Intellectual property protection of plant innovation

Abstract

Plant innovation is expensive. It is therefore crucial to protect the intellectual property of the breeder as all plant varieties are living self-reproducible material. Intellectual property protection of plant innovation varies from country to country. Plant varieties are not patentable in Europe. Protection of biotechnological inventions is obtained by patent if the invention is new, has an inventive step and industrial applicability. The protection conferred by a patent to a biotechnological invention also applies to varieties in which it is inserted, namely transgenic varieties. In Europe the exceptions to the protection of conventional and transgenic varieties are the same, namely, under certain conditions, the possibility of using farm-saved seeds and access to the genetic diversity of the protected variety for breeding. The possibilities of protection depend on national laws and examples of various countries including developing countries growing transgenic varieties are presented.