Plant Variety Protection: A Consideration of Genetic Relationships

Increased interest and debate over ownership of intellectual property (e.g., plant proprietary rights) has arisen in agriculture because the protection of research products is necessary to provide incentive for investment. Any unique, documentable invention (a product, service, or process) having potential use in commerce can be considered intellectual property. Intellectual property is any recorded “invention” arising from “new products, new services and new manufacturing processes no less than artistic works or scientific advances ... which can be bought and sold” (Nicholson Green Paper, 1983). In agriculture, unique inventions can become the property of individuals or organizations. For instance, improved plant varieties are inventions developed by breeders who are skilled in the art/ science of genetic manipulation. Inventions, including varieties, gene processes, or genetic constructs, developed by plant breeders or geneticists can be protected by law. Concern for comprehensive remuneration, however, has not always been an important issue in varietal development. For example, crossing and selection were practiced by plantsman from around 1870 onwards (Mastenbroek, 1988). At the turn of this century, selections in many crop species were still made from landraces. During the evolution and refinement of breeding techniques between 1900 to 1960, many methods (e.g., backcross and pedigree selection) were developed that led to improved homogeneous and homozygous varieties (Mastenbroek, 1988).