scholarly journals Plant Patents-A Boon to Horticulture and the American Public

1993 ◽  
Vol 3 (3) ◽  
pp. 280-283
Author(s):  
R. J. Hutton
Keyword(s):  
Patent Litigation ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Ornamental Horticulture ◽  
Variety Protection ◽  
Plant Patents ◽  
New Cultivars

The Plant Patent Act of 1930 was a tremendous step forward in the development of new cultivars for ornamental horticulture and for the benefit of the American public. The `Peace' rose, PP 591, was the single breakthrough that had maximum impact. Prom the Plant Patent Act, other forms of breeders' rights were spawned worldwide, including our own Plant Variety Protection Act (PVPA). Proof of the success has been the increasing use and acceptance of plant patents and the lack of challenges to the act and plant patent litigation.

scholarly journals INTELLECTUAL PROPERTY RIGHTS UPDATE: PLANT VARIETY PROTECTION ACT AMENDMENTS

HortScience ◽  
1995 ◽  
Vol 30 (2) ◽  
pp. 186d-186
Author(s):  
Janice M. Strachan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
First Generation ◽  
The United States ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection ◽  
Plant Patents

The Plant Variety Protection (PVP) Act provides intellectual property rights to new varieties of seed-reproduced plants. Eligible varieties must demonstrate that they are uniform, stable, and distinct from all other varieties. In 1991 the International Union for the Protection of New Varieties of Plants (UPOV) adopted a new Convention. As a member of UPOV, the United States needed to amend the PVP Act to conform to the 1991 UPOV Convention. Amendments to the PVP Act were signed by President Clinton on 6 Oct. 1994, and will become effective on 4 Apr. 1995. Among other changes, these amendments will provide protection to tuber-propagated varieties and first-generation hybrids. An overview of the amendments and a comparison of rights granted under PVP and plant patents will be presented.

scholarly journals Plant Variety Protection: Current Practices and Insights

Genes ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 1127
Author(s):  
Ju-Kyung Yu ◽  
Yong-Suk Chung
Keyword(s):  
Molecular Markers ◽  
Intellectual Property ◽  
Stability Testing ◽  
International Union ◽  
Plant Variety Protection ◽  
Common System ◽  
Continuous Innovation ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection

Breeders persistently supply farmers with the best varieties in order to exceed consumer demand through plant-breeding processes that are resource-intensive. In order to motivate continuous innovation in variety development, a system needs to provide incentives for plant breeders to develop superior varieties, for example, exclusive ownership to produce and market those varieties. The most common system is the acquisition of intellectual property protection through plant variety protection, also known as the breeder’s right. Most countries have adopted the system established by the International Union for the Protection of New Varieties of Plants (UPOV). To be granted plant variety protection, the variety should prove to be unique by meeting three requirements: distinctness, uniformity, and stability. This review summarizes (1) the plant variety protection via UPOV convention, (2) technical methods for distinctness, uniformity, and stability testing via phenotype, molecular markers, and sequencing as well as their challenges and potentiality, and (3) additional discussions in essentially derived variety, value for cultivation and use testing, and open source seed initiative.

European Union Plant Variety Protection

2021 ◽  
Author(s):  
Gert Würtenberger ◽  
Martin Ekvad ◽  
Paul van der Kooij ◽  
Bart Kiewiet
Keyword(s):  
European Union ◽  
Case Law ◽  
Patent Infringement ◽  
Practical Relevance ◽  
Member States ◽  
Plant Variety Protection ◽  
Eu Member States ◽  
Plant Variety ◽  
Variety Protection ◽  
The Eu

This book explains how the Community plant variety rights system works and provides guidance regarding the field of law relating to the Basic Regulation and other implementing regulations. It gives an idea of how the grant system works, the advantages of Community plant variety rights, and the aspects to be considered in exploiting and defending. It also explains the mechanisms in the Basic Regulation on how infringements of Community plant variety rights should be dealt with, including certain enforcement systems of the EU Member States. This book analyses major aspects that are considered of practical relevance in infringement proceedings under the applicable national law. It elaborates how the case law is limited in comparison with patent infringement proceedings throughout the EU Member States.

Plant variety protection in developing countries. A report from the field

Food Policy ◽  
2007 ◽  
Vol 32 (3) ◽  
pp. 354-371 ◽  
Author(s):  
Robert Tripp ◽  
Niels Louwaars ◽  
Derek Eaton
Keyword(s):  
Developing Countries ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Variety Protection
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