Plant breeders' rights

[4] There is also a provision for compulsory licensing to assure public access to protected varieties if the national interest requires it and the breeder is unable to meet the demand.Both the 1978 and the 1991 Acts set out a minimum scope of protection and offer member States the possibility of taking national circumstances into account in their legislation.Member countries also have the option to require the breeder's authorization with respect to the specified acts as applied to products directly obtained from the harvested material (such as flour or oil from grain, or juice from fruit), unless the breeder has had reasonable opportunity to exercise their right in relation to the harvested material.In 1970 the United States followed the lead of seventeen Western European nations and passed the Plant Variety Protection Act 1970 (US).The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires member states to provide protection for plant varieties either by patents or by an effective sui generis (stand alone) system, or a combination of the two.India has adopted a plant breeders' rights law that has been rejected by the UPOV Council as not meeting the requirements of the treaty.There have been contrary opinions expressed by both lawyers and scientists assessing the general necessity for the protection of bred plant varieties as a form of intellectual property.Agricultural research and development, for example, has been specified as a particularly demanding endeavor, with respect to immediate concerns for the ability to sustainably feed an increasing global population.[8][14] On the contrary, some believe that a more diverse approach than the imposition of intellectual property rights laws upon new plant varieties is required.[8][7] This counter argument asserts that complex social, cultural, and economic factors affect the nature of intellectual property and its protection.[15][failed verification] Generally, it comes from the belief that communities should have control over their own seed stock, as a means to increase agricultural biodiversity, resilience, and food security.[16] Activists argue that farmers and individuals should have legal protection for the practice for maintaining traditional plant varieties.
Intellectual propertyAuthors' rightsCopyleftCopyrightDatabase rightFarmers' rightsGeographical indicationIndigenous intellectual propertyIndustrial design rightIntegrated circuit layout design protectionMoral rightsPatentPeasants' rightsPlant genetic resourcesRelated rightsSupplementary protection certificateTrade dressTrade secretTrademarkUtility modelAbandonwareArtificial intelligence and copyrightBrand protectionCopyright abolitionCopyright trollCriticism of copyrightBioprospectingBiopiracyIdea–expression distinctionLimitations and exceptions to copyrightFair dealingFair useParaphrasingRight to quoteOrphan workPatent trollPirate PartyPublic domainOutline of intellectual propertyOutline of patentsPropertyProperty lawbreedervarietyexclusive controlcut flowershybridpropagationcompulsory licensing(first sale, but not resale)Union Internationale pour la Protection des Obtentions VégétalesGenevaself-executingPlant Variety and Seeds Act 1964Western EuropeanPlant Variety Protection ActAgreement on Trade-Related Aspects of Intellectual Property RightspatentsWorld Trade OrganizationConvention on Biological DiversityNagoya ProtocolInternational Treaty on Plant Genetic Resources for Food and AgricultureUnited StatesAgriculturalOpen Source Seed Initiativeseed savingfood justicefood sovereigntyPlant breedingBiodiversityGermplasmSeedbankAccess and Benefit Sharing AgreementNagoya Protocol to the Convention on Biological DiversityUPOV Convention on New Varieties of PlantsUnited Nations Declaration on the Rights of PeasantsWorld Intellectual Property OrganizationGenetic resources (disambiguation)Community Plant Variety OfficePlant Patent Act of 1930Protection of Plant Varieties and Farmers' Rights Act, 2001Community Plant Variety Office (European Union)Raad voor Plantenrassen (Netherlands)Food and Agriculture Organization of the United NationsInternational Union for the Protection of New Varieties of PlantsUPOV ConventionUnited Nations Declaration on the Rights of Indigenous PeoplesArticle 9 of FAO Plant Treaty on Farmers' rightsRight to food as codified in various textsIndia (2001)United States of America (1970)