Plant variety (law)

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Plant variety applications by region, 2012 and 2022. WIPI 2023. Trend in plant variety applications worldwide 2008-2022.png
Plant variety applications by region, 2012 and 2022. WIPI 2023.

Plant variety is a legal term, following the International Union for the Protection of New Varieties of Plants (UPOV) Convention. [1] Recognition of a cultivated plant (a cultivar) 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.

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This "variety" (which will differ in status according to national law) should not be confused with the international taxonomic rank of "variety" (regulated by the International Code of Nomenclature for algae, fungi, and plants ), nor with the term "cultivar" (regulated by the International Code of Nomenclature for Cultivated Plants ). Some horticulturists use "variety" imprecisely; for example, viticulturists almost always refer to grape cultivars as "grape varieties".

The EU has established a system that grants intellectual property rights to new plant varieties called Community plant variety right. It is valid throughout the EU and is in line with TRIPS/WTO agreements and the UPOV 1991 convention. [2]

Around 27,260 plant variety applications were filed worldwide in 2022, up 8.2% on 2021 – a seventh consecutive year of growth. China contributed the majority of global growth, followed by the United Kingdom. [3]

See also

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<span class="mw-page-title-main">Cultivar</span> Plant or grouping of plants selected for desirable characteristics

A cultivar is a kind of cultivated plant that people have selected for desired traits and which retains those traits when propagated. Methods used to propagate cultivars include division, root and stem cuttings, offsets, grafting, tissue culture, or carefully controlled seed production. Most cultivars arise from deliberate 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".

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References

  1. "WIPO Lex, Treaties, International Convention for the Protection of New Varieties of Plants (UPOV)". www.wipo.int. Retrieved 2023-12-11.
  2. "Plant variety property rights - European Commission". food.ec.europa.eu. Retrieved 2023-12-11.
  3. "World Intellectual Property Indicators (WIPI) - 2023". www.wipo.int. Retrieved 2023-12-11. Creative Commons by small.svg  This article incorporates text available under the CC BY 4.0 license.