Category: 1#Intellectual Property

Does regulatory status affect the patentability of plant breeding innovation?

No. The regulatory status for plant breeding innovations, and the resulting products and their patentability are unrelated and governed by separate legislations. These two distinct legal frameworks have different objectives. The objective of any safety assessment regulatory framework is to protect human and animal health and the environment, whereas the patent system is designed to …

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How will patents on plant products made with gene editing methods affect farmers’ ability to save seed?

Whether farmers will be allowed to save seeds of a variety which may be covered by a patent, regardless of whether gene editing was used, will depend entirely on the national legal framework. In some countries where the biological material may be protected by patents, farmers can save seed with or without an obligation to pay …

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How can patents on plant products made with gene editing affect plant breeding?

ISF and its members are committed to creating an environment that fosters innovation and supports the development of tools, such as the International Licensing Platform for vegetables, which serve this purpose. The emergence of plant breeding innovation will not change that. Depending on national patent laws, characteristics resulting from gene editing may or may not …

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How do patents and other intellectual property rights help foster and protect innovation in the seed industry?

Worldwide, many of the patent holders are universities and research institutes. The patent landscape for gene editing is dynamic and rapidly-evolving in key countries and globally. Since the early days of CRISPR, the number of patents has increased.  These patents do not only originate from the United States and Europe, but also from Asia, particularly …

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What is “Benefit Sharing”?

The concept of equitable sharing of the benefits arising from the use of genetic resources has gained official recognition with the adoption of the Convention on Biological Diversity. It has several components depending on the type of genetic resources. The main components are: exchange of information, transfer of technology and capacity building (non-monetary benefits) sharing …

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What is “In the Form Received”?

Article 12.3.d of the recently adopted international treaty on Plant Genetic Resources for Food and Agriculture states that ëRecipients [of PGRFA accessed from the Multilateral System] shall not claim any intellectual property or other rights that limit the facilitated access to the PGRFA, or their genetic parts or components, in the form received from the …

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What is the Purpose of “Variety Registers/Catalogues”?

When a variety has fulfilled the criteria for Plant Breeder’s Rights (novelty, distinctness, sufficient homogeneity, stability), it is listed in a national register or catalogue. Such registers/catalogues have no purpose other than to make publicly known that the variety is protected. They exist in every country that has a plant variety protection scheme in place. …

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Are “Farmers’ Rights” and “Plant Breeder’s Rights” Compatible?

In ISF’s view Farmer’s Rights as defined by the International Treaty for PGRFA (see Farmer’s Rights) and Plant Breederís Rights as defined by UPOV (see Plant Breeder’s Rights) are compatible in the following cases: Crop production Farmers choose varieties, landraces or improved, best suited to their conditions and retain their right to choose varieties and …

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