Protection of plant-related innovations: Evolution and current discussion

Ethical, political, and technical aspects of the protection of plant-related innovations are currently being much debated. This article reviews the existing laws and treaties providing or affecting protection for such innovations, including the US Plant Patent Act of 1930, the UPOV Convention, TRIPS agreement and the European Regulation on the Protection of Plant Varieties. After looking at some landmark court cases, a number of issues being debated are explored, such as the patenting of gene sequences, broad patent claims in utility patents, the implementation of the concept of essential derivation and dependence, and access to genetic resources and the research exemption. Weaknesses of the present system are also outlined, such as the need for better protection of parental lines of hybrids and for better harmonisation amongst plant protection offices around the world.