African Journal of
Agricultural Research

  • Abbreviation: Afr. J. Agric. Res.
  • Language: English
  • ISSN: 1991-637X
  • DOI: 10.5897/AJAR
  • Start Year: 2006
  • Published Articles: 6578

Review

The legal protection of new plant varieties

Nadezda Ljubojev1* and Sinisa Varga2
1Technical Faculty in Zrenjanin, University of Novi Sad, Republic of Serbia. 2Law Faculty in Kragujevac, University of Kragujevac, Republic of Serbia.
Email: [email protected]

  •  Accepted: 22 April 2013
  •  Published: 02 May 2013

Abstract

The production of new plant varieties is highly desirable. But it is expensive, long-lasting and knowledge-based activity. That is why it is necessary to prevent unauthorized commercial use of plant varieties. Effective plant variety protection can open a door to economic development, particularly in the rural sector, providing an incentive for plant breeding in many different situations. The inventions of the plant varieties are excluded from patentability. As for plant varieties a sui generis form of legal protection is available under the International Convention for the Protection of New Varieties of Plants (the UPOV Convention). The aim of the legal protection of new plant varieties under UPOV is promoting the development of improved plant varieties for the benefit of farmers, growers and consumers.

 

Key words: Intellectual property, invention, plant variety, breeders’ rights.