ISHS Acta Horticulturae 275: International Symposium on the Culture of Subtropical and Tropical Fruits and Crops
TECHNICAL AND LEGAL ASPECTS OF THE PROTECTION OF NEW PLANT VARIETIES |
| Author: | D. Böringer |
| Abstract:
For more than 100 years, inventors have been able to obtain patents for their innovations. It soon became obvious that patents were not adjusted to biological material such as plant varieties. Therefore a specific form of industrial property rights was created. This was done through the International Convention for the Protection of New Varieties of Plants. Under this Convention, plant breeders' rights may be granted for varieties including subtropical and tropical fruit crops. The criteria for granting a right and the scope of protection are described. All states parties to the Convention constitute the Union for the Protection of New Plant Varieties (UPOV). At present 19 states, including the Republic of South Africa, are members of UPOV. The cooperation of the member states in technical and legal aspects is outlined. It is explained how UPOV has started to adjust the Convention to the new developments in bio- and genetechnology. | |
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