Regulatory landscape for plant genetic resources: germplasm conservation and plant variety rights in the berry sector in Europe

Abstract

Genetic resources (GenRes), as defined by the Convention on Biological Diversity (CBD), include any genetic material with actual or potential value. The management of GenRes involves a complex international regulatory framework that governs their identification, recovery, characterization, conservation, intellectual property (IP) protection, and utilization. This intricate system, overseen by multiple international organizations, impacts the collection of new materials from the wild, the research conducted on these resources, and the manner in which research findings are shared with the countries of origin. Plant genetic resources (PGR) are critical to developing new crop cultivars by preserving traits that might have been lost during domestication. For health and nutritional security, effective conservation and judicious use of these materials are vital. Additionally, their use in breeding programs often leads to the creation of commercial cultivars, which must be registered under plant variety rights in Europe or similar protections worldwide. This review examines the regulatory landscape guiding the conservation and use of PGR, focusing on how various regulations interact to affect the conservation, exchange, protection, and commercialization of germplasm. Using the rapidly expanding berry sector as a case study, we analyse berry conservation efforts in Europe and trends in the release of commercial cultivars, covering blueberries, blackberries, raspberries, and strawberries, and recognizing contributions from both public and private breeding programs within and beyond the European Union (EU). This analysis seeks to promote effective conservation and sustainable use of GenRes, enhancing their contribution to agricultural innovation and biodiversity preservation.