Aflatoxin Accumulation in a Maize Diallel Cross Containing Inbred Lines with Expired Plant Variety Protection

In-field infection of maize (Zea mays L.) ears by the fungus Aspergillus flavus Link:Fr causes pre-harvest aflatoxin contamination of maize grain. Germplasm lines with host-plant resistance to aflatoxin accumulation are available to breeders, but these lines often possess undesirable agronomic characteristics. Commercial lines with expired plant variety protection (ex-PVP lines) are a potential source of elite germplasm available to public maize breeders. A diallel cross containing three aflatoxin-accumulation-resistant germplasm lines and seven ex-PVP lines were evaluated in replicated trials for aflatoxin contamination after artificial inoculation and for yield. The resistant germplasm lines Mp313E, Mp715, and Mp717 were the only lines with significant general combining ability (GCA) for reduced aflatoxin accumulation. Of the ex-PVP lines evaluated, the Stiff-Stalk line F118 was the most promising line to use in breeding crosses. Based on its GCA, it was the only ex-PVP line that did not significantly increase aflatoxin and the only ex-PVP line that significantly increased yield. Second-cycle breeding lines derived from crosses between F118 and the resistant donor lines will be valuable if they combine the donor lines’ disease resistance with F118’s earlier maturity while introgressing the disease resistance into a genetic background that aligns with the industry’s well-defined heterotic groups.

Essentially derived varieties in the era of new breeding techniques

The current study sets out to analyse the concept of "essentially derived variety" (EDV) envisaged by the plant variety protection regime when new breeding techniques (NBTs) are employed in the development of new plant varieties. The use of NBTs to develop new plant varieties has grown rapidly over the last years because of their ease of use and their high efficiency. NBT varieties are mono-parental and retain most of the genome of the initial variety, thus most of its essential characteristics. The problem arises when the initial variety used as the source of genetic variation is a variety protected by a plant variety right. In this case, the question is whether the EDV concept should apply to the second variety obtained by NBTs and what can break the EDV chain. It must be noted that the EDV concept has revolutionised the plant variety protection system since it introduced the principle of "limited dependence" as an exception to the general independence principle governing this system. Therefore, as it is an exception, it should be interpreted rigorously.

Genotyping Analysis by RAD-Seq Reads Is Useful to Assess the Genetic Identity and Relationships of Breeding Lines in Lavender Species Aimed at Managing Plant Variety Protection

Lavender species are widely distributed in their wild forms around the Mediterranean Basin and they are also cultivated worldwide as improved and registered clonal varieties. The economic interest of the species belonging to the Lavandula genus is determined by their use as ornamental plants and important source of essential oils that are destinated to the production of cosmetics, pharmaceuticals and foodstuffs. Because of the increasing number of cases of illegal commercialization of selected varieties, the protection of plant breeders’ rights has become of main relevance for the recognition of breeding companies’ royalties. With this aim, genomic tools based on molecular markers have been demonstrated to be very reliable and transferable among laboratories, and also much more informative than morphological descriptors. With the rising of the next-generation sequencing (NGS) technologies, several genotyping-by-sequencing approaches are now available. This study deals with a deep characterization of 15 varietal clones, belonging to two distinct Lavandula species, by means of restriction-site associated DNA sequencing (RAD-Seq). We demonstrated that this technology screens single nucleotide variants that enable to assess the genetic identity of individual accessions, to reconstruct genetic relationships among related breeding lines, to group them into genetically distinguishable main subclusters, and to assign their molecular lineages to distinct ancestors. Moreover, a number of polymorphic sites were identified within genes putatively involved in biosynthetic pathways related to both tissue pigmentation and terpene production, useful for breeding and/or protecting newly registered varieties. Overall, the results highlighted the presence of pure ancestries and interspecific hybrids for the analyzed Lavandula species, and demonstrated that RAD-Seq analysis is very informative and highly reliable for characterizing Lavandula clones and managing plant variety protection.

Plant Variety Protection: Current Practices and Insights

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.

Law-Driven Innovation in Cereal Varieties: The Role of Plant Variety Protection and Seed Marketing Legislation in the European Union

The aim of this paper is to investigate the role of EU legislation in shaping innovation in cereal varieties. The research focuses on two fields of law and their relationship, i.e., intellectual property and agricultural law. More specifically, the normative legal investigation concerns the role played by Community plant variety protection and the EU legislation on the marketing of seed and plant propagating material in shaping innovation and stimulating plant breeding of new cereal varieties. The focus is on cereal varieties because innovation in this field has a great socio-economic impact, as well as strategic scientific and environmental implications. Breeding new cereal varieties is essential for the competitiveness of the seed and agricultural sector of the EU, and it can contribute to food security and the achievement of sustainable development goals. The study finds that it is necessary to simplify the existing legal framework by coordinating intellectual property and agricultural law, providing for legislative review and better coherence in order to effectively shape innovation and meet the changing demands of society and the sustainability challenges.

European Union Plant Variety Protection

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.