Towards a Fair Scope of Protection for Plant Breeders’ Rights in an Era of New Breeding Techniques: Proposals for a Modernization of the Essentially Derived Variety Concept

Plant breeders’ rights (PBRs) are an important IP right, and as plant breeding has a crucial role to play in sustainability, it is vital that innovations receive the appropriate innovation incentives. The full exemption ensures there always free access variety protected by PBR for developing new varieties. price pay this holders cannot prevent third parties from taking advantage of their efforts investments variety. This invites free-riding, at detriment holder. concept “essentially derived varieties” (EDV), introduced 1991, provided “fix” problem. It allows extend, least some extent, scope protection those varieties which use all or most essential characteristics initial Decades have passed, but no adequate interpretation complex EDV been found. advent techniques (NBTs) made discussion about fair PBRs more relevant. necessitates modernization concept, if system remain relevant continue be innovation-incentivizing mechanism. I argue broader fair. Determining what derivation will difficult task also future. why additionally proposed collaborative reward model, facilitate functioning capable providing legal certainty area.