Plant Breeder's Rights - Analysis of Variety Protection

This report provides an overview of Plant Breeder's Rights (PBR), a crucial aspect of protecting new plant varieties. It explains the basics of PBR, its importance in the context of intellectual property, and its role in the agricultural sector. The report highlights how PBR functions to protect new plant varieties and its interaction with other forms of intellectual property, such as patents and trademarks, and how they are used in combination. It also mentions the legal framework surrounding PBR, including the role of international agreements like UPOV (International Union for the Protection of New Varieties of Plants). The report emphasizes the importance of PBR in fostering innovation and protecting the investments of plant breeders. Finally, it includes a discussion on the legal and regulatory aspects of PBR, including the requirements for obtaining and maintaining PBR, as well as the enforcement of PBR rights. The report concludes with a discussion on the future of PBR and its role in addressing the challenges of global food security and sustainable agriculture. The report also references relevant research papers to support the analysis.

PLANT BREEDER’S
RIGHTSAn exclusive commercial rights
for a registered variety of plant.
PBR basics
- PBR rights
are used for
protecting the
new varieties
of plants
which are
uniform,
stable and
distinct.
PBR in details
- PBR legislation covers the
essentially derived farm and
varieties saved seeds. One
of the advisory committee
advices on any of the
technical issues and could
sometimes grant PBR
extensions as well.
PBR used with
the other IP
rights
- Several
combinations of
IP rights could
be used for
adding value to
a single variety
of plant. Patents
and Trade marks
are commonly
used with the
Plant breeder’s
rights.
Applying for a plant breeder’s right
References:
Smith, A.B. and Cullis, B.R., 2018. Plant breeding selection tools built on factor analytic mixed models for multi-environment trial data. Euphytica, 214(8), p.143.
Araki, M. and Ishii, T., 2015. Towards social acceptance of plant breeding by genome editing. Trends in plant science, 20(3), pp.145-149.
Hervouet, A. and Langinier, C., 2018. Plant Breeders' Rights, Patents, and Incentives to Innovate. Journal of Agricultural and Resource Economics, 43(1), pp.118-150.
Muzaka, V., 2018. Intellectual Property for Pharmaceuticals and Plant Genetic Resources in Historical Perspective. In Food, Health and the Knowledge Economy(pp. 63-87). Palgrave Macmillan, London.
International PBR
One could apply for a PBR in other countries as well. The PBR
scheme of Australia conforms with the (UPOV) International
Union for the Protection of New Varieties of Plants.