Plant breeders' rights

Intellectual property Noun project

Plant Breeders' Rights (PBR), also known as Plant Variety Protection (PVP), is a form of intellectual property right granted to the breeder of a new variety of plant. This right gives the breeder exclusive control over the plant material, including seeds, cuttings, divisions, and tissue culture, for a number of years. The main objective of plant breeders' rights is to encourage the development of new varieties of plants for the benefit of society.

Overview

Plant breeders' rights are based on the International Convention for the Protection of New Varieties of Plants (UPOV Convention), which was first adopted in Paris in 1961 and has been revised several times since. The UPOV Convention provides a harmonized system of plant variety protection, with standards and regulations that member countries agree to implement. As of the latest update, over 75 countries are members of UPOV.

To qualify for protection under the UPOV Convention, a plant variety must be new, distinct, uniform, and stable. "New" means that the variety has not been commercially exploited or sold with the consent of the breeder before the application for protection. "Distinct" means that the variety is clearly distinguishable from any other known variety. "Uniform" indicates that the plants of the variety are sufficiently uniform in their relevant characteristics. "Stable" means that the variety remains true to its description over successive generations.

Rights Granted

The holder of plant breeders' rights has exclusive rights to produce, reproduce, sell, export, and import the protected variety. However, these rights are subject to exceptions. For example, the breeder's exemption allows breeders to use protected varieties as a basis for creating new varieties without infringing on the rights of the original breeder. Additionally, the farmer's privilege allows farmers to save and replant seeds from their harvests, although the extent of this privilege varies by country.

Application and Duration

The process of obtaining plant breeders' rights involves submitting an application to the relevant national or regional authority, along with a detailed description of the variety and evidence that it meets the criteria for protection. The duration of protection varies by type of plant and jurisdiction but typically lasts for 20 years from the date of grant for most crops and 25 years for trees and vines.

Criticism and Controversy

Plant breeders' rights have been subject to criticism and controversy. Critics argue that these rights can restrict access to genetic resources, limit biodiversity, and adversely affect small farmers who cannot afford to buy new seeds every season. There is also concern that the concentration of plant breeding activities in the hands of a few large companies could lead to a reduction in the variety of plants available.

Conclusion

Plant breeders' rights play a significant role in the agricultural and horticultural industries by encouraging the development of new plant varieties. While they offer important incentives for breeders, it is essential to balance these rights with the needs of farmers and the public to ensure access to genetic resources and maintain biodiversity.