Plant Variety Protection

What does it mean to turn something into an asset—not
just conceptually,
but also in terms of the good itself? And what are the implications for
doing business with others through assets? These are crucial questions as
they connect the nature of a good to the issue of what role we want business
and economic matters to play in our lives. If Kean Birch is correct
in his observation that certain industries like biotechnology have abandoned the market and its principles in favor of capitalizing on their assets instead of selling them, and if Fabian Muniesa et al. are right about connecting assets to what is commonly called “capitalism” (as opposed to “market economy”), we need to inquire into the relationship between the nature of a good, including its economic and wider social effects. But how to approach things as elusive as assets?

Chapter in Book: This book presents the perspectives of policy-makers and economists on a highly topical subject. Plant breeding patents, the ownership of biological innovation and associated intellectual property rights (IPR) are the subject of increased attention worldwide. They are particularly relevant in the field of agricultural biotechnology, but until recently evoked little policy analysis. IPRs are particularly relevant in the field of agricultural biotechnology. They are issues affecting public and private sector organizations and companies, and are significant for developing as well as developed countries. Table of Contents 1: Introduction, V Santaniello et al. 2: Patent and Other Private Legal Rights for Biotechnology Inventions (Intellectual Property Rights - IPR), D D Evenson, P.L.L.C., Washington, USA 3: Intellectual Property Rights of Plant Varieties and of Biotechnology in the European Union, V Santaniello 4: Intellectual Property Rights under the Convention on Biological Diversity, W Lesser, Cornell University, USA 5: An Economic Approach to Identifying An ‘Effective Sui Generis System’ for Plant Variety Protection Under TRIPS, W Lesser 6: Recent Intellectual Property Rights Controversies and Issues at the CGIAR, S H Bragdon, IPGRI, Rome, Italy 7: Economics of Intellectual Property Rights for Agricultural Technology, R E Evenson 8: The Market Value of Farmers’ Rights, R Mendelsohn, Yale University, USA 9: International Crop Breeding in a World of Proprietary Technology, B D Wright, University of California, USA 10: Knowledge Management and the Economics of Agricultural Biotechnology, D Zilberman and C Yarkin, University of California, USA and A Heiman, Hebrew University, Israel 11: Comparing Allocation of Resources in Public and Private Research, S Lemarié, Université Pierre-Mendès, Grenoble, France 12: Biotechnology Inventions: What Can We Learn From Patents?, D K N Johnson, Wellesley College, Massachusetts, USA and V Santaniello 13: Biotechnology Inventions: Patent Data Evidence, A Zohrabyan, Yale University, USA and R E Evenson 14: Property Rights and Regulations for Transgenic Crops in North America, G Carlson and M Marra, North Carolina State University, USA 15: Intellectual Property Rights, Canola and Public Research in Canada, P W B Phillips, University of Saskatchewan, Canada Reviews Have you read this book, or used it for one of your courses? We would love to hear your feedback. Email our reviews team to submit a review.

O artigo, que trata dos limites do direito de propriedade industrial de plantas, objetiva analisar estes limites em duas formas de proteção - patentes e proteção de cultivares - bem como verificar como estes limites podem ser interpretados sob o enfoque da função social da propriedade.

The paper, that argue the industrial property of plants under the aspect of the limits of this right, objective verify these limits in two protection form - patents and variety protection - and how these limits can be interpreted under the approach of the property social function.

Plant Varieties Protection are a form of Intellectual Property rights that fit in various biological components of plants. Plants as food, plants as medicine and plants used for other cultural activities. The importance of this set of rights is that with the dwindling climatic condition and the diminishing area coverage of vegetation, it has become very crucial that there is done more research to conserve and utilize natural resources. Plant variety protection is such one way and so is plant genetic resource access and sharing. This research has been conducted through secondary information using published work and journalism reporting. It stems from the idea that plant variety protection is not well recognized by most Kenyan farmers who lack a national legislative framework to handle issues on Plant Genetic Resource access and benefits. It is the finding of this work that more should be done to educate farmers on the opportunities and the rights they have under Plant Variety Protection Rights and that the national government as custodian of all natural resources should do all it can to encourage and legislate on Plant Genetic Resource Sharing and Benefits.

This paper begins with a brief discussion about the Plant Varieties and their value as an intellectual property for the breeders and the farmers. This paper then discusses the evolution and current state of Plant Varieties protection across various jurisdictions such as US, EU and India. This paper further discusses the rights provided to the farmers and the breeders in the different jurisdictions. This paper then makes a comparative study of farmers rights and the breeders rights in different jurisdictions. The paper also discusses the various approaches to protection of the rights of the stakeholders including the Sui genesis legislation of India. The paper finally provides the suggestions to balance the rights of the farmers and the breeders.

Bangladesh is an agriculture-prone least developed country (LDC). Plant breeding, commercialisation and exchange of seeds, and farmers’ traditional knowledge (TK) are the quintessence of its agricultural development. Involving these issues, there are several sporadic laws and a number of them are in the pipeline. Amongst the laws, the Patents and Designs Act, 1911 contains provisions for patentable inventions implicating plant varieties, seeds, and the likes, and the Trademarks Act, 2009, the Geographical Indication of Goods (Registration and Protection) Act, 2013, and the Seeds Ordinance, 1977 are treated to be merely relevant for trading of seeds. Further, these laws are not initially taken to be significant from the perspective of farmers’ rights, food security, sustainable agriculture and plant genetic resources (PGRs). With the adoption of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) providing intellectual property rights (IPRs) for the plant varieties and biotechnology, the country nods to these issues as a member of the TRIPS. To respond, it has drafted a number of laws encompassing the plant varieties and farmers’ rights protection, which are yet to get the final approval. Further, as a member of the Convention on Biological Diversity, 1992 (CBD) and the International Treaty on Plant Genetic Resources for Food and Agriculture, 2001 (ITPGRFA), it has recently enacted the Bangladesh Biodiversity Act, 2017 which aims to ensure maximum protection for PGRs and TK and to confer the benefit sharing arrangement for their holders. However, such laws arise either of the defunct colonial rule of continuity or of the property owners’ necessity or of treaty obligations. Since these laws are treaty specific, not sui generis in offering the legal protection to plant varieties, they cannot often cope with local needs and situations. As a result, farmers are restricted from their traditional use of PGRs at all levels – thus causing them to purchase IPRs protected seeds each season. This impedes them in meeting their livelihoods and food security and brings sufferings for sustainable agriculture and PGRs. Against this backdrop, this paper examines the perpendicular of plant variety protection (PVP) and farmers’ rights in Bangladesh in terms of intellectual property, food security, and sustainable agriculture and PGRs under the laws enacted already and upcoming. The paper finally proposes some plausible suggestions to improve the existing legal regime concerning the areas of plant varieties and farmers’ rights protection.

In "La Mondialisation cote sud, acteurs et territoires"
Editions ENS rue d´Ulm, IRD Editions
Edited by Jérome LOMBARD, Évelyn Mesclier, Sébastien Velut.
ENS École Normale Supérieure de Paris
IRD Institut de Recherche pour le Développement.
ISBN: 2-7099-1602-9

This chapter presents a general view of intellectual property rights, the judicial enforcement thereof (trial, incl. injunctions), unfair competition, as well as the contract of licensing. It does so in an international perspective, starting the presentation with international sources and referring, as illustrations, to particular national rules and to cases of different legal systems. It is mainly designed for students in management but can be useful for lawyers interested in a concentrated approach based on international texts.

Global food security is vulnerable due to massive growth of the human population, changes in global climate, the emergence of novel/more virulent pathogens, and demands from increasingly discerning consumers for chemical-free, sustainably produced food products. Bacterium- based biological control agents (BCAs), if used as part of an integrated management system, may satisfy the above demands. We focus on the advantages, limitations, problems, and challenges involved in such strategies.

Since 2000s, Africa and India severally rejected the notion that UPOV's 1991 standard of Plant Breeders Rights (PBRs) is the only route to fulfill their obligations under Article 27 of the TRIPs Agreement. Objecting to the exclusive focus of the UPOV regime on formal plant breeders, African countries, insisted on a holistic approach to plant breeders' rights to include protection for rights of communities, farmers and their indigenous knowledge, innovation and practices. Consequently, under the African Union's (AU) auspices, Africa proposed the Model Law for the Protection of the Rights of Local Communities and Breeders, and for Regulations of Access to Biological Resources. Self-evidently, the law not only recognizes the centrality of the smallholder indigenous and local community farmers on the continent's food production, it also underscores the interconnectedness of biodiversity conservation, farmers' rights, traditional knowledge, access and benefit sharing over genetic resources within then emergent international regimes. Nearly two decades after, Africa's resolve has proven to be fickle. The continent has reversed itself and fully embraced the UPOV regime. At about the same time as the Model Law, India enacted the Protection of Plant Varieties and Farmers' Rights Act, 2001 –an instrument consistent with the spirit of Africa's Model Law. Both regimes take into account the role of local farmers as the backbone of agricultural innovation, food production and food security in the developing world, including Africa and India, thereby further enhancing the idea of farmers' rights in food and agriculture law and policy. This Article juxtaposes the circumstances around Africa's failure of resolve and India's wobbly experience over farmers' rights. It calls attention to farmers' rights as a site for a missed and yet potentially redeemable opportunity for both Africa and India to advance South-South solidarity for food security.

*​Paper forthcoming in Indian Journal of Law and Technology  2018​

Drawing on interviews with Indian and Brazilian farmers’ rights activists, lawyers, agronomists and plant breeders, this article aims at better understanding how farmers’ rights are protected on paper and implemented on the ground in these two countries. Brazil and India offer important case studies because they are biologically megadiverse countries, and because small farmers represent an important segment of the rural economy. In this article, I show that India has adopted an ownership approach to farmers’ rights, while Brazil leans towards a stewardship approach. Based on an examination of the progress made in enforcing these rights, I further argue that the stewardship model adopted by Brazil is more conducive to the realization of farmers’ rights, and I explore why this is the case. Finally, I show how farmers’ rights provisions in the Brazilian and Indian legislations represent fragile gains that could be curtailed by several bills currently under discussion in the field of seed and plant variety protection.

Plant variety protection is a type of intellectual property right intended to provide an incentive to invest in research and development of new and improved plant varieties. The International Union for the Protection of New Varieties of Plants, UPOV, is the sole international agency concerned with intellectual property protection of new plant varieties. Concerns have been expressed about lack of transparency, democratic accountability and possibilities for public debate in its operation. The purpose of this study is to investigate this issue and find ways to open up the ‘black box’ that is UPOV for the mutual benefit of all who have a stake or interest in plant-related intellectual property.

Plant Breeders who are the ultimate beneficiaries of Plant Variety protection, against the rights of indigenous farmers, who are seemingly the unsuspecting losers. This is based on the apparent restrictions that this legislation places on access to Food Security that has hitherto not been a problem to such communities. In making this analysis, the article looks at the government justification for the establishment of legislation on Plant Variety Protection and gives a critique as to whether this justification is fulfilled through the provisions in the Act. The overall argument presented is that Agro-Based communities, such as those in Uganda, would be hard-pressed to satisfy the interests of pro-protection communities, such as Plant Breeders. The latter are in the minority as opposed to local farming communities that are the major economic feeders by virtue of their farming activities. Juxtapositions are thus made with similar – though current and old-legislation in India and Tanzania respectively, with a view towards drawing out best practices. This then forms the basis for the argument that Plant Variety protection, though possible and warranted, needs to cater for continued easy accessibility of farming communities to food which is susceptible to fall under such protection.

Citation: Kakooza, Anthony, Plant Variety Protection in Uganda: A legal analysis of emerging trends, at pp. 87-96 – WIPO-WTO Colloquium Papers, Research Papers from the WIPO-WTO Colloquium for Teachers of Intellectual Property Law, 2016, ISBN 978-92-870-4259-0

Plant breeders' rights (PBR) or plant variety protection (PVP) is very important for the future of plant breeding. At this study; Turkish (PBR) system has described, at the titles of brief history, legal infrastructure, institutional structures, international relations, protected species, protection periods and exceptions to farmers; and differences of Turkish PBR system from the UPOV convention has been revealed. The procedures at the PBR process have briefly explained. Conclusions and decisions regarding the situations that emerged in the PBR process has tabulated. The data of the Turkish PBR system at the end of 2018 were given in graphics. Outlines of Turkish BIH system is equivalent to UPOV and CPVO implementations. Problematic areas and deficiencies of Turkish PBR system has been expressed. Implementations of Turkish PBR system should improve and update, with these experiences, problems and deficiencies.

As proposed by FAO, the General Assembly of the United Nations declared 2013 as the International Year of Quinoa (IYQ), highlighting the potential role of quinoa’s biodiversity in contributing to global food security, given its high nutritional value and tremendous potential to adapt to different agroclimatic conditions. The declaration recognizes the role of the Andean communities in creating this biodiversity and conserving numerous local varieties of quinoa. The cultivation of quinoa on other continents will continue to expand in the coming years, and there will be an increasingly widespread distribution of systems of intellectual property rights (IPR) governing varieties or genes. It is, therefore, essential to recognize the contribution made by the Andean communities, applying measures to guarantee the fair and equitable sharing of the benefits derived from the use of quinoa’s genetic resources and associated traditional knowledge. This chapter addresses these issues. Four main...

Eine Soziologie des Eigentums existiert bislang nur rudimentär. Wo Soziologie Eigentum behandelt, tut sie dies zumeist in Form einer Kritik an seiner Verteilung. In diesem Beitrag versuche ich, anhand aktueller und historischer Streitfälle aus der Saatgutindustrie aufzuzeigen, welches Potential die soziologische Auseinandersetzung mit Eigentum bietet. Eigentum kann als reiche Institution mit unterschiedlichsten Funktionen und Problemen verstanden werden, die durch heterogene Elementen konstituiert wird, welchen sich die Soziologie gleichermaßen widmen sollte. Eine solche Betrachtung offenbart neben der etablierten Kritik von Eigentum als einer Ursache von Ungleichheit eine zusätzliche kritische Entwicklung: Die mögliche Erschöpfung von Eigentum als erfolgreicher sozialer Form stellt seine historischen Erfolge im Saatgutmarkt in Frage.

Perkembangan Ilmu Pengetahuan dan Teknologi yang semakin hari semakin signifikan menuntut kepastian hukum untuk menjamin setiap penemuan yang ada. Rekayasa Genetika Tanaman merupakan salah satu bukti perkembangan Ilmu Pengetahuan dan Teknologi tidak dapat dihindari seiring dengan perubahan masyarakat yang dinamis. Bentuk perlindungan terhadap proses maupun produk varietas tanaman hasil Rekayasa Genetika menjadi suatu persoalan yang perlu diuji lebih lanjut permasalahannya terkait dengan instrumen hukum dalam sistem Hak Kekayaan Intelektual. Melihat dari latar belakang lahirnya Undang-undang Paten dan Undang-undang Perlindungan Varietas Tanaman yang dalam pengaturannya mempunyai kesamaan terhadap objek yang dilindungi, menjadi sebuah persoalan yang perlu ditemukan jawabannya atas kepastian hukum sehubungan dengan persinggungan kedua jenis Hak Kekayaan Intelektual tersebut. Selain itu, perbedaan instansi yang bertugas dan bertanggungjawab dalam kedua jenis Hak Kekayaan Intelektual tersebut menjadi sebuah kajian tersendiri dalam kaitannya dengan keseragaman pada suatu instrumen hukum yang sama untuk dapat menjamin kepastian hukum agar tidak saling bersinggungan antara satu dengan yang lainnya. Metode penelitian yang digunakan dalam penyusunan skripsi ini adalah Pendekatan Penelitian Hukum Normatif dengan Pendekatan Perundang-undangan (Statute Approach). Adapun pendekatan ini meninjau pada peraturan perundang-undangan sebagai titik analisis utama dalam mengkaji dan membahas masalah hukum. Melalui Pendekatan Perundang-undangan ini, Penulis mengkaji penelitian ini dengan melihat persinggungan hukum dalam sebuah peristiwa hukum. Perbandingan antara perlindungan yang diberikan oleh Hak Paten dan Hak Perlindungan Varietas Tanaman terhadap objek yang sama dilakukan dengan mengacu pada ketentuan dan peraturan perundang-undangan yang berlaku di Indonesia.

There is a need to device a possible ways of improving necessary nutrients for better performance of eggplants. The use of mineral fertilizer in tropical soils can help solve the problem of low soil nutrients. So far, only N-level have been recommended in most of the region of Nigeria, the specific requirement for varieties have not or in most cases been overlooked, therefore determination of the interaction of N-level with variety is necessary as it will enable researchers determine specific level of N-fertilizer for specific variety. Thus research was conducted on Kogi State University Student Research and Demonstration Farm (Longitude 07°06 1 N; 43°E), Anyigba, Kogi State, to investigate the influence of N-fertilizer on the yield and yield components of eggplant (Solanum melongena L.) the experiment consisted of two varieties of eggplants green variety encoded as NC-2, the Off-white variety encoded as NC-1 and three urea fertilizer levels (0, 100, 200kgN/ha). Factorial combination of the treatments gave a total of six treatments which was laid in a Randomized Completed Block Design (RCBD) with four replications. Urea fertilizer was applied in 2-split doses first at 3weeks after planting and the second dose was applied at fruiting. Parameters measured include: plant height, number of leaves, stem girth, fruit diameter, number of nodes, number of branches, number of fruits per plant, number of flowers per plant, fruit weight. Fertilizer application significantly increased the yield of the two varieties. However, NC-2 (green variety) appears to respond more to higher N-application (up to 200kgN/ha) as compared to NC-1 (off-white variety). Also, fertilizer had significant effect on vegetative characters, yield and some yield components. The yield were found to be statistically at par.

Food security (a pressing issue for all nations) faces a threat due to population growth, land availability for growing crops, a changing climate (leading to increases in both abiotic and biotic stresses), heightened consumer awareness of the risks related to the use of agrichemicals, and also the reliance on depleting fossil fuel reserves for their production. Legislative changes in Europe mean that fewer agrichemicals will be available in the future for the control of crop pests and pathogens. The need for the implementation of a more sustainable
agricultural system globally, incorporating an integrated approach to disease management, has never been more urgent. To that end, the Valorizing Andean Microbial Diversity (VALORAM) project (http://valoram.ucc.ie), funded under FP7, examined the role of microbial
communities in crop production and protection to improve the sustainability, food security, environmental protection, and productivity for rural Andean farmers. During this work, microbial volatile organic compounds (mVOCs) of 27 rhizobacterial isolates were identified using gas chromatography/mass spectrometry (GC/MS), and their antifungal
activity against Rhizoctonia solani was determined in vitro and compared to the activity of a selection of pure volatile compounds. Five of these isolates, Pseudomonas palleroniana R43631, Bacillus sp. R47065, R47131, Paenibacillus sp. B3a R49541, and Bacillus simplex M3-4 R49538 trialled in the field in their respective countries of origin, i.e., Bolivia, Peru, and Ecuador, showed significant increase in the yield of potato. The strategy followed in the VALORAM project may offer a template for the future isolation and determination of putative biocontrol and plant growth-promoting agents, useful as part of a low-input integrated pest management system.

Khanizadeh, S., Granger, R., Dube´ , C. and Groleau, Y. 2012. Javid Crab Apple. Can. J. Plant Sci. 92: 977978. Javid is a
winter-hardy, scab-resistant ornamental apple tree released by Agriculture and Agri-Food Canada (AAFC), Horticulture
Research and Development Centre (HRDC). It is suitable for growing in Quebec and eastern and central Canada.
The name ‘Javid’ is derived from the Persian ‘jawid’ meaning eternal, forever, continuous or permanent, due to its fruit
persistency after ripening, and is named after the first author’s son.

Thirty varieties of cowpea were grown during the raining season of 2016 to determine the relative performance of the varieties in Anyigba environment. Number of branches produced per plant was found not to be significant with variety, days to first flower and 50% flowering varied significantly with varieties grown. Seed yield per hectare, number of pods per plant, number of seeds per pods pod yield and pod length varied significantly (P≤0.05) with variety. The highest seed yield of 1147 kg/ha was obtained with IT89KD288. However, this yield was not significantly different from those obtained with Ife-Brown (920 kg/ha), Sampea-4 (1027 kg/ha), Dippa (733 kg/ha) and Tchad (706 kg/ha). The performances of some of the varieties in relation to others, even though was slightly higher, but was found not to be statistically significant at 5% level of probability. The association characters also shows that positive and non-significant relationships existed between seed yield and numbers of seeds/pod, number of pods per plant, pod length, number of branches/plant, days to first flower and days to 50% flower. Keywords: Local varieties; improved varieties; seed yield per hectare; pod length; number of seeds per pods; number of pods per plant.

This report discuss the problem of intellectual
property in agriculture for new plant varieties and animal
races (superior living organisms with self-reproduction
capabilities) obtained through traditional or genetic engineering
methods. In 1961 was issued the UPOV
Convention that establishes a sui generis protection known
as Plant Breeders'Rights (P.B.R.) best suited to the plants.
Since the early eighties, the situation has changed with the
incoming of biotechnology and the introduction of the
patent system in the agricultural world in USA.
Actually, the situation is uncertain. In USA and Japan
patents are granted on plants. In Europe the protection of
the biotechnological inventions (including new plants) by
patent has been approved but not translated in national
law in many countries.
The introduction of a system completely unknown to
the agriculture is giving rise to several problems in terms
of availability of germ plasm , bar for applied researchers
and fair distribution of resources. Options are discussed.
To conclude data are shown on the critical situation of
breeding in Italy.
Key-words: patents, intellectual property rights, Plant
Breeders' Rights, GMO, new plant varieties, UPOV.

Conference paper: "XI Congreso Internacional sobre Cultivos Andinos" - PROINPA
Cochabamba, Bolivia, 2002-

SISTEMAS LEGALES DE GESTIÓN DE LOS RECURSOS FITOGENÉTICOS ÚTILES A LA ALIMENTACIÓN Y A LA AGRICULTURA - RFAA
Los procesos de conservación, acceso, utilización y distribución de los beneficios derivados de la utilización de los recursos fitogenéticos útiles a la alimentación y a la agricultura – RFAA, están legislados por un gran repertorio de normas que emanan del Derecho Ambiental, del Derecho Agrario y del Derecho internacional sobre la Propiedad Intelectual.
Este conjunto de normas ha determinado los principales elementos de la “Gestión Legal Internacional de los RFAA”, entre los cuales resaltan dos sistemas de acceso y de distribución de los beneficios derivados de la utilización de estos recursos. El primero establecido por el CDB en 1992 y el segundo, denominado “Sistema Multilateral de Acceso y de distribución de beneficios”, que fue adoptado por la FAO en el 2001. Estos sistemas dentro de una lógica de desarrollo durable, están orientados a:
 La implementación de políticas destinadas a la conservación In situ y Ex situ de los RFAA a nivel mundial.
 La definición de principios y mecanismos que faciliten el acceso a los RFAA para el uso y la comercialización, el acceso para la investigación y el acceso para garantizar la Seguridad Alimentaria mundial.
Complementariamente, los Convenios de la Unión internacional para la Protección de las Obtenciones Vegetales – UPOV y el Acuerdo sobre los Derechos de Propiedad Intelectual vinculados al Comercio – ADPIC, rigen la gestión comercial internacional de los RFAA.
El análisis de las interrelaciones entre los tratados mencionados permite apreciar la existencia de serios límites e incompatibilidades entre estas normas. En consecuencia, se hace aún más difícil la implementación de los "derechos de los agricultores” y la protección de los conocimientos colectivos de los pueblos indígenas vinculados a los recursos biológicos.
Msc. Marco CHEVARRIA LAZO
IRD.

Genetic fingerprinting of 110 rice cultivars of Bangladesh was completed with five polymorphic microsatellite DNA markers such as RM153, RM251, RM333, RM335 and RM475. The amplified DNA fragments are known as alleles from Polymerase Chain Reaction (PCR) reactions were separated on 2% agarose gel electrophoresis system, subsequently visualized by high performance ultraviolet transilluminator. In all, 99 distinctive alleles averaging 19.80 alleles/locus from the entire utilized microsatellite loci were counted. Several diversity indexes such as Polymorphism Information Content (PIC), heterozygosity, and cluster analysis were computed in this quantitative investigation. Superior genetic differentiation and inferior gene flow values among the cultivars were revealed from the recorded genetic diversity study of PIC, Effective allele, Shannon index (I), Hardy-Weinberg equilibrium (HWE), Nei's gene diversity (h), along with genetic differentiation-Fis and gene flow-Nm analysis. A total, 5995 varietal pairs were achieved all the way through alternative combinations of 110 rice cultivars where their Nei's genetic distance (D) was ranged from zero to 2.832. Nei's genetic-base an Unweight Pair Group Method of Arithmetic Means (UPGMA) diagram was assembled which eventually separated all the cultivars from each other according to their genetic distance and similarity. Thus, the finding of this study will expose such strategies to distinct all the wild relatives, cultivars and commercial varieties of rice or any other crop species having various genetic levels to facilitate further improvement and protection in future.

Nitrogen plays an important role in protein formation, cell improvement and other physiological and agronomical activities, while genotypes also play an important role in increasing yield because different genotypes have different performance. This research mainly focuses on nitrogen application and genotypes performance in wheat production. Nitrogen application showed significant variation for all parameters and produced maximum tiller m-2 (366), grains spike-1 (52.5), biological yield (11775 kg ha-1), grain yield (4009 kg ha-1), nitrogen concentration in straw (0.50 %), protein concentration in straw (2.84 %), nitrogen concentration in grains (2.01 %) and protein concentration in grains (11.5 %) with nitrogen applied at the rate of 150 kg ha-1 while 120 kg nitrogen ha-1 gave maximum leaf area index (4.4 cm-2) and thousand grains weight (40.1 g). Genotypes showed differentiation for all parameters recorded during the experiment except nitrogen and protein content in grains and straw while between different genotypes, wheat genotype Pirsabak-2013 performed better and produced good performance and produce maximum tillers m-2 (372), grains spike-1 (52), leaf area index (4.4 cm-2 ), thousand grains weight (40.4 g), biological yield (10767 kg
ha-1) and grain yield (3658 kg ha-1). Interaction between nitrogen application and wheat genotypes significantly differed tiller m-2, leaf area index, thousand grains weight and biological yield. Wheat
genotype Pirsabak-2013 with nitrogen applications 120 up to 150 kg ha-1 enhanced grain yield, protein content, nitrogen content and could be recommended for qualitative and quantitative production in wheat.
Keywords: Cultivars; Genotypes; Nitrogen; Protein; Varieties; Wheat

There is a need to device a possible ways of improving necessary nutrients for better performance of eggplants. The use of mineral fertilizer in tropical soils can help solve the problem of low soil nutrients. So far, only N-level have been recommended in most of the region of Nigeria, the specific requirement for varieties have not or in most cases been overlooked, therefore determination of the interaction of N-level with variety is necessary as it will enable researchers determine specific level of N-fertilizer for specific variety. Thus research was conducted on Kogi State University Student Research and Demonstration Farm (Longitude 07°06 1 N; 43°E), Anyigba, Kogi State, to investigate the influence of N-fertilizer on the yield and yield components of eggplant ( Solanum melongena L.) the experiment consisted of two varieties of eggplants green variety encoded as NC-2, the Off-white variety encoded as NC-1 and three urea fertilizer levels (0, 100, 200kgN/ha). Factorial combinati...

Türkiye Avrupa Birliği üyeliği için müzakere sürecindedir. Avrupa Birliği dünya tohumculuk sektörünün güçlü bir paydaşı ve referans noktasıdır. Türk çeşit tescil sisteminin AB ile uyumlu olması Türk tohumculuk sektörü açısından önemli bir nirengi noktası olacaktır. Bu çalışmada Avrupa Birliğinin tarla bitkisi türlerinde çeşit tescil uygulamalarını düzenleyen tarla bitkisi türleri çeşitlerinin ortak kataloğuna dair 13 Haziran 2002 tarihli 2002/53/EC sayılı Konsey Direktifi ile ülkemiz Bitki Çeşitlerinin Kayıt Altına Alınması Yönetmeliği ve ilgili bazı mevzuatlar karşılaştırılmıştır. Bu karşılaştırmalar bir uyum tablosu içerisinde toplanarak, başlıklara göre farklılıklar ve uyumluluklar açıklanmıştır. Ülkemiz çeşit tescil mevzuatının büyük bir oranda AB mevzuatı ile uyumlu olduğu görülmüştür. Ülkemiz çeşit muhafaza sisteminin güçlendirilerek 2005/834/EC sayılı Avrupa Konseyi kararına ilave yapılarak ülkemiz çeşit muhafaza uygulamalarının AB ile eşdeğerliğinin onaylanmasının sağlanmasının, ülkemiz ıslahçılarına dezavantaj sağlayan üretim izni uygulamasının revize edilmesi önemli görülmektedir. Makalede Türkiye’deki üretim izni uygulamasının Türk ıslahçılarına dezavantaj yaratan mevcut halini daha eşit ve adil bir biçime dönüştürecek önerilerde bulunulmuştur.

The first international treaty bringing intellectual property (IP) into agriculture was drawn up in Europe to harmonize and support existing national systems that give commercial plant breeders' rights over the plant varieties they breed, and to promote the system in other countries. This system of plant breeders' rights was a newly created alternative to the US approach of allowing plant patents, itself a special regime designed to protect vegetatively reproduced ornamental and fruit varieties. Since the TRIPS Agreement, all WTO Members must provide some form of IP protection for plant varieties, but it is up to them how to do it. This chapter examines the development of plant breeders' rights and some issues that arise from them today.

Art. 27 (c) of the Agreement on a Unified Patent Court (AUPC) provides for a new type of exception to patent rights at European level: the breeder’s exception. This provision limits the effects of patent rights for “the use of biological material for the purpose of breeding, or discovering and developing other plant varieties”. The breeder’s exception has already been incorporated into the national patent laws of France, Germany, the Netherlands, and Switzerland. When the AUPC enters into force, the exception will be mandatory for all of its contracting parties. This paper will explain the reasons for introducing the breeding exception into the patent system as well as its importance for academic and business purposes. It will also highlight how scientific developments influence legislation.

This paper analyses the reframing of German seed as a market good. In the late 19th century, seed was sold on dedicated transregional markets for the first time. These emerging seed markets faced several problems, among them unpredictability, ill-adapted products and the proliferation of reproduced seed on the market, which made it difficult for breeders to alienate their product and for farmers to appropriate it. In this article, I explore how seed was turned into a ‘quasi-commodity’, a market good not fully alienated yet completely appropriated. Highlighting the challenge that seed posed for the passage of property in market transactions, the article seeks to answer to what is wrong with the current excess of property rights in markets for consumer goods.

Bu çalışmada; Uluslararası Yeni Bitki Çeşitlerinin Korunması Sözleşmesi (UPOV Sözleşmesi) çerçevesinde yapılan uygulamaların sebze türleri açısından bir analizi yapılmış olup, bu uygulamaların ıslahçı, tohum üreticisi ve çiftçiler açısından etkileri incelenmiştir. Ülkemizde ve Avrupa Birliğinde sebze türlerinde yapılan bitki ıslahçı hakları başvuru verileri geçmişten günümüze ortaya konulmuş, sebze ıslahçısı/ıslahçı hakkı sistemi ilişkisinin eğilimi analiz edilmiştir. Ülkemizde ve dünyada uygulamada yaşanılan örnek kopyalama, hak ihlali olayları üzerinden ülkemizde sebze ıslahçıları, sebze tohumu üreticileri ve sebze üretimi yapan çiftçilerin karşılaşabileceği kritik noktalar ve çözüm önerileri belirtilmiştir. Islahçıların farklı bir ticari değer ortaya koyan hatlarını ve tohum fiyatı yüksek olan hibrit çeşitler ile açık tozlanan çeşitlerini koruma altına aldırması tavsiye edilmiştir. Tohum üreticilerinin, çiftçilere bitki ıslahçı hakları konusunda karşılaşacağı yasal yaptırımlar konusunda bilgi verecek ve uyaracak, ayrıca hak ihlalleri ile yasal mücadelede uzmanlaşmış bir birim oluşturması önerilmiştir.