scholarly journals The Impact of Plant Variety Protection Regulations on the Governance of Agri-Food Value Chains

2019 ◽  
Vol 8 (3) ◽  
pp. 91 ◽  
Author(s):  
Antonella Di Fonzo ◽  
Vanessa Nardone ◽  
Negin Fathinejad ◽  
Carlo Russo
Keyword(s):  
Bargaining Power ◽  
Value Chains ◽  
Small Scale ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Long Run ◽  
New Varieties ◽  
Variety Protection ◽  
The Impact ◽  
Food Value

More than 25 years after the 1991 reform of the Union for the Protection of New Plant Varieties (UPOV) treaty, the regulation of Plant Variety Protection (PVP) is still controversial. While the incentives to private innovations are unquestionable, concerns have been raised about farmers’ access to resources, the weakening of their bargaining power, their entrepreneurial freedom, and ultimately their welfare. Our paper investigates the effect of PVP regulation on the governance of agri-food value chains (AFVC) with a small-scale survey of kiwi producers in Italy. We found that AFVC trading-protected (club) plant varieties are more likely to exhibit captive governance forms than those trading the free varieties. Nevertheless, the producers of club kiwis achieve higher returns from their investments and bear less risk than others. Because of the high demand for the club fruits, the breeders must give farmers highly profitable contract terms in order to elicit the production and to promote the adoption of the new cultivar. As a consequence, farmers are capturing a share of the value of innovation, even if the breeders have a strong protection. The long-run sustainability of this win-win agreement between breeders and farmers might be jeopardized should the demand for the new varieties fall.

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.

What is the impact of India's plant variety protection act? An analytical examination based on registrations under this act.

2020 ◽  
Author(s):  
Suvita Rani ◽  
Shubham Singh ◽  
Sujit Bhattacharya
Keyword(s):  
Incentive Mechanism ◽  
Primary Objective ◽  
Registration System ◽  
Indian Economy ◽  
Plant Variety Protection ◽  
Indian Agriculture ◽  
Plant Variety ◽  
Crop Development ◽  
Variety Protection ◽  
The Impact

Abstract Agriculture plays an important role in the Indian Economy with India's population largely dependent on agriculture. Mandated by TRIPS for providing protection for plant varieties, India has constructed a sui generis system for protection of plant variety, 'The Protection of Plant Variety and Farmers Right Act, 2001 (PPV&FR Act)'. This act draws from UPOV 1978 as well as UPOV 1991, and incorporates some unique provisions keeping in view the challenges and constraints of the Indian agriculture ecosystem. As per the PPV&FR act, a registration system has been created for registering plant varieties under various categories. The primary objective of the paper is to examine what has been the impact of the PPV&FR Act. The paper addresses this objective by critically examining the registrations under this act. Does this act provide an incentive mechanism for different stakeholders to register their plant varieties? What does the registration indicate: in terms of types of crops being registered, the trend of registration under different categories, the stakeholder's involvement, and whether it is contributing towards stimulating innovation across the crop development ecosystem. These are some of the issues that the paper examines to assess the impact of India's PPV&FR Act.

scholarly journals Evolution, importance and evaluation of cultivar protection in Brazil: the work of the SNPC

2012 ◽  
Vol 12 (spe) ◽  
pp. 99-110 ◽  
Author(s):  
Fabrício Santana Santos ◽  
Daniela de Moraes Aviani ◽  
José Antônio Fernandes Hidalgo ◽  
Ricardo Zanatta Machado ◽  
Stefânia Palma Araújo
Keyword(s):  
Scientific Community ◽  
Agricultural Sector ◽  
International Affairs ◽  
Plant Variety Protection ◽  
Legal Provisions ◽  
Plant Variety ◽  
New Varieties ◽  
Variety Protection ◽  
Socioeconomic Benefits ◽  
Plant Breeders Rights

Law no. 9.456/97 instituted the Plant Variety Protection Act (Lei de Proteção de Cultivares - LPC) in Brazil, bearing a range of positive aspects for Brazilian agriculture, such as the increase in the number of new varieties in Brazil, both domestic and foreign; incentives for breeding activities in the country; and socioeconomic benefits to the agricultural sector. In 15 years of activity in the sphere of the Ministry of Agriculture, Livestock and Food Supply (Ministério da Agricultura, Pecuária e Abastecimento), the National Plant Variety Protection Service (Serviço Nacional de Proteção de Cultivares - SNPC) has consolidated its activity, not only through its credibility in analysis and granting of plant variety protection (PVP) applications, but also through its proactive stance in technical and legal activities in Brazilian and international affairs, as well as involving the scientific community in a participatory manner in the actions it develops. Nevertheless, in spite of these advances, there is a great deal of discussion regarding the limitations to effective exercise of plant breeders' rights caused by some legal provisions of the LPC that may lack refinement.

scholarly journals PLANT VARIETY PROTECTION LEGISLATION: OVERVIEW OF AN INDIAN AND AFRICAN PERSPECTIVE

2018 ◽  
Vol 2 (1) ◽  
pp. 12-17
Author(s):  
V. Mathur ◽  
P. Musyuni
Keyword(s):  
Member Country ◽  
Economic Implications ◽  
Plant Variety Protection ◽  
Minimum Standards ◽  
Plant Variety ◽  
Effective System ◽  
Protection Legislation ◽  
New Varieties ◽  
African Perspective ◽  
Variety Protection

Plant Variety Protection (PVP) legislation provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders to encourage the development of new varieties of plants. The TRIPS agreement has established the minimum standards for protection and enforcement of plant varieties by the each member country. TRIPS left to each country’s discretion whether to protect new plant varieties by means of patent or by effective sui generis system or by any combination thereof. In India and Africa protection to new plant varieties is provided through PVP Acts. This paper discusses the salient features of the PVP laws of these countries. The PVP law affects the agriculture based economy in countries such as India and Africa in a significant way, thus, economic implications of this law are discussed herein.

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 Agricultural Cooperatives and COVID-19 in Southeast Africa. The Role of Managerial Capital for Rural Resilience

2021 ◽  
Vol 13 (3) ◽  
pp. 1046
Author(s):  
Nicola Francesconi ◽  
Fleur Wouterse ◽  
Dorothy Birungi Namuyiga
Keyword(s):  
Health Impact ◽  
Value Chains ◽  
Agricultural Cooperatives ◽  
African Countries ◽  
Elite Capture ◽  
Innovative Solutions ◽  
Reduced Mobility ◽  
The Impact ◽  
Food Value

While the health impact of COVID-19 in most African countries appears modest, the impact of social distancing measures, closing of markets and reduced mobility is felt across the board. Domestic, labor-intensive and traditional food value chains and the smallholders they serve appear to be particularly affected. During a systemic shock where idiosyncratic risk coping strategies fail, collective or organizational resilience becomes of the essence to protect the livelihoods of smallholders. In this study, we have used pre- and during-shock data on agricultural cooperatives from Southeast Africa to understand how resilient these smallholder-owned organizations are. We find that many organizations could not countervail market-disruptions and fell into a state of dormancy during the pandemic. One reason for this is that collective decision-making was heavily affected by the banning of gatherings. Only a few organizations devised innovative solutions to maintain the market linkages of rural smallholders. The lack of resilience demonstrated by most cooperatives appears to be associated with organizational immaturity, large membership size, elite capture and limited business-orientation, which underscore a general lack of managerial capital.

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