Our industry 2014 - (Page 66)
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04 Technology in agriculture
Innovation and intellectual property
Intellectual property (IP) rights - such as patents and plant breeder's rights -
are established legal instruments that provide incentives for innovation in
agriculture: innovations such as improved crop protection chemistries and new
plant varieties that help farmers grow more while using fewer natural resources.
Agricultural companies invest in research and development (R&D) to bring
forward new agricultural innovations that drive long-term agricultural productivity,
rural development and environmental sustainability. They do this with the belief
that such innovation needs to be encouraged, supported, and protected. As
is the case for any industry, the maintenance of IP rights is an essential basis for
innovation and progress. When it comes to an issue as fundamental
as food security, IP systems must be progressive and balanced in order to
stimulate continued innovation and to encourage the broad dissemination and
use of beneficial technologies.
Patents and other forms of IP protection provide incentives to invest in R&D
processes, which are increasingly more resource intensive, lengthy and risky, and
which require continuous technological innovation. R&D investment typically is
around 10% of company sales, which make agriculture one of the most R&D
intensive industries.
The breeding industry continues to undergo a rapid technification to develop
new plant varieties faster and more efficiently. Modern technologies and
innovative processes are now used at every step of the breeding cycle. These
include gene banks to access genetic diversity; marker-assisted genotyping to
help in combining the best characteristics; information technology to help
understand critical correlations between genes; metabolomics to support the
characterization of interesting traits. The outcome of the R&D process can easily
be copied by competitors and growers, which is why IP protection is important.
Without some form of enforceable commercial protection, there would be little
incentive to make such large and risky investments.
Two different and complementary IP systems - Plant Variety Protection (PVP)
and patents - are used to protect plant innovations. PVP protects a new plant
variety on the basis of its phenotypical characteristics, and is suitable for varieties
developed by empirical (traditional) breeding efforts. The term of a PVP differs
between countries and depends on plant species, but is generally between 15
and 25 years. While the PVP rights prevent unauthorized commercial copying of
the variety, the laws contain a statutory breeders' exemption that allows a variety
to be used for further breeding. This recognizes that new plant varieties are
always "created" from existing plants.
For new traits derived from highly technical processes such as genetic
modification or complex marker assisted breeding, patents are a better form
of IP protection because they provide more robust means to recoup huge
research investments. Patents are also used to protect crop protection
innovations. The prerequisites for grant of a patent are:
■■ novelty
■■ inventive step or non-obviousness
■■ industrial applicability
Two IP systems
protect plant research
and innovation - PVP
and patents
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Our industry 2014
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