploit the genes controlling agronomic performance in elite maize breeding populations. Understanding the genetic basis of population structure in an elite set of materials is an essential step in this genetic discovery process. This paper presents a genotype-based population analysis of all maize inbreds whose Plant Variety Protection certificates had expired as of the end of 2013 (283 inbreds) as well as 66 public founder inbreds. The results provide accurate population structure information and allow for important inferences in context of the historical development of North American elite commercial maize germplasm. Genotypic data was obtained via genotyping-by-sequencing on 349 inbreds. After filtering for missing data, 77,314 high-quality markers remained. The remaining missing data (average per individual was 6.22 percent) was fully imputed at an accuracy of 83 percent. Calculation of linkage disequilibrium revealed that the average r2 of 0.20 occurs at approximately 1.1 Kb. Results of population genetics analyses agree with previously published studies that divide North American maize germplasm into three heterotic groups: Stiff Stalk, Non-Stiff Stalk, and Iodent. Principal component analysis shows that population differentiation is indeed very complex and present at many levels, yet confirms that division into three main sub-groups is optimal for population description. Clustering based on Nei’s genetic distance provides an additional empirical representation of the three main heterotic groups. Overall fixation index (FST), indicating the degree of genetic divergence between the three main heterotic groups, was 0.1361. Understanding the genetic relationships and population differentiation of elite germplasm may help breeders to maintain and potentially increase the rate of genetic gain, resulting in higher overall agronomic performance.

Do firms with larger patent portfolios create more new plant varieties in the US agricultural biotechnology industry?

This article is an empirical analysis of the relationship between patent ownership and variety innovation for US agricultural biotechnology firms in the years 1976–1999. Counts of new varieties include corn, soybean, or wheat varieties protected by either patents or plant variety protection certificates, while patent portfolio size is defined as the count of a firm's gene and method patents. Negative binomial regression results indicate that firms with larger patent portfolios did not exhibit scale economies in variety creation nor did firms with wider technological diversity in their patent portfolios create significantly greater numbers of new varieties. However, firms experienced positive spillover effects from rival firms’ patent ownership, and patent ownership increases this effect. Sample firms that have merged in the past do not produce significantly greater numbers of new varieties after considering an increase in portfolio size and did not experience greater economies of scale in creating new varieties compared with firms that experienced no past mergers.

A set of descriptors for evaluating guayule germplasm

Commercialization of guayule ( Parthenium argentatum Gray) as a source of rubber is receiving world-wide attention as an alternative to Hevea in order to meet increasing demand for natural rubber. As more breeders, agronomists, botanists and other scientists become involved in evaluating and developing guayule germplasm, it is imperative that a uniform set of germplasm descriptors is available. These descriptors are also necessary for use in obtaining plant variety protection certificates. The objective of the current study was to develop a set of descriptors for evaluating guayule germplasm in breeding and agronomic studies as well as identify a minimum set of descriptors to use when time or labor make using all of the descriptors not feasible. Based on the experience of the authors and previous research, a set of descriptors was developed and used to evaluate breeding nurseries of both traditionally and transgenically developed guayule plants. The descriptors were easy to use and required a minimum amount of time per plant, so that a large number of lines could easily be evaluated. The descriptors adequately covered the range of diversity observed in the nurseries evaluated. A set of 14 minimum descriptors is proposed – plant height, plant width, biomass, number of main branches, bark thickness, leaf shape, leaf serration number, dormancy break, flower bud score, 1000 seed weight, rubber content and yield, and resin content and yield. For germplasm protection uses, the full set of descriptors should be used. The descriptors will provide uniformity in comparing germplasm performance across environments. The descriptors will also be valuable to regulatory agencies in granting various plant variety protection certificates.

FREEDOM TO OPERATE: Intellectual Property Protection in Plant Biology and Its Implications for the Conduct of Research.

▪ Abstract Research endeavors are being affected by issues involving intellectual property (patents, copyrights, and trademarks). The acquisition of rights in intellectual property by universities can result in the transfer of new innovations to the private sector, with the university recouping a share of the profits for support of further scientific research. Intellectual property rights available for new plant cultivars include plant patents, plant variety protection certificates, plant breeder's rights, and utility patents. Under the patent laws, there is no explicit exemption for research use, so researchers are increasingly being required to execute materials transfer agreements to obtain permission to use patented materials, such as techniques, genes, seeds, and cell lines, in laboratory research and in breeding programs. Research scientists must educate themselves on these issues so that they can make informed decisions regarding their research practices and the licensing of their discoveries.

Valuation of Plant Variety Protection Certificates

Hedonic pricing is used to value certificates of plant variety protection for soybean seed in New York. The estimated price premium of 2.3 percent (0.7/lb) is low, and another indicator that U.S. Plant Breeders' Rights protection likely provides inadequate incentives for breeding investment. Soon, Congress will decide on amending the Plant Variety Protection Act to strengthen protection. The current results suggest strengthening is needed, but additional study is required to determine if the proposed amendments are optimal.

Intellectual property of plant varieties

International intelectual property legislation has different Ways to protect plants and its application should depend of a specific country development. Mexico choose one of these ways of it’s intellectual property law Since 1991, it is possible to patent new varieties. In this document is analized all kind of plant varieties protection ways. Recently, the Mexican government has subimitted a new law related with plant protection and it has been sent to different research institution related with plant breeding. This law is according with 1991 UPOV Convention. The Mexican govemment proposai means a hard change from the patent system to plant variety protection certificates, and it is an opportunity to design a national strategy to develop our agriculture through of a narrow relationship among government research institutes, universities and industry.

STATUS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION

The various forms of intellectual property rights are discussed and compared including utility patents, Plant Variety Protection Certificates, Breeder's Rights, and Plant Patents. Recent developments in Plant Variety Protection and Breeder's Rights are reviewed, including the recent court decision in Asgrow v. Winterboer. How an “essentially derived” variety will be defined in the new 1991 UPOV convention, and in member countries, including several examples will be discussed. Recent examples of issued utility patents will also be presented.

There is not a conflict between intellectual property rights and the rights of farmers in developing countries

This article follows one putting the contrary view by H. Shand. It is argued that intellectual property rights (IPR) stimulate plant breeding in developing countries. The perceived advantages and disadvantages of plant variety protection certificates, trade secrets and utility patents are considered. It is argued that patents have not restricted plant biotechnology research in the USA, partly as a result of the experimental use doctrine. The farmers' exemption and 'brown bagging' are criticized as undermining incentives to invest in plant breeding. It is argued that IPR do not per se encourage a narrowing of the genetic base, as the market drives which cultivars are sold, independent of IPR protection.