Protecting the Value in Value Added Crops: Intellectual Property Rights

TL;DRAbstract

This chapter describes only briefly many aspects of intellectual property rights. There is one primary reason for obtaining intellectual property rights: to provide a legal basis to recover the cost of developing a value added crop. Though many intellectual property rights are similar among countries, there were some notable exceptions. The 1970 Plant Variety Protection Act included a number aspects that were changed in the recently amended Plant Variety Protection Act, and these changes help illustrate how intellectual property rights evolve with experience and biology. Intellectual property rights have emphasized that cultivars must be distinct, unifonn, and stable. New cultivars could be quickly obtained by selecting a variant from the cultivar, by mutation or backcross breeding, or by genetic engineering. Other biological mechanisms that can be used to bolster intellectual property rights include having genes inserted that are controlled or selected for by proprietary chemicals.

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