The International Treaty on Plant Genetic Resources for Food and Agriculture, is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in Madrid, and entered into force on 29 June 2004.
The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.
A cultivar is a type of cultivated plant that people have selected for desired traits and when propagated retain those traits. Methods used to propagate cultivars include: division, root and stem cuttings, offsets, grafting, tissue culture, or carefully controlled seed production. Most cultivars arise from purposeful human manipulation, but some originate from wild plants that have distinctive characteristics. Cultivar names are chosen according to rules of the International Code of Nomenclature for Cultivated Plants (ICNCP), and not all cultivated plants qualify as cultivars. Horticulturists generally believe the word cultivar was coined as a term meaning "cultivated variety".
An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
The International Union for the Protection of New Varieties of Plants or UPOV is a treaty body with headquarters in Geneva, Switzerland. Its objective is to provide an effective system for plant variety protection. It does so by defining a blueprint regulation to be implemented by its members in national law. The expression UPOV Convention also refers to one of the three instruments that relate to the union, namely the 1991 Act of the UPOV Convention, 1978 Act of the UPOV Convention and 1961 Act of the UPOV Convention with Amendments of 1972.
Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material and harvested material of a new variety for a number of years.
An heirloom plant, heirloom variety, heritage fruit, or heirloom vegetable is an old cultivar of a plant used for food that is grown and maintained by gardeners and farmers, particularly in isolated or ethnic minority communities of the Western world. These were commonly grown during earlier periods in human history, but are not used in modern large-scale agriculture.
Monsanto Canada Inc v Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology, between a Canadian canola farmer, Percy Schmeiser, and the agricultural biotechnology company Monsanto. The court heard the question of whether Schmeiser's intentionally growing genetically modified plants constituted "use" of Monsanto's patented genetically modified plant cells. By a 5-4 majority, the court ruled that it did. The Supreme Court also ruled 9-0 that Schmeiser did not have to pay Monsanto their technology use fee, damages or costs, as Schmeiser did not receive any benefit from the technology. The case drew worldwide attention and is widely misunderstood to concern what happens when farmers' fields are accidentally contaminated with patented seed. However, by the time the case went to trial, all claims of accidental contamination had been dropped; the court only considered the GM canola in Schmeiser's fields, which Schmeiser had intentionally concentrated and planted. Schmeiser did not put forward any defence of accidental contamination.
Plant variety is a legal term, following the International Union for the Protection of New Varieties of Plants (UPOV) Convention. Recognition of a cultivated plant as a "variety" in this particular sense provides its breeder with some legal protection, so-called plant breeders' rights, depending to some extent on the internal legislation of the UPOV signatory countries, such as the Plant Variety Protection Act in the US.
The Community Plant Variety Office (CPVO) is an agency of the European Union, located in Angers, France. It was established in 1994. Its task is to administer a system of plant variety rights, also known as plant breeders' rights, a form of intellectual property right relating to plants.
Industrial design rights in the European Union are provided at both the Union level by virtue of the Community design and at the national level under individual national laws.
Jasmine is considered the queen of flowers and is called the "Belle of India" or the "Queen of fragrance" as it is exquisitely scented to soothe and refresh. In different parts of India it is called by different names—Mogra, Motia, Chameli, Malli puvvu, Jaati, Mulla, Mallige, Juhi, Mogra or Moonlight in the grove. It is reported that there are 300 varieties of jasmine. It is also stated that jasmine crossed the seas—from Asia to Europe, landing first along the Mediterranean Sea, conquering Greece and Turkey, reaching Western Europe through Spain, then France and Italy and finally landing in England in the latter part of the 17th century..
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
Plant breeding is the science of changing the traits of plants in order to produce desired characteristics. It has been used to improve the quality of nutrition in products for humans and animals. The goals of plant breeding are to produce crop varieties that boast unique and superior traits for a variety of agricultural applications. The most frequently addressed traits are those related to biotic and abiotic stress tolerance, grain or biomass yield, end-use quality characteristics such as taste or the concentrations of specific biological molecules and ease of processing.
Pesticide regulation in the United States is primarily a responsibility of the Environmental Protection Agency (EPA). In America, it was not till the 1950s that pesticides were regulated in terms of their safety. The Pesticides Control Amendment (PCA) of 1954 was the first time Congress passed guidance regarding the establishment of safe limits for pesticide residues on food. It authorized the Food and Drug Administration (FDA) to ban pesticides they determined to be unsafe if they were sprayed directly on food. The Food Additives Amendment, which included the Delaney Clause, prohibited the pesticide residues from any carcinogenic pesticides in processed food. In 1959, pesticides were required to be registered.
The Plant Variety Protection Act of 1970 (PVPA), 7 U.S.C. §§ 2321-2582, is an intellectual property statute in the United States. The PVPA gives breeders up to 25 years of exclusive control over new, distinct, uniform, and stable sexually reproduced or tuber propagated plant varieties. A major expression of plant breeders' rights in the United States, the PVPA grants protection similar to that available through patents, but these legal schemes differ in critical respects. The PVPA should not be confused with plant patents, which are limited to asexually reproduced plants.
The Indian Institute of Spices Research (IISR) is an autonomous organization engaged in agricultural research related to spices in India. The institute has its headquarters in Moozhikkal, Silver Hills, Kozhikode, Kerala and is a subsidiary of Indian Council of Agricultural Research (ICAR), New Delhi, under the Ministry of Agriculture, India.
J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., 534 U.S. 124 (2001), was a decision of the United States Supreme Court holding for the first time that utility patents may be issued for crops and other flowering plants under 35 U.S.C. § 101. The Supreme Court rejected the argument that the exclusive ways to protect these plants are under the Plant Variety Protection Act (PVPA), 7 U.S.C. § 2321, and the Plant Patent Act of 1930 (PPA), 35 U.S.C. §§ 161-164.
Registration of intellectual property in Ghana is key to safeguarding one's intellectual efforts from infringement. Intellectual property law of Ghana encompasses intellectual property (IP) laws in Ghana, such as laws governing copyright, patent, trademark, industrial design rights, and unfair competition. The main intellectual property laws in Ghana include the Copyright Act, 2005, the Patents Act, 2003, the Trademarks Act, 2004, the Industrial Designs Act, 2003 and the Protection Against Unfair Competition Act, 2000. These are supplemented by regulations passed by the Legislature to augment the rate of development under IP laws.
Cannabis in Saint Vincent and the Grenadines was prior known to be illegal but is now decriminalized up to 2 ounces. Persons caught with 56 grammes or less of the drug will not be subject to incarceration. Instead, they will be fined a maximum of $500 and be subject to other measures including begin given educational material about cannabis; counselling and rehabilitative care. These provisions were among several amendments that were made to the Drugs Amendment Act (2018), which was passed in Parliament on July 25. In addition to only being a ticketable offense, the amendment provides for Vincentians to smoke the herb in the privacy of their homes and in places of worship of the Rastafarian faith without punishment. The amendment also said that the Minister may designate a list of public areas where the smoking of cannabis may be allowed. The country has correlating legal medical marijuana laws. Parliament on December 11, 2018, passed two Acts, one which establishes a Medical Cannabis Industry in St Vincent and the Grenadines and the other which offers amnesty for traditional marijuana growers. The Vincentian Parliament passed legislation to protect the intellectual property of breeders of new plant varieties in St. Vincent and the Grenadines (SVG), the Plant Breeders’ Protection Bill, 2019. It sets up the jurisprudential framework within which these persons will be able to accrue the rights, how these rights will be protected, how they will be published so that persons in the entire society, in the court and globally, can be aware of the hard work which was done, the agriculture minister said. Under the law, a person must obtain the authorization of a grantee with respect to propagating material of the protected variety, to produce or reproduce, condition the material for the purpose of propagation, offer the material for sale, to sell the material, import or export the material, or stock the material for any of the previous purposes. Regarding infringement of plant breeders’ rights, the following acts are exempt: an act done privately for non-commercial purposes, an act done for experimental purposes, or an act done for the purpose of breeding other plant varieties. The law allows for compulsory licenses where a person may apply to the court for the grant of a compulsory license to exploit a protected variety in SVG. Subject to terms that the court thinks fit, the court may make an order for the grant of compulsory licenses if it is satisfied that the grant of the compulsory licenses is in the public interest. Offense under the law include falsification of register and falsely representing a plant variety as a protected variety. The law also orders the registrar to publish applications for plant breeders’ rights, proposed and approved denominations, withdrawals of application for plant breeders’ rights, the rejection of applications for plant breeders’ rights, any grant of a breeders’ right, any change in the breeder or the agent in respect of a plant variety, lapses of plant breeders’ rights, any invalidation or revocation of a plant breeder's rights, the licenses in relation to plant breeders’ rights, where applicable. Cannabis is widely grown illicitly on the island and is the nation's most valuable agricultural product. Saint Vincent is the most prolific producer of cannabis in the Caribbean, other than Jamaica.
