Plant Variety Protection Research Articles

Privately public seeds: competing visions of property, personhood, and democracy in Costa Rica's entry into CAFTA and the Union for Plant Variety Protection (UPOV)

Costa Rica's entry into the Central American Free Trade Agreement (CAFTA) was hotly contested and the subject of a national referendum. For activists opposing the treaty, questions of 'privatizing seeds' through imposing intellectual property rights were among the main concerns raised by the treaty, as one requirement of CAFTA was signing the international Convention on Plant Variety Protection known as UPOV. The threat to farmers' seeds in Costa Rica and many other parts of the world is more complicated than being a clear-cut issue of privatization. Struggles for control over seeds are a crucial part of the political economy of agriculture that are grounded in debates over the significance of the physical and social properties of seeds as a natural resource. This article explores how debates over intellectual property rights to seeds confound simple distinctions between public domain and private property, and the implications for agricultural genetic diversity. Moreover, through the story of Costa Rica's engagement with CAFTA and UPOV, I contemplate the broader effects of the free trade paradigm on reconfiguring ideas not only of property but also of personhood and democracy. I will argue that through reconfiguring the boundary between the public domain and private property in the realm of seeds, recent intellectual property trends also reinscribe the definition of farmers along pre-defined class lines. Through their actions, groups involved offer competing visions of how a local resource should be defined and internationally connected; these visions can be understood as competing visions of political ecology in practice.Keywords: Costa Rica, CAFTA, UPOV, intellectual property, seeds

A historical analysis of diversity trends in French and Dutch lettuce cultivars

Using historical seed catalogues in combination with molecular fingerprinting data, diversity trends of lettuce, representing an important vegetable with active breeding programmes, were studied. Seed catalogues originating from France and the Netherlands from five different decades, the earliest dating from the 1840s, were checked for the occurence of lettuce cultivars. A total of 225 catalogues, with 7,311 records of lettuce, representing 878 different cultivars were found. The number of unique cultivars on offer by French and Dutch companies showed a small continuous increase until the 1960s, after which the number of cultivars on offer more than doubled to a total of 534 in the 1990s. Only a relatively small overlap between France and the Netherlands in the range of cultivars offered was observed. The 1960s appeared to be a period with many changes: the lowest genetic diversity in lettuce cultivars was found for this decade, whereas after the 1960s the number of companies supplying lettuce seeds reduced dramatically. The percentage of companies in a decade offering an identical cultivar decreased over time, and in the 1990s almost all cultivars were unique to only a single company. The possible relations of the observed trends with the developments in plant variety protection and in the plant breeding industry are discussed.

Farmer-Centric Developmental Approaches Through Sui-Generis Intellectual Property Rights Regimes: Lessons from the Indian Experience

The TRIPS Agreement provides for the signatory countries to protect plant varieties either by patents or by an effective sui generis system or a combination thereof [Article – 27.3(b)]. Developing countries are inclined to opt for a sui generis mechanism as it would provide greater sovereign rights over their biological resources. The intellectual property rights regime heralded by the TRIPS incorporate no provision for recognising traditional knowledge, farmer technologies, innovations and practices of local communities as protectable subject matter under IPRs. Farmers’ participation in decision making, regulation of access to biological resources, prior informed consent, fair and equitable sharing of benefits etc comprise of essential tenets of such an objective mechanism. It is suggested that measures to modify WTO and the TRIPS adequately need to be adopted so as to bring them in consonance with the developing countries’ needs. Such a sui generis system provides a basis of cooperation of regional cooperation and integration among like-minded states.

Intellectual Property and Agriculture: The Case on Soybeans and Monsanto

Developing countries had to implement Intellectual Property Rights on Agriculture after the creation of the World Trade Organization (WTO), in 1995. The Trade Related Aspects of Intellectual Property Rights agreement (TRIPS agreement), one of the WTO treaties, requires members to adopt an effective mechanism to protect plants, either by patents or a sui generis system. I intend to show that developing countries have institutional weaknesses that make it possible for multinational companies to dominate their markets, using Intellectual Property Rights, even when these countries do not accept their patents. The complexity of patent law, mainly in new legal areas, such as Agriculture; the lack of knowledge among actors within the production chain and/or of judges deciding hard cases; and the long timeline to conclude court cases in developing countries increase the legal possibilities of companies to extend their market share through legal strategies. I outline, as well, how IPR applied to seeds, conceived to stimulate innovation in some cases, results in controlling the international market by some of the seed companies. This observation is true, whatever legal system is chosen to ensure the protection – patent or protection of varieties of plants (UPOV) – although the latter is less extensive. Indeed, in some cases, the control exerted by IPR is sufficient to dominate the national exportation market; and, therefore, affects the world market. This is clear, particularly in some markets such as genetically modified (GM) soybeans, characterized by the existence of an international debate on consumers’ rights to choose their food. In this case, the domination of productive markets results in considerably restraining the production and, therefore, the export of soybeans that are not genetically modified, thus, eliminating the possibility of choice for consumers and agents of the importing countries. I intend to demonstrate these assertions through a case study. I demonstrate how one enterprise (Monsanto) could increase its market share of the Brazilian production of soybeans, and then dominate it for more than ten years, using arguments of Intellectual Property Rights in national Courts. The enterprise filed patents on genes related to soya beans. The Brazilian National Institute of Intellectual Property (INPI) denied these patents or other companies contested them in the Courts. Since most national courts do not dominate Intellectual Property Law, the lawsuit took many years to finish. During this period, it was possible to create a complex network of contracts, based on legally disputed patents and the protection of varieties of plants. Since the national Judiciary and actors within the production chain in developing countries (Brazil) do not dominate the technicalities of Intellectual Property Law, this prolonged the domination of the national market. However, as we shall see in some cases, it has backfired. I intend to criticize this strategy and show its limitations over time. After ten years and many legal decisions, Monsanto could lose the case. This is probably the most important case in Intellectual Property Rights today. The case between Apple and Samsung, ruled in 2012, for example, resulted in compensations of US $1.05 billion. Here compensations could reach US $3.5 billion. Since Brazil is the one of the biggest exporters of soybeans in the world, it is also an important market to study Intellectual Property Rights on seeds. The article is divided in various parts: First, a summary of the international legal framework related to intellectual property and seeds. Second, the main legal and economic differences between the State’s two main legal possibilities: plant variety protection and patents. Third, a presentation of the Brazilian legal framework. Fourth, the Monsanto legal strategy making Brazil accept patents on plants and genes. Fifth, the top-to-bottom agreements with traders based on Intellectual Property Rights. Sixth, the agreements with competent seed companies. Seventh, the agreements with warehouses, cooperatives, and individual farmers based on the creation of an effective database and the presumption of the validity of those Intellectual Property Rights. Eighth, the farmers’ reactions on European and Brazilian Courts, which demonstrated how fragile this strategy could be, based on the decision that resulted in billions of dollars in compensations against Monsanto.

Classification of Kentucky Bluegrass (Poa pratensis L.) Cultivars and Accessions Based on Microsatellite (Simple Sequence Repeat) Markers

Kentucky bluegrass (Poa pratensis L.) is an important facultative apomictic temperate perennial grass species used for both forage and cultivated turf. Through apomixis, this species is able to propagate diverse and odd ploidy levels, resulting in many genetically distinct phenotypes. A wide range of diverse cultivars and accessions of kentucky bluegrass have been previously characterized based on pedigree, common turf performance, and morphological characteristics to create a kentucky bluegrass cultivar classification system. The objectives of the current study were to assess the amount of genetic divergence among kentucky bluegrass cultivars, experimental selections, and plant collections and revise/update the original pedigree, turf performance, and morphological characteristics kentucky bluegrass classification system using recently described kentucky bluegrass microsatellite [simple sequence repeat (SSR)] markers. In this study, 247 kentucky bluegrass cultivars, experimental selections, and collections were genotyped using 25 SSR markers. SSR markers showed a strong correlation between genetic relatedness as assessed by molecular markers and the original kentucky bluegrass classification system and also provided justification for a revision/update of the classification system. Traditional classification types that were supported by the current SSR analysis include BVMG, Compact, Compact-America, Julia, Mid-Atlantic, Midnight, and Shamrock types. Newly proposed classification types included Cynthia, Jefferson/Washington, Limousine, P-105, Sydsport, and three Eurasian types. The majority of cultivars, experimental selections, and collections were uniquely identified with the current set of SSR markers. Genetic relationships of individuals as assessed by SSR markers closely matched known pedigrees. The current set of SSR markers can be used to rapidly genotype and assign new cultivars/accessions to kentucky bluegrass classification types and assess genetic relatedness among individuals and should be considered for use in a kentucky bluegrass plant variety protection program.

Characterization of soybean (Glycine max) varieties as per DUS guidelines

For the establishment of distinctiveness among Indian soybean [Glycine max (L.) Merrill] varieties, 20 characters were used and presented in a simple tabular form. The varieties were characterized for 20 characters, viz. flower colour, hypocotyl anthocyanin pigmentation, seed colour, absence or presence of pod pubescence, pod pubescence colour, plant growth type, pod colour, days to maturity, seed cotyledon colour, days to 50% flowering, seed size, seed shape, leaf colour, plant height (cm), seed hilum colour, seed lusture, plant growth habit, pod shattering, leaf shape and peroxidase activity. Of the 92 soybean varieties studied, 42 varieties were found to be distinctive on the basis of eleven essential characters. Remaining 50 varieties can be classified into 19 groups. However, 13 of these groups were distinct from each other on the basis of other remaining nine characters. But one group (4 varieties, viz. MAUS 1, PK 308, PUSA 20, and PUSA 37) belonging white flowered and five groups (10 varieties, viz. RKS 18 and RAUS 5, MAUS 47 and Monetta, ADT 1 and Co 1, MACS 57 and Pusa 16, Gujarat Soybean 1 and Punjab1) belonging purple flowered could not be differentiated being similar traits and therefore it is suggested to use of other biochemical markers/ DNA finger printing. This study will be useful for breeders/ researchers/ farmers to identify soybean varieties and to seek protection under Protection of Plant Varieties and Farmers Rights Act.

Survival analysis of cereal crop variety innovations in the UK

This paper explores the changing survival patterns of cereal crop variety innovations in the UK since the introduction of plant breeders’ rights in the mid-1960s. Using non-parametric, semi-parametric and parametric approaches, we examine the determinants of the survival of wheat variety innovations, focusing on the impacts of changes to Plant Variety Protection (PVP) regime over the last four decades. We find that the period since the introduction of the PVP regime has been characterised by the accelerated development of new varieties and increased private sector participation in the breeding of cereal crop varieties. However, the increased flow of varieties has been accompanied by a sharp decline in the longevity of innovations. These trends may have contributed to a reduction in the returns appropriated by plant breeders from protected variety innovations and may explain the decline of conventional plant breeding in the UK. It may also explain the persistent demand from the seed industry for stronger protection. The strengthening of the PVP regime in conformity with the UPOV Convention of 1991, the introduction of EU-wide protection through the Community Plant Variety Office and the introduction of royalties on farm-saved seed have had a positive effect on the longevity of protected variety innovations, but have not been adequate to offset the long term decline in survival durations.

Interface between IPR and Human Rights: A Study with Reference to International Law

This research work aims to establish a link between IPR and human rights in the national and international perspectives. Furthermore, lack of implementation of legislations at the national level is one of the greatest setbacks in the history of human rights protection. Basically, the value of human rights is largely tested by it’s implementation. The earlier form of Industrial property underwent transformation after the Paris Convention to be nomenclature as Intellectual property. IPRs, such as patents, plant variety protection, copyrights, and trademarks, are exclusive monopoly rights over a creation that the society provides to the inventor for a period of time. While such monopoly protection obviously restricts the dissemination of knowledge, it is supposed to be counterbalanced by the incentive that it provides to innovate. Intrinsic, natural, interrelated, indivisible, inalienable, basic, instrumental and inherent rights are ought to be protected if required, for maintaining peace in the society. Imperialism, colonialism and inequalities among the states were some reasons of concern for the development of human rights.

Genetic composition of contemporary proprietary U.S. lettuce (Lactuca sativa L.) cultivars

Pedigree history of 146 lettuce (Lactuca sativa L.) cultivars registered in the U.S. by Plant Variety Protection and/or utility patent of the era from 2000 through 2010 facilitates determination of coefficient of parentage among these cultivars, identification of ancestral parental lines, and their genetic contribution. Principal ancestors of leaf lettuce developed in this era are the cultivars ‘Malibu’, ‘Waldmann’s Green’, and ‘Salad Bowl’ contributing 6.4, 6.1, and 3.5% of the genes, respectively. The cultivars ‘Parris Island Cos’ and ‘Tall Guzmaine’ are major ancestors of romaine lettuce, contributing 25.9 and 23.4% of the genes, respectively. Three crisphead lettuce ancestors identified are the cultivars ‘Vanguard’, ‘Salinas’, and ‘Calmar’, the former two descend from interspecific crosses of L. sativa with Lactuca virosa L. and Lactuca serriola L. Among these three, ‘Vanguard’ is the major ancestor contributing 23.8% of the genes to crisphead lettuce. The crisphead cultivar ‘Salinas’ was frequently crossed with romaine lettuce types and the romaine parental cultivar ‘Parris Island Cos’ was crossed with leaf types contributing to romaine and leaf lettuce genetic diversity, respectively. Genetic similarity was less within leaf cultivars (coefficient of parentage = 0.02) than found within romaine (0.15) and crisphead (0.13) cultivars registered in the U.S. during this era.

Protection of Traditional Knowledge: International and National Initiatives and Possible Ways Ahead

Traditional Knowledge (TK) is a cumulative body of knowledge which is handed down through generations through cultural transmission. Modern manufacturing industries are now commercially exploiting TK, without even sharing the benefit accrued from it with the indigenous communities.. This paper shall analyse the need for protection of TK and how commercial exploitation of TK is affecting indigenous communities and aims to find out why current IP systems cannot be invoked for the prevention of indigenous knowledge, the measures taken in the international scenario for protection of traditional knowledge like Convention on Biological Diversity, Provisions of TRIPS agreement; UN Declaration on Rights of indigenous persons also finds their place in this literature. Besides this paper will analyse how Biodiversity Act, protection of plant varieties and farmers right act, 2001 and patent amendment Act 2005 will help in protection of rights of indigenous communities. Another focus point of this paper is regarding the future of TK protection. In this area author attempt to look into the proposals laid by developing countries and various Jurists like concept of defensive publication with special reference to Traditional Knowledge Digital Library (TKDL), Disclosure of Origin, Benefit sharing with indigenous communities for use of TK, etc. The author shall try to make a conclusion to the paper by emphasizing on the need for development of a system which provides for industrial development without compromising with the rights of indigenous communities.

MICROSATELLITE MARKERS IN COMPARISON WITH MORPHOLOGICAL CHARACTERS FOR PROTECTION OF PLANT CULTIVARS IN CARNATION

ISHS XXVIII International Horticultural Congress on Science and Horticulture for People (IHC2010): International Symposium on Genomics and Genetic Transformation of Horticultural Crops MICROSATELLITE MARKERS IN COMPARISON WITH MORPHOLOGICAL CHARACTERS FOR PROTECTION OF PLANT CULTIVARS IN CARNATION

Scope of Protection Provided in the Law of Ukraine on the Protection of Plant Variety Rights: Prospects for Comparative Analyzes

Scope of protection of plant variety rights granted to variety owner as provided for by Ukrainian legislation is established. Thus, basis is created to enable comparative analyzes of the national system of plant variety protection with analogous sys-terns existing in other countries, in particular, the protection available with utility patent.

Experience of variety examination carrying out in Federal Republic of Germany

In the article was analyzed the system of organization variety examination in one of the most economic development state-member of Union for plant varieties of Plants - Federal Republic of Germany. The structure of administrative authority of plant variety protection - Bundessortenamt and variety testing station enlightened, suggested specific economic indices that could be an example for formation and development national breeding and seed production.

Genotypic and phenotypic characterization of isogenic doubled haploid exotic introgression lines in maize

We characterized the genotypic and phenotypic variation in cell wall digestibility (CWD) and other agronomic traits of 50 backcross 1 generation doubled haploid (BC1DH) lines developed from the Germplasm Enhancement of Maize project. These lines were generated by introgressing 31 exotic unadapted maize races into PHZ51 and PHB47, temperate inbred lines with expired Plant Variety Protection. The 50 BC1DH lines and five check lines were genotyped with 199 single nucleotide polymorphism markers distributed across the genome. We identified, on average, 11.8% of markers with exotic donor parent alleles. This likely underestimates the proportion of donor introgressions, since we cannot discriminate monomorphic alleles from donor and recurrent parents. The potential roles of natural selection and the doubled haploid process in favouring selection of the recurrent genome are discussed. Although the proportion of donor parent genome was underestimated, donor fragments evaluated across the 50 BC1DH lines covered 92.9% of the recurrent parent genome. The evaluation of BC1DH lines for CWD revealed promising lines with CWD not differing significantly (α = 0.05) from forage quality lines used as checks. The introgression of exotic genome segments, however, was generally associated with higher ears, lodging, and late flowering. Even with limited power, our association analysis revealed quantitative trait polymorphisms associated with CWD, flowering date, and lodging.

A Solution of auditing system for PVP

Great progress has been achieved in the field of protection of new varieties of plants since Ministry of Agriculture established the PVP (Plant Variety Protection) system in 1999, which could be witnessed by the annually increased application for PVP. However, how to raise the efficiency of PVP examination to meet the growing demand of application has become a burning problem. In this paper, we analyzed the current situation and existing problems of PVP information processing in China. Based on IT and internet technology, we proposed a platform of PVP Information System, introduced the overall framework of PVP Information System and corresponding constituent modules, gave an account of the key techniques of security management and data integration in constructing this system. While affirming the significance of the PVP Information System in speeding up the PVP examination, strengthening the protection of agricultural intellectual property, and better serving the technology innovation, the existing problems were also pointed out for the safe and effective operation.

Considerations on Plant Variety Protection System under New International Situations concerning Plant Genetic Resources

Considerations on Plant Variety Protection System under New International Situations concerning Plant Genetic Resources

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.

Keragaman Genetik 50 Aksesi Plasma Nutfah Kedelai Berdasarkan Sepuluh Penanda Mikrosatelit

<p>Genetic Diversity of 50 Soybean Accessions Based on Ten<br />Microsatellite Markers. Chaerani, Nurul Hidayatun, and<br />Dwinita W. Utami. Soybean accessions in germplasm<br />collection have increased in number as a result of<br />exploration, introduction as well as development or release<br />of new commercial varieties. This complicates accurate and<br />reliable evaluation of an accession for purposes of utilization<br />in breeding program and discrimination of a new<br />commercial variety for purposes of plant variety protection.<br />The aims of this study were to identify the genetic diversity<br />of soybean germplasm to complement the existing<br />phenotypic database as the basis for efficient management<br />and accurate discrimination of commercial varieties, and to<br />identify potential parents for hybridizations. Fifty soybean<br />accessions consisting of 12 released varieties, 32 local<br />varieties, and 6 introductions were analyzed using<br />microsatellite DNA markers based on semi-automatic sizing<br />system. A total of 86 alleles were detected with the number<br />of alleles per locus ranged from 4 to 16. Rare alleles were<br />detected at a rate of 53% which was shown by 68% of the<br />genotypes. Informativeness of the microsatellite markers as<br />measured by the average gene diversity (D) or<br />polymorphism information content (PIC) was 0.60 and 0.58,<br />respectively. A heterozygosity level of 0.09 as detected by<br />seven loci was observed among 64% of the genotypes. The<br />average genetic distance among the genotypes was 0.56,<br />which indicated the relatively low polymorphism among the<br />analyzed soybean germplasm. Four microsatellites that<br />showed a high D or PIC value (over 0.75) were able to<br />discriminate between accession reliably. Each soybean<br />accession had different DNA microsatellite fingerprint which<br />can be used for accurate discrimination to complement the<br />previous conventional characterizations. UPGMA clustering<br />separated the 50 accessions into 10 major clusters, which<br />showed no clear pattern of clustering according to varietal<br />group or geographical origin. Genetic similarity data<br />identified five clusters and 15 genotypes with highest intercluster<br />or inter-genotype genetic distances which are<br />potential candidates to be exploited as parents in<br />hybridizations for development of new commercial varieties.</p>

The Trade Related Intellectual Property Rights (TRIPs) Agreement and Agriculture in South Asia

One of the main objectives of the World Trade Organization (WTO) is to facilitate world’s trade and production. It enforces legally binding multilateral agreements on trade in goods, services and trade-related aspects of intellectual property rights. The Trade Related Intellectual Property Rights (TRIPs) Agreement was implemented to regulate standards of Intellectual Property (IP) regulations in WTO member countries. Being a member of the WTO and a signatory to the TRIPs Agreement, it was compulsory for Sri Lanka and five other South Asian countries (Bangladesh, Nepal, the Maldives, India and Pakistan) to formulate its IP regulations to comply with the TRIPs Agreement. According to the agreement, by 2006 India, Pakistan and Sri Lanka, and by 2013 Bangladesh and Nepal have to provide legal protection to plant varieties and farmers’ traditional knowledge via patents or by an effective sui generis system or by both. All of the above six countries have during the past 15 years implemented or drafted several acts to comply with the TRIPs Agreement. Sri Lanka has passed the Intellectual Property Rights Act No. 36 of 2003 to comply with the TRIPs Agreement. However, this Act does not provide protection for plant varieties and farmers’ traditional knowledge as it does not allow patenting of plants. Due to several reasons such as lack of demand from civil society, a poor legal system, lack of properly established institutional system, etc,. Sri Lanka was unable to build an effective intellectual property rights regime complying with the agreement, especially for the agricultural sector. Further, due to a delay in establishing rules and regulations to comply with the agreement, the Sri Lankan agricultural sector faces several difficulties in international trade and it has also lost a number of opportunities to use its own plant varieties for the benefit of future generations. The article suggests several techniques and methods that could be followed in implementing intellectual property rights in agriculture in order to promote investments and accelerate trade especially in Sri Lanka. And also it suggests the importance of having a regional centre to manage intellectual property rights effectively among South Asian countries.

Investments aspect of efficiency development the State system on right protection of plant varieties.

In the article is substantiated the necessity for governmental investments on the innovation base and analysed the influence on the State system on right protection of plant varieties activity effectiveness.