Gert Würtenberger, Paul van der Kooij, Bart Kiewiet, and Martin Ekvad
- Published in print:
- 2021
- Published Online:
- July 2021
- ISBN:
- 9780192898234
- eISBN:
- 9780191926969
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192898234.003.0001
- Subject:
- Law, EU Law, Environmental and Energy Law
This chapter introduces plant breeding, which is intended to alter plants genetically in such a manner that they adapt more appropriately to the needs of human beings. It describes the objectives of ...
More
This chapter introduces plant breeding, which is intended to alter plants genetically in such a manner that they adapt more appropriately to the needs of human beings. It describes the objectives of plant breeding which are tightly interwoven with the general goals of agricultural plant production. It also recounts the first work on plant breeding and genetics that was conducted by an Augustinian monk named Gregor Johann Mendel in the mid-1890s. This chapter reviews how the unsuitability of patent protection and the lack of protection of plant breeding in many countries increased the demand for protection of plant varieties on an international basis. It mentions the preamble of the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which states that the protection of new varieties of plants is important for the development of agriculture and safeguarding the interests of breeders.Less
This chapter introduces plant breeding, which is intended to alter plants genetically in such a manner that they adapt more appropriately to the needs of human beings. It describes the objectives of plant breeding which are tightly interwoven with the general goals of agricultural plant production. It also recounts the first work on plant breeding and genetics that was conducted by an Augustinian monk named Gregor Johann Mendel in the mid-1890s. This chapter reviews how the unsuitability of patent protection and the lack of protection of plant breeding in many countries increased the demand for protection of plant varieties on an international basis. It mentions the preamble of the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which states that the protection of new varieties of plants is important for the development of agriculture and safeguarding the interests of breeders.
Gert Würtenberger, Paul van der Kooij, Bart Kiewiet, and Martin Ekvad
- Published in print:
- 2021
- Published Online:
- July 2021
- ISBN:
- 9780192898234
- eISBN:
- 9780191926969
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192898234.003.0003
- Subject:
- Law, EU Law, Environmental and Energy Law
This chapter looks at the system laid down in the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which implies that only the breeder of a variety has a claim on ...
More
This chapter looks at the system laid down in the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which implies that only the breeder of a variety has a claim on a plant breeders' right. It analyses the UPOV definition that qualifies the employer of the person who bred, or discovered and further developed, the variety of plants as the breeder. It also elaborates the responsibility of the Community Plant Variety Office (CPVO) in examining the entitlement to a Community plant variety right. This chapter reviews the technical questionnaire that requires the applicant to indicate 'breeding scheme, parents, other relevant information' for the completion of the form to confirm the credibility of plant breeders. It talks about the practice of the CPVO, which shows that the notion of breeding encompasses all techniques that are aimed at the creation of a new variety.Less
This chapter looks at the system laid down in the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which implies that only the breeder of a variety has a claim on a plant breeders' right. It analyses the UPOV definition that qualifies the employer of the person who bred, or discovered and further developed, the variety of plants as the breeder. It also elaborates the responsibility of the Community Plant Variety Office (CPVO) in examining the entitlement to a Community plant variety right. This chapter reviews the technical questionnaire that requires the applicant to indicate 'breeding scheme, parents, other relevant information' for the completion of the form to confirm the credibility of plant breeders. It talks about the practice of the CPVO, which shows that the notion of breeding encompasses all techniques that are aimed at the creation of a new variety.