Plant variety (law)

Trend in plant variety applications worldwide 2008-2022

Plant variety (law) refers to the legal intellectual property rights given to the breeder of a new variety of plant. This form of protection is intended to encourage the development of new varieties of plants for the benefit of society. Under various jurisdictions, these rights are recognized and protected through specific legal mechanisms such as Plant Breeders' Rights (PBR), patents, or plant variety protection certificates.

Overview

The concept of plant variety protection (PVP) emerged in the 20th century as a response to the increasing recognition of the efforts and investments made by plant breeders in developing new, improved plant varieties. These varieties can offer numerous advantages, including increased yield, resistance to diseases and pests, and better adaptability to different climates and soils. The protection of plant varieties is governed by international treaties such as the International Convention for the Protection of New Varieties of Plants (UPOV Convention), which provides a harmonized system of protection. As of the latest updates, the UPOV Convention has been revised several times to meet the evolving needs of plant breeding and agricultural development.

Legal Framework

The legal framework for the protection of plant varieties varies from country to country but generally includes the following key elements:

Plant Breeders' Rights (PBR)

PBR are rights granted to the breeder of a new plant variety that meet certain criteria of novelty, distinctiveness, uniformity, and stability. These rights allow the breeder to exclude others from exploiting the protected variety without authorization. PBR are typically granted by national plant variety offices and last for a limited period, usually 20 to 25 years from the date of granting.

Patents

In some jurisdictions, plant varieties can also be protected under patent law. This form of protection is generally stronger than PBR, as it may cover not only the plant variety itself but also its use, the method of creating the variety, and any genetic engineering involved in its development.

Certificates of Plant Variety Protection

Certificates of Plant Variety Protection are another form of legal recognition, similar to PBR, but the specific terms and conditions can vary by country. These certificates also provide the breeder with exclusive rights to the variety under certain conditions.

Criteria for Protection

To qualify for protection, a plant variety must generally meet the following criteria:

• Novelty: The variety must be new, meaning it has not been commercially exploited or made publicly available before the application for protection.
• Distinctiveness: The variety must be clearly distinguishable from any other known variety.
• Uniformity: The variety must be sufficiently uniform in its relevant characteristics.
• Stability: The variety must remain consistent over successive generations.

Challenges and Controversies

The protection of plant varieties raises several challenges and controversies. One major issue is the balance between the rights of breeders and the rights of farmers, especially in developing countries where farming practices include saving and exchanging seeds. There is also debate over the impact of plant variety protection on biodiversity and the availability of genetic resources for future breeding.

Conclusion

Plant variety protection is a critical aspect of modern agriculture, providing incentives for the development of new and improved plant varieties. However, it requires careful balancing of various interests, including those of breeders, farmers, and the public, to ensure that it contributes positively to agricultural development and food security.