Plant variety (law): Difference between revisions
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{{About|the legal term|other uses|Plant variety (disambiguation){{!}}Plant variety}} |
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[[File:Trend in plant variety applications worldwide 2008-2022.png|thumb|Plant variety applications by region, 2012 and 2022. [[World Intellectual Property Indicators|WIPI]] 2023.]] |
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Note that this "variety" (which will differ in status according to the local law of the land) should not be confused with the international (the same the world over): |
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| ⚫ | '''Plant variety''' is a legal term, following the [[International Union for the Protection of New Varieties of Plants]] (UPOV) Convention.<ref>{{Cite web |title=WIPO Lex, Treaties, International Convention for the Protection of New Varieties of Plants (UPOV) |url=https://www.wipo.int/wipolex/en/treaties/details/27 |access-date=2023-12-11 |website=www.wipo.int}}</ref> Recognition of a cultivated [[plant]] (a [[cultivar]]) as a "variety" in this particular sense provides its [[Plant breeding|breeder]] with some legal protection, so-called [[plant breeders' rights]], depending to some extent on the internal legislation of the UPOV signatory countries, such as the [[Plant Variety Protection Act]] in the US. |
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* [[taxonomic rank]] of [[variety (botany)|variety]] (regulated by the ''[[ICBN]]'') |
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* [[cultivar]] (regulated by the ''[[ICNCP]]''). |
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This "variety" (which will differ in status according to national law) should not be confused with the international [[taxonomic rank]] of "[[variety (botany)|variety]]" (regulated by the ''[[International Code of Nomenclature for algae, fungi, and plants]]''), nor with the term "[[cultivar]]" (regulated by the ''[[International Code of Nomenclature for Cultivated Plants]]''). Some [[Horticulture|horticulturists]] use "variety" imprecisely; for example, [[Viticulture|viticulturists]] almost always refer to grape cultivars as "[[List of grape varieties|grape varieties]]". |
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The EU has established a system that grants [[Intellectual property|intellectual property rights]] to new plant varieties called [[Community plant variety right]]. It is valid throughout the EU and is in line with [[TRIPS Agreement|TRIPS]]/WTO agreements and the UPOV 1991 convention.<ref>{{Cite web |title=Plant variety property rights - European Commission |url=https://food.ec.europa.eu/plants/plant-variety-property-rights_en |access-date=2023-12-11 |website=food.ec.europa.eu |language=en}}</ref> |
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[[Category:Horticulture and gardening]] |
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[[Category:Botanical nomenclature]] |
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Around 27,260 plant variety applications were filed worldwide in 2022, up 8.2% on 2021 – a seventh consecutive year of growth. China contributed the majority of global growth, followed by the United Kingdom. <ref>{{Cite web |title=World Intellectual Property Indicators 2023 |url=https://www.wipo.int/publications/en/series/index.jsp?id=37 |access-date=2023-12-11 |website=www.wipo.int |language=en}}{{cc-notice|by4}}</ref> |
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== See also == |
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[[de:Sorte (Pflanze)]] |
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* [[Lists of cultivars]] |
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[[es:Variedad (planta)]] |
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* [[Protection of Plant Varieties and Farmers' Rights Act, 2001]] of India |
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[[nl:Ras (plant)]] |
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==References== |
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{{Reflist}} |
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<!--Do not add [[:Category:Botanical nomenclature]]; That category is inappropriate, as this is a legal, not botany term and just because it applies to plants doesn't make it a botany term. It in fact conflicts with [[Variety (botany)]]!--> |
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<!--Do not add [[:Category:Horticulture and gardening]]; this article is about legal protection for large-scale commercial plant production, not small-scale farming and gardening.--> |
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{{Authority control}} |
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{{DEFAULTSORT:Plant Variety (Law)}} |
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[[Category:Legal terminology]] |
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[[Category:Biological patent law]] |
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Latest revision as of 15:07, 25 June 2024
Plant variety is a legal term, following the International Union for the Protection of New Varieties of Plants (UPOV) Convention.[1] Recognition of a cultivated plant (a cultivar) as a "variety" in this particular sense provides its breeder with some legal protection, so-called plant breeders' rights, depending to some extent on the internal legislation of the UPOV signatory countries, such as the Plant Variety Protection Act in the US.
This "variety" (which will differ in status according to national law) should not be confused with the international taxonomic rank of "variety" (regulated by the International Code of Nomenclature for algae, fungi, and plants), nor with the term "cultivar" (regulated by the International Code of Nomenclature for Cultivated Plants). Some horticulturists use "variety" imprecisely; for example, viticulturists almost always refer to grape cultivars as "grape varieties".
The EU has established a system that grants intellectual property rights to new plant varieties called Community plant variety right. It is valid throughout the EU and is in line with TRIPS/WTO agreements and the UPOV 1991 convention.[2]
Around 27,260 plant variety applications were filed worldwide in 2022, up 8.2% on 2021 – a seventh consecutive year of growth. China contributed the majority of global growth, followed by the United Kingdom. [3]
See also
[edit]References
[edit]- ^ "WIPO Lex, Treaties, International Convention for the Protection of New Varieties of Plants (UPOV)". www.wipo.int. Retrieved 2023-12-11.
- ^ "Plant variety property rights - European Commission". food.ec.europa.eu. Retrieved 2023-12-11.
- ^ "World Intellectual Property Indicators 2023". www.wipo.int. Retrieved 2023-12-11.
This article incorporates text available under the CC BY 4.0 license.
External links
[edit]- International Union for the Protection of New Varieties of Plants (UPOV)
- Community Plant Variety Office (CPVO)
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