Plant Patents
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Plant Patents
Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted in certain places to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years. The system of Plant breeders' rights is considered a sui generis form of intellectual property rights. With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others. In order to qualify for these exclusive rights, a variety must be new, distinct, uniform, and stable. A variety is: *''new'' if it has not been commercialized for more than one year in the country of protection; *''distinct'' if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc.; *''uniform'' if the plant characte ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ...
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Plant Breeding
Plant breeding is the science of changing the traits of plants in order to produce desired characteristics. It is used to improve the quality of plant products for use by humans and animals. The goals of plant breeding are to produce crop varieties that boast unique and superior traits for a variety of applications. The most frequently addressed agricultural traits are those related to biotic and abiotic stress tolerance, grain or biomass yield, end-use quality characteristics such as taste or the concentrations of specific biological molecules (proteins, sugars, lipids, vitamins, fibers) and ease of processing (harvesting, milling, baking, malting, blending, etc.). Plant breeding can be performed using many different techniques, ranging from the selection of the most desirable plants for propagation, to methods that make use of knowledge of genetics and chromosomes, to more complex molecular techniques. Genes in a plant are what determine what type of qualitative or quantitativ ...
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Agreement On Trade-Related Aspects Of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement, international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration on the TRIPS agreement and public health, Doha Declarati ...
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Seed Saving
In agriculture and gardening, seed saving (sometimes known as brown bagging) is the practice of saving seeds or other reproductive material (e.g. tubers, Grafting, scions, Cutting (plant), cuttings) from vegetables, grain, herbs, and flowers for use from year to year for annuals and Nut (fruit), nuts, Fruit, tree fruits, and Berry, berries for perennials and trees. This is the traditional way farms and gardens were maintained for the last 12,000 years (see Neolithic Revolution#Agricultural transition, first agricultural revolution). In recent decades, beginning in the latter part of the 20th century, there has been a major shift to purchasing seed annually from commercial seed suppliers. Most farmers regard seed saving as a risky practice. If farmers do not sanitize their seed, this can result in significant pest or disease damage when the saved seed is planted. Other reasons farmers generally do not save seed include inbreeding depression and certain plants not growing Open polli ...
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Open Source Seed Initiative
The Open Source Seed Initiative (OSSI) is an organization that developed and maintains a mechanism through which plant breeders can designate the new crop varieties they have bred as open source. This mechanism is advanced as an alternative to patent-protected seeds sold by large agriculture companies such as Monsanto or DuPont. OSSI is a U.S. based not-for-profit 501(c)(3) organization focusing on establishing a protected commons of open source varieties and on educational and outreach activities associated with the development of this open source seed commons and on seed rights and issues related to the control of seed. The OSSI was founded in 2012 by a group of plant breeders, farmers, and seed companies. Founders include Jack Kloppenburg, Irwin Goldman, Claire Luby, Thomas Michaels, Frank Morton, Jonathan Spero, Alejandro Argumedo, and Jahi Chappell. Tom Stearns was an early supporter and advisor to the OSSI founders. Carol Deppe and C.R. Lawn joined the OSSI board of direct ...
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Agriculture
Agriculture encompasses crop and livestock production, aquaculture, and forestry for food and non-food products. Agriculture was a key factor in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people to live in the cities. While humans started gathering grains at least 105,000 years ago, nascent farmers only began planting them around 11,500 years ago. Sheep, goats, pigs, and cattle were domesticated around 10,000 years ago. Plants were independently cultivated in at least 11 regions of the world. In the 20th century, industrial agriculture based on large-scale monocultures came to dominate agricultural output. , small farms produce about one-third of the world's food, but large farms are prevalent. The largest 1% of farms in the world are greater than and operate more than 70% of the world's farmland. Nearly 40% of agricultural land is found on farms larger than . However, five of every six farm ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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UPOV
The International Union for the Protection of New Varieties of Plants or UPOV () is a treaty body (non-United Nations intergovernmental organization) with headquarters in Geneva, Switzerland. Its objective is to provide an effective system for plant variety protection. It does so by defining a blueprint regulation to be implemented by its members in national law. The expression UPOV Convention also refers to one of the three instruments that relate to the union, namely the ''1991 Act of the UPOV Convention'' (UPOV 91), ''1978 Act of the UPOV Convention'' (UPOV 78) and ''1961 Act of the UPOV Convention with Amendments of 1972'' (UPOV 61). History UPOV was established by the International Convention for the Protection of New Varieties of Plants (UPOV 61). The convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991. The initiative for the foundation of UPOV came from European breeding companies, who 1956 called for a conference to define basic principles for pl ...
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International Treaty On Plant Genetic Resources For Food And Agriculture
The International Treaty on Plant Genetic Resources for Food and Agriculture (also known as ITPGRFA, International Seed Treaty or Plant Treaty) is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in Madrid, and entered into force on 29 June 2004. Main features Participating countries There are 153 contracting parties to the Plant Treaty (152 Member States and 1 intergovernmental organization, the European Union) as of July 2024. Farmers' rights The treaty recognises ''farmers' rights'', subject to national laws to: a) the protection of traditional knowledge relevant to plant genetic resources for food and agriculture; b) the right t ...
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Nagoya Protocol
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, also known as the Nagoya Protocol on Access and Benefit Sharing (ABS), is a 2010 supplementary agreement to the 1992 Convention on Biological Diversity (CBD). Its aim is the implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. It sets out obligations for its contracting parties to take measures in relation to access to genetic resources, benefit-sharing and compliance. The protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014. , it has been ratified by 137 parties, which includes 141 UN member states and the European Union. From a concrete perspective, it gives each country sovereignty righ ...
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Convention On Biological Diversity
The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity (or biodiversity); the sustainable use of its components; and the fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity, and it is often seen as the key document regarding sustainable development. The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993. The United States is the only UN member state which has not ratified the Convention. It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol. Cartagena Protocol on Biosafety, The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international treaty governing the movements of ...
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