Non-Fungible Plant Variety (NFPV): A Proposal for an Innovative Way of Controlling Seed Trade of Protected Plant Varieties (original) (raw)
Related papers
Identity Preservation of Agricultural Commodities
2000
Identity preservation (IP) refers to a system of production, handling, and marketing practices that maintains the integrity and purity of agricultural commodities. In its simplest form, IP has been employed since the beginning of agriculture when the seeds and grain of different crops were first traded separately. As the seed and food industries developed, the purity and quality expectations of buyers and processors increased and standards were established. Seed certification programs such as that used by the Association of Official Seed Certifying Agencies (AOSCA) play a major role in maintaining seed purity standards at levels established by the industry for national and international trade. Similarly, commodity traders, marketing organizations, and food processors have established purity and quality tolerances for specific end-product uses. As crops and production systems have diversified to meet market demands, the need for segregation and identity preservation of agricultural commodities has increased.
American Journal of Economics and Business Administration, 2009
Problem statement: Introduction of Intellectual Property Protection (IPP) to plant varieties has gone through some rough weather with objections being made not only with respect to their introduction but also with the type of protection to be accorded to the new varieties. Article 27(3)(b) of the TRIPs Agreement contains a lot of flexibilities as it allows WTO member states to choose the form of intellectual property protection and also the strength of IP protection. However, one of the primary effects of the provision is that it has forced a good number of the nations across the world to accord IPP to plant varieties where there existed none. The primary rationale given for the introduction of IPP in biotechnology is that it shall incentivise research in biotechnology which in turn shall help nations in building its food security. Conclusion: The study seeks to show that though the rationale has stood true to a good extent (as a lot of new plant varieties have been created by plant breeders in the past few decades that carry special traits resulting in an increase in the agricultural output and the quality of the produce). However, the research in plant varieties is often restricted to only a few crops that are commercially the most viable, hence, showing no change in the pattern of investment in the plant varieties even after the introduction of IPP. Moreover, after the introduction of Article 27(3) (b) (according of IPP to plant varieties and limiting the scope of imitation) there has seen large scale concentration and restructuring of the seeds industry all across the world. Further, the gradual substitution of traditional varieties by the modified plant varieties has also surfaced a whole host of other economic and environmental problems. These problems and holes in the incentive rationale thus justifies the counter measures taken by many nations such as farmer's rights, origin disclosure requirements, incentivizing the use of traditional varieties by farmers, creation of seed's banks, free exchange of germplasm.
Third Party Certification of Harvests using Non Fungible Blockchain Tokens
Third Party Certification of Agri-Food Supply Chain Using Smart Contracts and Blockchain Tokens, 2021
Every consumer’s buying decision at the supermarket influences food brands to make first party claims of sustainability and socially responsible farming methods on their agro-product labels. Fine wines are often subject to counterfeit along the supply chain to the consumer. This paper presents a method for efficient unrestricted publicity to third party certification (TPC) of plant agricultural products, starting at harvest, using smart contracts and blockchain tokens. The method is capable of providing economic incentives to the actors along the supply chain. A proof-of-concept using a modified Ethereum IGR token set of smart contracts using the ERC-1155 standard NFTs was deployed on the Rinkeby test net and evaluated. The main findings include (a) allowing immediate access to TPC by the public for any desired authority by using token smart contracts. (b) Food safety can be enhanced through TPC visible to consumers through mobile application and blockchain technology, thus reducing counterfeiting and green washing. (c) The framework is structured and maintained because participants obtain economic incentives thus leveraging it´s practical usage. In summary, this implementation of TPC broadcasting through tokens can improve transparency and sustainable conscientious consumer behaviour, thus enabling a more trustworthy supply chain transparency. View Full-Text Keywords: blockchain; agri-food; supply chain; third party certification; green-washing; Ethereum tokens; ERC-20; ERC-1155; distributed ledger technology; non fungible tokens
2007
Different forms of intellectual property protection are available for agri-biotech inventions: utility patents, plant variety protection, plant patents, trade secrets, geographic indications, trademark, and copyright. Each form has its own strengths and weaknesses. In general, stronger protections require meeting more stringent requirements. The three most important regimes for agri-biotech inventions are utility patents, plant variety protection, and trade secrets. A careful consideration of the relative demands and benefits of each regime will allow custom-tailored approaches to suit the needs of the inventor and the nature of the invention. HANDBOOK OF BEST PRACTICES | 1 general, a patent grants an inventor of a novel, nonobvious, and useful invention an exclusive monopoly of fixed duration in exchange for public disclosure of the invention. Patent and related regimes offer the strongest IP protection. It is not mutually exclusive, and concurrent protection under multiple regimes...
Intellectual Property on Plant Varieties
Floriculture, Ornamental and Plant Biotechnology: Advances and Topical Issues Vol. II, 2006
The UPOV convention is the basis for legislation on plant breeders' rights (PBR) in currently 59 single countries and the European Union. The chapter explains-on the basis of the UPOV convention-who is entitled to plant breeders' rights and the scope of such rights including its conditions, restrictions, and exemptions. Furthermore, the document details keywords of the legislation to enable applicants for plant breeders' rights to understand the legal procedure of the granting process. The grant of PBR is independent from regulations on the production or commercialization of a given variety.
Blockchain for agriculture and food
This report documents experiences and findings from the public private partnership (PPP) project 'Blockchain for Agrifood' that was started in March 2017. The project aims to contribute to a better understanding of the blockchain technology (BCT) and its implications for agrifood, especially how it can impact specific aspects of supply chains and what is needed to apply BCT in agrifood chains. A second aim of this project is to conceptualise and develop a proof of concept in an application based on a use case concerning table grapes from South Africa where BCT could be applied. This has been done by building a demonstrator that keeps track of different certificates involved in the table grapes supply chain. The code of this demonstrator is published at Github. 1 Furthermore, the project explored issues regarding the relevance, applicability and implications of BCT for the agrifood sector through literature study and stakeholder consultation.
Valuation of non-material assets in agriculture
Ekonomika APK, 2019
O.V. ZAKHARCHUK, doctor of economic sciences, senior research fellow T.V. MATSYBORA, candidate of economic sciences, senior researcher fellow V.V. NECHYTAILO, candidate of economic sciences V.O. ANTONENKO, postgraduate student* Valuation of non-material assets in agriculture The purpose of the article is to explore existing views on methodological approaches to the valuation of non-material assets through a prism of the development of intellectual property and capitalization of agricultural enterprises in modern conditions. Research methods. Dialectical method of scientific cognition, analysis and synthesis, systematic generalization (generalization of approaches to the valuation of non-material assets and drawing conclusions), methods of abstraction, comparison (when estimating the initial and fair value of a plant variety) were used in the research process. Research results. Approaches to the valuation of non-material assets through a prism of the development of intellectual property and capitalization of agricultural enterprises were considered and generalized. The method of estimating value of plant variety was substantiated; the proposed method of determining an initial and fair value of a plant variety was based on the rating of each object. Elements of scientific novelty. Based on the generalization of approaches to valuation of non-material assets, a method for estimating value of a plant variety based on establishing the rating of variety, its volume and term of use, and agreed percentage of royalties was proposed. Practical significance. Conclusions, suggestions and practical recommendations, as well as the proposed methodology for estimating value of a plant variety, when applied in practice, can significantly change the relationship between plant selection breeders, seed variety owners and seed producers, and provide fair financial calculations, which would give a new impetus for the development of national selection. Figs.: 3. Refs.:20.
Ekonomika poljoprivrede, 2019
The International Convention for the Protection of New Varieties of Plants (UPOV Convention) represents the most comprehensive international legal mechanism in this field. In spite of the fact that the UPOV Convention introduces only certain minimal common rules regarding the so called breeder's right, the efficiency and the level of acceptance of the entire UPOV system have had numerous economic and social benefits: significant increase of productivity, transparent and just mechanism for rewarding scientific effort and investment in research, important incentive for international trade of new varieties of plants and undisputed impact on agricultural and horticultural development. This paper provides a targeted analysis of the important provisions of the UPOV convention (notion of breeder, grant of breeder's right and its content) and examines some of its major economic consequences. It argues that the UPOV convention remains an effective international legal mechanism for the protection of new varieties of plants.
The book “Intellectual Property in Agriculture”
Juan Antonio Vives-Vallés; Natale Rampazzo; Jakub Kepinski (eds.), Intellectual Property in Agriculture[.] Plant Breeders’ Rights and Geographical Indications: towards a comprehensive approach to Intellectual Property in Agriculture, Thomson Reuters Aranzadi, Cizur Menor, 2022