Intellectual property rights and plant genetic resources: Options for a Sui Generis system

This study aims at the development and evaluation of elements for inclusion in an intellectual property rights system sui generis for the protection of plant varieties. Pursuant to the TRIPS Agreement, members shall provide patent protection for any inventions, whether products or processes, in all fields of technology. Members are allowed to exclude from patentability inter alia plants and animals other than micro-organisms. However, the TRIPS Agreement explicitly requires members to provide for the protection of plant varieties either ”by patents or by an effective sui generis system or by any combination thereof.” The report studies the legal obligations posed by the TRIPS Agreement in relation to plant genetic resources. It further analyzes the status of plant genetic resources under the existing international regulatory framework, in particular the Convention on Biological Diversity. The Study gives an overview of and discusses possible elements, for example recognition of Farmers' Rights, which, if included in a protection system for plant varieties, may contribute to reconciliation of the interests of formal breeders with the rights and interests of informal breeders. The study also examines the options for regulating the interface between a sui generis legislation and other intellectual property rights, such as patents. There is a broad range of possible TRIPS-compatibles sui generis systems. Those systems should be explored and discussed before ready-made protection system currently being used in many industrialized countries are adopted

Sustainable management and improvement ofgenetic resources for aquaculture

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Assessment of Cultivar Distinctness in Alfalfa: A Comparison of Genotyping‐by‐Sequencing, Simple‐Sequence Repeat Marker, and Morphophysiological Observations

Cultivar registration agencies typically require morphophysiological trait-based distinctness of candidate cultivars. This requirement is difficult to achieve for cultivars of major perennial forages because of their genetic structure and ever-increasing number of registered material, leading to possible rejection of agronomically valuable cultivars. This study aimed to explore the value of molecular markers applied to replicated bulked plants (three bulks of 100 independent plants each per cultivar) to assess alfalfa ( L. subsp. ) cultivar distinctness. We compared genotyping-by-sequencing information based on 2902 polymorphic single-nucleotide polymorphism (SNP) markers (>30 reads per DNA sample) with morphophysiological information based on 11 traits and with simple-sequence repeat (SSR) marker information from 41 polymorphic markers for their ability to distinguish 11 alfalfa landraces representative of the germplasm from northern Italy. Three molecular criteria, one based on cultivar differences for individual SSR bands and two based on overall SNP marker variation assessed either by statistically significant cultivar differences on principal component axes or discriminant analysis, distinctly outperformed the morphophysiological criterion. Combining the morphophysiological criterion with either molecular marker method increased discrimination among cultivars, since morphophysiological diversity was unrelated to SSR marker-based diversity ( = 0.04) and poorly related to SNP marker-based diversity ( = 0.23, < 0.15). The criterion based on statistically significant SNP allele frequency differences was less discriminating than morphophysiological variation. Marker-based distinctness, which can be assessed at low cost and without interactions with testing conditions, could validly substitute for (or complement) morphophysiological distinctness in alfalfa cultivar registration schemes. It also has interest in sui generis registration systems aimed at marketing alfalfa landraces

Sustainable management and improvement of genetic resources for aquaculture

Abstract Effective genetic management of the ~700 aquatic species cultured globally should be addressed for aquaculture to make a significant contribution towards meeting the UN's Sustainable Development Goals. This article aims to identify the current status and challenges relating to the management of farmed aquatic genetic resources (AqGR) and to make recommendations for its improvement. The lack of information on the genetic status of many farmed species is a critical constraint and there is a need to characterize these resources and develop information systems and tools to monitor farmed types used for aquaculture and their wild counterparts. Risk assessment is needed when introducing non‐native species and when managing native species including developed farmed types; policies need to be improved and increased awareness and training in risk assessment are required. To increase the uptake of selective breeding in aquaculture, there is a need for the development and adoption of better and more sustainable business models, including long‐term financial instruments such as public–private partnerships. Training and technology transfer between aquaculture sectors can have significant impact, especially for lower‐value species. Nationally and globally applicable instruments and regulations need to be adapted to AqGR and become operational and be effectively implemented by countries