A strong intellectual property protection system fosters innovation because it rewards risk-taking and investment with a limited period of exclusive use, after which the product is in the public domain. Plant breeding innovation plays a key role in driving long-term agricultural productivity, rural development, and environmental sustainability by encouraging the creation of new solutions. The […]
Worldwide, many of the patent holders on latest plant breeding methods (such as CRISPR technologies) 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 use, the number of patents describing these tools has increased. These patents originate
Who owns the patents on tools for plant breeding innovation? Read More »
Depending on national patent laws, the techniques and/or the characteristics resulting from gene editing may or may not be eligible for patents. Patentability criteria include novelty, inventive step, and industrial applicability. All patent rights are time limited and are published, they have geographical limitations and, while some countries do not permit breeding with plants containing
How can patents on plants made with gene editing affect plant breeding? Read More »
Intellectual property protection rights are equally applicable to varieties developed using conventional methods or plant breeding innovation like gene editing. Therefore, the ability for farmers to save seeds of a variety, will depend on the variety’s IP protection status and the national legal framework.
The foundation of variety identification for plant variety protection is based on phenotypical characteristics and therefore genetic sequence information or molecular markers may not automatically be available or used in variety protection. Additionally, the genetic information when used in supporting plant variety protection is not necessarily associated with specific sequence change that may or may
No. The regulatory status for plants resulting from the latest breeding methods is not linked to the question if they can be protected by intellectual property rights such as patents. These are unrelated questions and governed by different legal frameworks each having different objectives. For example, if a gene-edited product is excluded from national GMO/biotechnology
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
What is “Benefit Sharing”? Read More »
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
What is “In the Form Received”? Read More »
A Material Transfer Agreement (MTA) is a contractual agreement signed between the supplier and the recipient of a resource and sets out the rights and obligations of both parties. As any contract, it is binding on the parties and in the case of a dispute subject to contract laws. An MTA for plant genetic resources
What is a “Material Transfer Agreement (MTA)”? Read More »
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.
What is the Purpose of “Variety Registers/Catalogues”? Read More »
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