Preprint Review Version 1 Preserved in Portico This version is not peer-reviewed

The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change

Version 1 : Received: 16 May 2021 / Approved: 17 May 2021 / Online: 17 May 2021 (17:03:30 CEST)

A peer-reviewed article of this Preprint also exists.

Smith, J.S.C. The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change. Agronomy 2021, 11, 1261. Smith, J.S.C. The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change. Agronomy 2021, 11, 1261.

Journal reference: Agronomy 2021, 11, 1261
DOI: 10.3390/agronomy11061261

Abstract

This review examines the categorization of Essentially Derived Varieties (EDV) introduced in the 1991 revision of the Convention of the Union internationale pour la protection des obtentions végétales (UPOV). Challenges in the implementation of the concept and progress made on a crop-by-crop basis to provide greater clarity and more efficient implementation are reviewed. The current approach to EDV remains valid provided i) clarity on thresholds can be achieved including through resource intensive research on an individual crop species basis and ii) that threshold clarity does not lead to perverse incentives to avoid detection of essential derivation. However, technological advances leading to new varieties resulting from the simultaneous introduction or change in expression of more than “a few” genes will so challenge the concept to require a new Convention. Revision could include deletion of the concept of essential derivation and revision on a crop-by-crop basis of the breeder exception. Countries that allow utility patents for individual plant varieties per se should consider removing that possibility unless plant breeders utilize those encouragements for risk taking and investment to broaden the germplasm base upon which the long-term sustainability of plant breeding resides.

Subject Areas

intellectual property; intellectual property protection; plant variety protection, plant breeders’ rights, essentially derived variety; utility patent; plant breeding; biotechnology.

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