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a Department of Applied Economics and Management, Cornell University, Ithaca, NY 14853
b Department of Plant Breeding, Cornell University, Ithaca, NY 14853
* Corresponding author (mam13{at}cornell.edu).
This paper examines the most recent (1991) UPOV modification of Plant Variety Protection systems to provide incentives for prebreeding. We conclude the system is unworkable as presently interpreted and, at a minimum, recommend that national bodies be established to manage minimum enhancements for initial variety status. A more fundamental limitation is the application of a single approach for improvements controlled by single or by multiple gene traits; a relatedness requirement is appropriate for the latter but not the former. We recommend different criteria be applied depending on the type(s) of innovation that characterizes a new variety. Absent that, the incentive structure applies pressure against the use of competitors' materials in a breeding program, which can delay breeding advances, while not providing significant incentives to encourage introduction of new traits through prebreeding.
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