Plant Variety Protection Research Articles

Farmers' and Breeders' Rights: Bridging Access to, and IP Protection of, Plant Varieties in Africa

Studies in Africa have shown that saving, using, exchanging and selling farm-saved seed is the main channel through which farmers access seed and planting material. Moreover, these saving and related practices are recognised in international law, mainly through the International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty), which many African countries have ratified. These practices are also recognised by, inter alia, obligations at the national level to protect traditional knowledge relevant to seeds and planting material. The standard being employed in developing plant variety protection (PVP) mechanisms in Africa, as with elsewhere in the world, is the 1991 revision of the Convention of the International Union for the Protection of New Varieties of Plants (UPOV, 1991). This Convention has, since its inception, been developed with reference to developed-world farming practices. This article looks at how farmers’ rights are enshrined in Africa’s legal frameworks, and the extent to which the current process of developing regional PVP systems on the continent is taking farmers’ rights into account. The article then makes recommendations on how a balance can be struck between farmers’ and breeders’ rights, while still complying with the UPOV 1991 framework.

Morphometric characterization of maize hybrids and their parents using DUS guidelines

Maize is one of the economically important crop in the world. Protection of Plant varieties and Farmers Right Act (2001) insists on distinctness, uniformity and stability (DUS) characterization of extant, farmers and new varieties and recommends the registration of varieties for any one specific novel character. Studies initiated to verify morphological characters in two hybrids including GH-0727, Arjun and five parents CI-4, CI-5, KDMI-15, KDMI-16 and CI-4XCI- 5 of UAS, Dharwad, Kranataka, India. The results revealed that the 7 genotypes have variation for different morphological characters like tassel attitude of lateral branches, tassel angle, ear shape, plant height, tassel density of spikelet's and thousand seed weight.

Registration of ‘UI Platinum’ Hard White Spring Wheat

‘UI Platinum’ (Reg. No. CV‐1112, PI 672533) hard white spring wheat (Triticum aestivum L.) was developed by the Idaho Agricultural Experiment Station and released in 2014. UI Platinum was derived from the cross ‘Blanca Grande’ × ‘Jerome’ and tested under experimental numbers A01178S, IDO694, and IDO694C. UI Platinum was released for its improved grain yield and desirable bread and whole grain end‐use quality in irrigated and high rainfall production areas. Grain yield, end‐use quality, and resistance to stripe rust (caused by Puccinia striiformis Westend f. sp. tritici) of UI Platinum are better or equivalent to the three widely grown hard white spring cultivars ‘SnowCrest’, ‘WB Idamax’, and ‘WB Paloma’. UI Platinum is also 1 to 2 d earlier and 2 to 3 cm shorter than WB Idamax and WB Paloma. The University of Idaho Agricultural Experiment Station will maintain breeder and foundation seed of UI Platinum. This cultivar is protected under the US Plant Variety Protection Title V and all seed requests should be sent to the inventor/breeder during the period of protection. Registered and certified seed production and sales will be handled by LimaGrain Cereal Seeds and Lansing Trade Group LLC.

A Proteção Jurídica de Cultivares

Trata-se de um estudo do direito, inovação e sustentabilidade com enfoque em propriedade intelectual na agricultura, sobretudo na análise da Lei de Proteção de Cultivares. O panorama de cultivares registradas no Brasil em 2015 aponta cerca de 1.969, sendo (50) de feijão, arroz (65), cana de açúcar (105) e soja (598), com fortalecimento da pesquisa pública. Por fim, observa-se rupturas na cadeia de inovação nacional com limitação para amplo acesso da sociedade. Portanto, a temática é atual e relevante e envolve o debate sobre políticas de inovação e desenvolvimento agrário, além da soberania alimentar.

Can Plant Breeding Go Open Source?

Can Plant Breeding Go Open Source?

Study on the Plant Variety Protection System in European Union

Study on the Plant Variety Protection System in European Union

Implications of using genomic prediction within a high-density SNP dataset to predict DUS traits in barley.

Alternative methods for genomic prediction of traits and trait differences are compared and recommendations made. We make recommendations for implementing methods in the context of DUS testing. High-throughput genotyping provides an opportunity to explore the application of genotypes in predicting plant phenotypes. We use a genome-wide prediction model to estimate the contribution of all loci and sum over multiple minor effects to predict traits. A potential use is in plant variety protection to discriminate among varieties on distinctness. We investigate this use with alternate scenarios in a set of 431 winter and spring barley varieties, with trait data from UK DUS trials comprising 28 characteristics, together with SNP genotype data. Firstly, each trait is predicted from genotypes by ridge regression with discrimination among varieties using predicted traits. Secondly, squared trait differences between each pair of varieties are regressed on genetic distances between each variety by ridge regression, with discrimination among varieties using the predicted squared trait differences directly. This latter approach is analogous to the use of phenotype and marker differences introduced to human genetic linkage analysis by Haseman and Elston and to the analysis of heritability in natural populations of plants by Ritland. We compare correlations between methods, both trait by trait and summarised across all traits. Our results show wide variation among correlations for each trait. However, the aggregate distances calculated from values predicted by genotypes show higher correlations with distances calculated from measured values than any previously reported. We discuss the applicability of these results to implementation of UPOV Model 2 in DUS testing and suggest 'success criteria' that should be considered by testing authorities seeking to implement UPOV Model 2.

Characterization of mature maize (Zea mays L.) root system architecture and complexity in a diverse set of Ex-PVP inbreds and hybrids

The mature root system is a vital plant organ, which is critical to plant performance. Commercial maize (Zea mays L.) breeding has resulted in a steady increase in plant performance over time, along with noticeable changes in above ground vegetative traits, but the corresponding changes in the root system are not presently known. In this study, roughly 2500 core root systems from field trials of a set of 10 diverse elite inbreds formerly protected by Plant Variety Protection plus B73 and Mo17 and the 66 diallel intercrosses among them were evaluated for root traits using high throughput image-based phenotyping. Overall root architecture was modeled by root angle (RA) and stem diameter (SD), while root complexity, the amount of root branching, was quantified using fractal analysis to obtain values for fractal dimension (FD) and fractal abundance (FA). For each trait, per se line effects were highly significant and the most important contributor to trait performance. Mid-parent heterosis and specific combining ability was also highly significant for FD, FA, and RA, while none of the traits showed significant general combining ability. The interaction between the environment and the additive line effect was also significant for all traits. Within the inbred and hybrid generations, FD and FA were highly correlated (rp ≥ 0.74), SD was moderately correlated to FD and FA (0.69 ≥ rp ≥ 0.48), while the correlation between RA and other traits was low (0.13 ≥ rp ≥ −0.40). Inbreds with contrasting effects on complexity and architecture traits were observed, suggesting that root complexity and architecture traits are inherited independently. A more comprehensive understanding of the maize root system and the way it interacts with the environment will be useful for defining adaptation to nutrient acquisition and tolerance to stress from drought and high plant densities, critical factors in the yield gains of modern hybrids.Electronic supplementary materialThe online version of this article (doi:10.1186/s40064-015-1187-0) contains supplementary material, which is available to authorized users.

Inappropriate Processes and Unbalanced Outcomes: Plant Variety Protection in Africa Goes Beyond UPOV 1991 Requirements

The African Regional Intellectual Property Organization (ARIPO) has traditionally been skeptical toward the African Intellectual Property Organization's (OAPI) approval in 1999 of a plant variety protection that was compatible with UPOV 1991, a convention adopted by the International Union for the Protection of New Varieties of Plants. Recently, however, ARIPO has been rushing through a plant variety protection (PVP) protocol, that in April 2014 was found by the UPOV Council to be in conformity with UPOV 1991. The article draws upon theories identifying under which conditions secretariats of international organizations (IOs) are able to operate without too stringent supervision and control by states. These theories goes beyond standars principal‐agent theories, identifying IOs that regulate issues requiring high levels of expertise. Based on this general model, the article investigates both the process and the outcome of the ARIPO Arusha PVP Protocol. It finds that the interests of breeders prevail, while farmers’ organizations and organizations promoting the public interest are to a large extent sidelined from the negotiations. The article then analyzes the content of the recently adopted Tanzanian Plant Breeders Rights Act, noting that several provisions go beyond the UPOV 1991 requirements. The article calls for the more flexible approach of the TRIPS Agreement.

Can expired proprietary maize (Zea mays L.) industry lines be useful for short-season breeding programs? II. Agronomic traits

U.S. Patent and Plant Variety Protection Act protect maize (Zea mays L.) inbreds and hybrids. The overall objective of this research was to assess the usefulness of patent expired maize inbred lines. Factorial crosses were made including North Dakota State University (NDSU) lines, ex-PVP lines, and top industry testers in the 2010 NDSU Fargo summer nursery and in the 2010–2011 NDSU New Zealand winter nursery. Hybrids were planted across six different ND environments in 2011 and 2012 following partially balanced lattice experimental designs. Combining ability analyses were performed following a factorial design with fixed parents. Our research identified ex-PVP inbreds PH207, Q381, PHP02, S8324, PHK76, CR1Ht, PHT77, LH205, LH54, and PHJ40 as above average lines in hybrid combinations to increase yield. Our trials suggest most ex-PVP lines are not useful directly for commercial purposes but could be used as potential breeding sources for short-season maize breeding programs. Improvements in intellectual property and re-thinking of breeding rights access are encouraged to explore more suitable hybrids for northern U.S. farms. Current industry lines have important trait weaknesses for northern U.S. climates that public sector breeders in strategic breeding locations could improve in order to develop better hybrids for farmers. Our preferred choice would be to partner with industry in order to improve current industry lines with known weaknesses, especially for northern U.S. and Canada environments.

The Breeder's Exemption Under the 1991 International Convention for the Protection of New Plant Varieties and the Convention on Biological Diversity and Its Nagoya Protocol

The 1991 International Convention for the Protection of New Plant Varieties (UPOV 1991) provides for a breeder’s exemption allowing the protected plant variety to be used to breed new varieties. The United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol provide a scheme for access plant materials (genetic resources) that might be used for breeding new varieties and details an obligation to share any benefits. This article shows that while the CBD and Nagoya Protocol and UPOV 1991 operate separately, in their implementation in domestic laws the CBD/Nagoya Protocol access and benefit-sharing contracts can limit the UPOV 1991’s breeder’s exemption, restricting further breeding of new varieties.

El régimen de protección jurídica de las obtenciones vegetales en México: propuestas para una mejor adaptación al sistema CUPOV

El sistema de protección de propiedad industrial en variedades vegetales se encuentra regulado a nivel internacional en el Convenio Internacional para la Protección de Obtenciones Vegetales (CUPOV). Como parte de las obligaciones contraídas por México con la firma del Tratado de Libre Comercio para América del Norte (TLCAN) se encuentra la de dar protección a todas las variedades vegetales según el Acta del cupov de 1978 o la de 1991. Esta obligación se cumplió con la promulgación de la Ley Federal de Variedades Vegetales (LFVV) en 1996. El artículo analiza, en un primer momento, las disposiciones del régimen de protección jurídica de variedades vegetales del cupov en torno al concepto de variedad vegetal; la prohibición de la doble protección; los requisitos para obtener un título de obtención vegetal, así como el contenido de la protección jurídica de la variedad vegetal. En un segundo momento se analiza la trasposición de la normativa del CUPOV a la LFVV con el objeto de sugerir propuestas de mejora a la regulación mexicana más acorde con los intereses nacionales.

A Differentiated Approach to Plant Variety Protection in Africa

Several African countries and regional organisations are investing in the establishment of a plant variety protection system modelled on the UPOV 1991 Convention, which currently provides the strongest, international standard for plant variety protection. Whereas proponents argue that strong protection of breeder’s rights will incentivize breeding and the introduction of new varieties for farmers, opponents fear that the proposed legal framework is unsuitable for African countries as it may hamper traditional farming practices of using and exchanging farm-saved seed. These informal or farmer-managed seed systems supply more than 80% of the total food crop seed used by farmers. The challenge for African countries is to strike a balance between protecting the interests of breeders through the incentive function of plant breeder’s rights for the commercial market, and the leeway that needs to be provided to smallholder farmers that depend on informal sources for their seed security and survival. And to do so in a practical and legally enforceable manner. This paper explores how African countries and regional organisations can establish such balance through a differentiated approach to plant variety protection, which sets different levels of protection for different crops in relation to different categories of farmers.

Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture: The International Framework and National Approaches in the Philippines and India

The so-called 'biotechnology clause' of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an 'effective sui generis system' or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, 'traditional knowledge' remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The Philippine legislation attempts a 'bottom-up' approach focusing on the holistic perceptions of indigenous communities, whereas national economic interests thus far receive priority in India’s more centralist approach. Administrative decentralisation, recognition of customary rights, disclosure requirements, registers of landraces and geographical indications are discussed as additional measures, but their implementation is equally challenging. The article concludes that many of the concepts remain contested and that governments have to balance the new commercial incentives with the biodiversity considerations that led to their introduction, so that the system can be made sufficiently attractive for both knowledge holders and potential users of the knowledge.

Plant varieties protection in the European Union: legal aspects

Purpose. Reviewing the EU legislation on plant varie­ties protection including documents of the International Union for the Protection of New Varieties of Plants (UPOV) that related to the national laws of its member states. Results. Based on the sources processed, the authors give a brief analysis of the basic EU Council Regulation № 2100/94 of 27 July 1994 on Community plant variety rights and regulations of the European Commission adopted to implement it. Basic copyright concepts, features of plant varieties protection in the EU, including those under the UPOV Convention, are also considered. Conclusions. For Ukraine, obtaining full membership in the EU, on the one hand, requires harmonization of its laws with the re­levant EU legislation, on the other – improvement of the present system of plant varieties protection taking into account national interests of Ukraine.

Solving the issues in studying the soil cover at the institutions for plant varieties examination

Purpose. Considering ways to solve issues related to soil cover study at the institutions for plant varieties examination. Methods.Fieldandanalytical ones. Results. Issues are identified that arise during soil sampling at institutions for plant varieties examination within the state system of plant varieties protection. The author considered in detail the current soil sampling techniques for agrochemical tes­ting for humus, nitrogen (compounds to be easily hydrolyzed), mobile P2O5, exchangeable K2O, hydrolytic acidity and others. Attention was paid to violation of methodological requirements concerning the time of soil sampling and number of samples for agrochemical testing at the experimental field, to the lack of devices for meteorological observation and appliances for soil and leaf diagnostics. The article also touches upon the issues associated with the study of soil cover at fields with scientifically-based crop rotation that belong to institutions for plant varieties examination within the state system of plant varieties protection. Conclusions. It should be necessary to follow recommended practice when sampling at elementary sites for agrochemical testing and performing all operations in accordance with crop cultivation flowcharts. General recommendations for agrochemical testing of fields in case of conventional crop rotations in farms are not suitable for fields with scientifically-based crop rotations at institutions for plant varieties examination.

Chromosome doubling in Paspalum notatum var. saure (cultivar Pensacola)

Paspalum notatum is one of the most important native grassland species of southern Brazil, and the main forage source for livestock. The native ecotypes are tetraploid and have apomictic reproduction, which prevents the registration and protection of plant varieties. However, the cultivated variety Paspalum notatum var. saurae (cultivar Pensacola) is diploid and sexual. The objective of this study was to artificially produce polyploid cv. Pensacola plants, to be used as female parents in crosses with male tetraploid and apomictic parents. Seedlings and seeds were immersed in colchicine solutions for different periods. A tetraploid chromosome number was confirmed in three plants. The reproduction mode of the resulting polyploid plants will be assessed; if confirmed to be sexual, they can be used in crosses with native apomictic plants to breed new intraspecific hybrids.

Development of a New Hibiscus Cultivar ‘Daewangchun’ with Vigorous Growth and Unique Red Eye through Interspecific Hybridization

A new Hibiscus cultivar ‘Daewangchun’, having vigorous growth, uniform plant habit, upright, compact branches, and a long red eye was developed through interspecific crosses between H. syriacus ‘Samchully’ (♀) and H. sinosyriacus ‘Seobong’ (♂). The Hibiscus breeding program was initiated in 2005 and Hibiscus × ‘Daewangchun’ was preliminarily selected as ‘05-R-204’ in 2008 due to its vigorous growth and stable flower quality with rich pink flowers. The selected line w as further e valuated for different growth characteristics, leaf shape, leaf size, and flowering characteristics, as well as tested for distinctness, homogeneity, and stability during 2010-2012. The new cultivar ‘Daewangchun’ had violet pink flowers (RHS N80C) with a long red eye spot, medium size and fan petals. The size of flower was 12.0 ㎝ and size of the red eye was 3.0 ㎝. Leaves were 8.7 ㎝ long and 4.7 ㎝ wide. After plant characteristic evaluation for 3 years (2010-2012), 05-R-204 was registered as cultivar ‘Daewangchun’ (4731, No. of plant variety protection rights) in 2013. This newly developed cultivar ‘Daewangchun’ has tall vigorous growth and unique flowers with a long red eye and can be used as specimen plants in landscaping.

Intellectual Property Law of Plant Varieties in Thailand: A Contextual Analysis

This paper considers current statutory framework for plant variety protection in Thailand, as represented by the Plant Variety Protection Act B.E.2542 (AD1999) (PVP Act). This examination involves an overview of Thailand’s plant protection regime and a discussion of the key provisions of the Thai PVP Act. The overall objective of this paper is to address the central question related to the adequacy of the Thai PVP law in terms of promoting agricultural development in terms of protecting the rights of breeders and farmers, how agricultural research is conducted, and the way in which the benefits are shared among all players in agricultural management in Thailand.

A solution to the controversy on plant variety protection in Africa.

African countries can establish a plant variety protection system that supports commercial seed systems without negatively affecting smallholder farmers.