Plant Variety Protection Research Articles

(258) GreenPack-DG, a Pinkeye-type Southernpea with an Enhanced Persistent Green Seed Phenotype

The USDA–ARS has released a new pinkeye-type southernpea cultivar named GreenPack-DG. GreenPack-DG is the first pinkeye-type southernpea to be released that has a persistent green seed phenotype conditioned by both the green cotyledon gene (gc) and the green testa (gt) gene. The new cultivar was developed from a cross between Charleston Greenpack (green cotyledon phenotype) and the breeding line USVL 97-296 (green testa phenotype). Except for longer pods, GreenPack-DG is similar in appearance and maturity to Charleston Greenpack. Dry GreenPack-DG seeds have a richer and more-uniform green seed color than dry seeds of Charleston Greenpack. GreenPack-DG seeds are much less susceptible to color loss due to blanching when harvest is delayed than are seeds of green-cotyledon cultivars such as Charleston Greenpack. Color loss is a critical problem in production systems where preharvest desiccants are used to facilitate mechanical harvesting operations. The 7-day delay between application of the desiccant and initiation of harvesting operations can result in serious color degradation. Results of 3 years of replicated field tests at Charleston, S.C., indicate that GreenPack-DG yields are comparable to Charleston Greenpack yields. The new cultivar has excellent field resistance to blackeye cowpea mosaic virus and does not produce hard seeds. GreenPack-DG is recommended for trial by the frozen food industry as a replacement for Charleston Greenpack. Protection for GreenPack-DG is being sought under the Plant Variety Protection Act.

(259) TigerPaw-NR, a Root-knot Nematode Resistant, Habanero-type Pepper

The USDA–ARS has released a new Habanero-type pepper cultivar named TigerPaw-NR. The new cultivar is the product of a conventional recurrent backcross breeding procedure to transfer a dominant root-knot nematode resistance gene from the Scotch Bonnet accession PA-426 into the Habanero-type accession PA-350. TigerPaw-NR was derived from a single F3BC4 plant grown in 2002. TigerPaw-NR is homozygous for a dominant gene conditioning a high level of resistance to the southern root-knot nematode, the peanut root-knot nematode, and the tropical root-knot nematode. TigerPaw-NR has a compact plant habit and produces attractive lantern-shaped, orange-colored fruit. The results of three replicated field studies conducted at Charleston, S.C., indicate that the fruit and yield characteristics of TigerPaw-NR are comparable to those of currently available Habanero-type cultivars. A typical fruit weighs 7.8 g, is 2.7 cm wide × 4.4 cm long, and is extremely pungent (348,634 Scoville heat units). Root-knot nematodes are major pests of peppers in the United States, and all Habanero-type cultivars currently available to commercial growers and home gardeners are susceptible. The root-knot nematode resistant TigerPaw-NR is recommended for use by both commercial growers and home gardeners. Protection for TigerPaw-NR is being sought under the Plant Variety Protection Act.

The State Service on Right Protection for Plant Varieties activity at the present stage of development

The cost-effectiveness of examination institutions activity of the State System on Plant Variety Protection was developed on the macro level. At the present stage there is an urgent necessity to provide with general methods to solve the tasks of the state scientific-technical program of plant variety examination.

WHIPPERSNAPPER, A SNAP-TYPE SOUTHERNPEA FOR HOME AND MARKET GARDENERS AND THE FOOD PROCESSING INDUSTRY

The USDA, Louisiana State University, and Lincoln University have released a new southernpea cultivar named WhipperSnapper. The new cultivar is the product of a plant breeding effort to incorporate genes conditioning superior yield and seed characteristics of Asian vegetable cowpeas into American snap-type southernpeas. The new cultivar was developed for use by home gardeners and market gardeners as a dual-purpose cultivar that can be used to produce both fresh-shell peas and immature, fresh pods or snaps. Typical ready-to-harvest WhipperSnapper snaps are green colored, 6.4 mm in diameter, 7.6 mm in height, and 24 cm long; the pods are slightly curved at the attachment end. Typical mature-green pods suitable for fresh-shell harvest exhibit an attractive yellow color, are 25 cm long, and contain 14 peas. Fresh peas are cream-colored, kidney-shaped, and weigh 24.5 g/100 peas. Dry pods exhibit a light straw color, and the dry peas have a smooth seed coat. The quality of WhipperSnapper seed is excellent. In replicated field trials, WhipperSnapper produced significantly greater yields of both snaps and peas than the snap-type cultivar Bettersnap. WhipperSnapper has potential for use as a mechanically-harvested source of snaps for use by food processors in mixed packs of peas and snaps. Protection for WhipperSnapper is being sought under the Plant Variety Protection Act.

Indigenous knowledge organization: An Indian scenario

The basic component of any country's knowledge system is its Indigenous Knowledge (IK). This paper presents an overview of IK by defining it as a local and tacit knowledge that is unique to a given culture or society and forms the basis for local-level decision; its characteristics and types; its impact on social development with successful IK initiatives in other countries and Indian initiatives with case studies. The paper also discusses sustaining of IK and identifies reasons for current Intellectual Property Systems (IPSs)’ inability to protect IK. It highlights international and Indian initiatives for protection of IK. India made amendments to Indian patent law; enacted Acts related to Convention on Biological Diversity, Indian legislation for the Protection of Plant Varieties and Farmer's Right Act and Geographical Indication of Goods (Registration and Protection) Act. Also, it suggests measures to extend protection by documentation of IK, registration and innovations patent system and development of a sui generis system. Finally, the paper concludes that the emerging challenge to the existing IPSs is to take care of systems that include animate objects such as plants and animals, and informal systems of innovation such as those by grassroots innovators. Hence, there is a need for innovation in the IPSs itself!

Evolution of North American Dent Corn from Public to Proprietary Germplasm

ABSTRACTCurrent corn (Zea mays L.) hybrids are produced using proprietary inbred lines as parents. These proprietary lines are protected by U.S. Patent and/or the U.S. Plant Variety Protection Act (PVPA) and their use is restricted, but as protection expires these lines become available to the entire corn breeding industry. Our objectives were to gain understanding of this protected germplasm by utilizing pedigree information available in the U.S. Patent and PVPA records to enhance the use of this germplasm in new line development as the lines become publicly available. Ownership, derivation, and lineage of corn inbred lines protected by U.S. Patent or PVPA from 1980 to 2004 were surveyed. Thirty‐three companies have protected 908 corn inbred lines and four of these companies: Dekalb Genetics (DK), Holden's Foundation Seeds (LH), Pioneer Hi‐Bred (PH), and Syngenta (SG) originated 685 of them. We identified the most significant lines by their cumulative use as parents in the development of new lines. Much of today's germplasm originates from seven progenitor lines: B73, LH82, LH123, PH207, PH595, PHG39, and Mo17. The germplasm surveyed is grouped by pedigree lineage into Oh43, Lancaster, Oh07‐Midland, Iodent, Stiff Stalk, Commercial hybrid derived, and Argentine Maiz Amargo backgrounds, with new diversity emerging from the two latter groups. Recycling elite inbred lines using two‐parent crosses followed by pedigree breeding was the most prevalent method of new line development.

Obsolescence in Intellectual Property Regimes

In this article, we present a case study about the potential for new technology paradigms to drive intellectual property regimes towards obsolescence. The subject of the study, plant variety protection, is a little-understood intellectual property regime that mixes copyright and patent concepts. Using historical, legal, and technical sources, we analyze how a major conceptual shift in the plant sciences - a shift towards understanding plants as sets of molecular data - threatens to undermine the intellectual framework around which plant variety protection was structured. We analyze past and current attempts to conform plant variety protection to the new technological regime, and explain why those attempts are yielding mixed results. We then propose an alternative design for a plant variety protection regime based on unfair competition principles, and recommend that the unfair competition model be used as a vehicle for debate over the future course of plant variety protection. Our study has implications for other debates about the interaction between intellectual property rules and technological advance, in areas like copyright, patent, and some specific sui generis intellectual property regimes.

Plant variety protection: Which system of protection in the member states of OAPI?

The article describes the progress in providing a system of plant variety protection (PVP) in the states of the African Intellectual Property Organization (OAPI). Following a brief introduction to the missions of OAPI, the challenge of creating a system of PVP suited to the situation in the member states is explored. The solution to this challenge, the introduction of a uniform system in accord with UPOV guidelines, was achieved by the agreement, and ratification in 2002, of Annex X of the Bangui Agreement. The practicalities of setting up testing and examination centers, and the determination of the initial 19 genera and species for protection from the start date in 2006 are described. Finally, the potential societal and economic benefits flowing from this form of PVP are summarized.

La propriété intellectuelle dans les biotechnologies agricoles : quels enjeux pour quelles perspectives ?

Dans le cadre des biotechnologies agricoles, il y a eu une evolution des droits sur la propriete intellectuelle, que ce soit la mise en œuvre des brevets sur le vivant, l’evolution de la legislation sur le Certificat d’Obtention Vegetale de l’Union pour la Protection des Obtentions Vegetales en 1991, ou la mise en œuvre de droits de propriete intellectuelle au niveau mondial sur les varietes vegetales dans le cadre des accords ADPIC (art. 27/3 b.) de l’OMC. Dans ce contexte de droits de propriete intellectuelle evolutifs, les marches des ressources genetiques a usage agricole reposent sur des biens et sur des services lies a la gestion de l’agro-biodiversite. Les marches lies aux ressources genetiques vont dependre de la maniere dont les acteurs accederont conjointement a des technologies ; a du materiel biologique et genetique ; a des informations et a des connaissances tant sur le materiel que sur les technologies ; a des marches agricoles que ce soit a un niveau local, national, regional ou mondial. C’est pourquoi dans cet article nous allons analyser, quel que soit le statut des ressources genetiques, les conditions d’acces aux materiels biologiques, aux innovations et aux marches et leurs consequences sur les activites de recherche et de developpement dans le domaine des biotechnologies agricoles.

Intellectual Property Rights and Plant Varieties Protection in Egypt: The new Sui Generis Regime, Public Interest and the TRIPs Agreement

AbstractIn accordance with Art.27 (3) (b) of the TRIPs Agreement, WTO Members are required to protect new plant varieties either by patents or by an effectiveThis article examines in depth the contents of the

Commodifying Agricultural Biodiversity and Development‐Related Issues

This study addresses the question of whether sui generis plant variety rights legislation has become redundant due to the growing use of patents for the protection of plant‐related inventions. It considers the extent to which the patent system needs to be modified in order to prevent agricultural exemptions, enjoyed by plant breeders and farmers under sui generis plant variety protection (PVP), from being overridden by patent claims that extend to plants and plant varieties. It is suggested that sui generis PVP regimes should respond to broad societal objectives and promote sustainable agriculture. The intellectual property right system should be able to support commercial and research activities compatible with the diversification of crops, the promotion of development and commercialization of under‐utilized crops and species, the development of new markets for local varieties and “diversity‐rich” products. The economic efficiency of the patent system should also be scrutinized with regard to its ability to preserve the fulfilment of these development goals.

Protection of plant-related innovations: Evolution and current discussion

Ethical, political, and technical aspects of the protection of plant-related innovations are currently being much debated. This article reviews the existing laws and treaties providing or affecting protection for such innovations, including the US Plant Patent Act of 1930, the UPOV Convention, TRIPS agreement and the European Regulation on the Protection of Plant Varieties. After looking at some landmark court cases, a number of issues being debated are explored, such as the patenting of gene sequences, broad patent claims in utility patents, the implementation of the concept of essential derivation and dependence, and access to genetic resources and the research exemption. Weaknesses of the present system are also outlined, such as the need for better protection of parental lines of hybrids and for better harmonisation amongst plant protection offices around the world.

Plant variety protection in the European Community

Plant variety protection in the European Community can be obtained by applying for national rights in each country in which it is available (21 out of 25), or by applying for a Community plant variety right to cover all 25 countries in one application. This article describes the key features of the CPVR and the corresponding Office in Angers, France. These are generally in line with the international convention in this field, the UPOV convention. Main areas covered include the structure of the CPVO, the DUS requirement (distinctiveness, uniformity and stability), novelty, variety denomination, compulsory licensing, enforcement, technical examination, and status information. Statistical information on the use of the system is also provided.

(242)`Black Pearl':A New OrnamentalCapsicum

Considerable diversity exists in Capsicum L. germplasm for fruit and leaf shape, size and color, as well as plant habit. This morphological diversity, together with diverse ripe fruit color and varying hues of green to purple and variegated foliar pigmentation, affords myriad opportunities to develop unique cultivars for ornamental applications. The Agricultural Research Service of the United States Department of Agriculture announces the release of a new pepper [Capsicumannuum (L.)] cultivar named `Black Pearl'. `Black Pearl' is intended for ornamental applications and affords growers a new crop to add to their bedding and landscape plant assortment. `Black Pearl' combines black foliage with erect clusters of small round red-pigmented fruit. The vibrant fruit and foliage colors of this new cultivar add interest to the summer and fall garden. Black Pearl' has been trialed extensively for use as a bedding plant where its compact growth habit, black foliage, and brightly colored fruit provide an attractive ornamental display. Limited evaluations suggest that this cultivar is equally well suited for pot culture under high light conditions. `Black Pearl' was designated a 2006 All America Selection award winner after completion of national trials in 2004. `Black Pearl' is a release made available from a cooperative research and development agreement with Pan American Seed Company. Seed of `Black Pearl' is available from Pan American Seed Company, 622 Town Road, West Chicago, IL 60185. Plant Variety Protection for `Black Pearl' is pending.

Mapping and characterization of new EST-derived microsatellites for potato (Solanum tuberosum L.)

Microsatellites, or simple sequence repeats (SSRs) are very useful molecular markers for a number of plant species. They are commonly used in cultivar identification, plant variety protection, as anchor markers in genetic mapping, and in marker-assisted breeding. Early development of SSRs was hampered by the high cost of library screening and clone sequencing. Currently, large public SSR datasets exist for many crop species, but the number of publicly available, mapped SSRs for potato is relatively low (approximately 100). We have utilized a database mining approach to identify SSR-containing sequences in The Institute For Genomic Research Potato Gene Index database (http://www.tigr.org), focusing on sequences with size polymorphisms present in this dataset. Ninety-four primer pairs flanking SSR sequences were synthesized and used to amplify potato DNA. This study rendered 61 useful SSRs that were located in pre-existing genetic maps, fingerprinted in a set of 30 cultivars from South America, North America, and Europe or a combination thereof. The high proportion of success (65%) of expressed sequence tag-derived SSRs obtained in this work validates the use of transcribed sequences as a source of markers. These markers will be useful for genetic mapping, taxonomic studies, marker-assisted selection, and cultivar identification.

Progress of plant variety protection based on the International Convention for the Protection of New Varieties of Plants (UPOV Convention)

In reviewing the progress of plant variety protection based on the UPOV Convention, the author briefly describes the original Convention of 1961 and the revisions in 1972, 1978 and 1991. He goes on to examine the results of the substantial increases in membership and in grants of protection. One such result is greater interaction with conventions and treaties such as TRIPS and the Convention on Biodiversity. Issues described in this context include the conservation of and access to genetic resources (GR), disclosure of origin of GR, prior informed consent for the use of GR, benefit sharing and farmers’ rights.

Plant Variety Protection in Indonesia, Malaysia, the Philippines and Thailand

Plant Variety Protection in Indonesia, Malaysia, the Philippines and Thailand

Establishing and building up of seed industry as the basis for development of the breeding research work with sugar beet in Ukraine

In the article the importance of the creation of the State Service on Right Protection for Plant Varieties as Governmental body of the state management in the sphere of right protection for plant varieties was grounded, as well as strategic tasks and ways for development of this Service. The main principles for the realization of the national policy in the sphere of the right protection for plant varieties according to the international requirements are formed.

The state scientific plant variety examination is the basis of modern plant growing

In the article the importance of the creation of the State Service on Right Protection for Plant Varieties as Governmental body of the state management in the sphere of right protection for plant varieties was grounded, as well as strategic tasks and ways for development of this Service. The main principles for the realization of the national policy in the sphere of the right protection for plant varieties according to the international requirements are formed.

New approaches in the organization of state registration of plant varieties and their rights for fruit, berry, nuciferous crops and vine

Organizing measures in the scope of Ukraine are given, that provide the procedure of the state registration and their rights for fruit, berry, nuciferous species and vine. The expediency of the state registration of fruit and berry crops is grounded as a whole in Ukraine on the basis of the experience of the leading world’s countries. Powers of the State Service on Right Protection for Plant Varieties, Ukrainian Institute of Pant Variety Examination and Applicant were determined in the procedure of the registration of plant varieties and their rights for fruit, berry, nuciferous crops and vine.