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Published online 1 July 2008
Published in Crop Sci 48:1277-1290 (2008)
© 2008 Crop Science Society of America
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Intellectual Property Protection for Plant Varieties in the 21st Century

Stephen Smith*

DuPont Agriculture and Nutrition, Pioneer Hi-Bred, Crop Genetics Research and Development, 7300 NW 62nd Ave., Johnston, IA 50131

* Corresponding author (Stephen.Smith{at}Pioneer.com).

Most genetic gains in U.S. maize (Zea mays L.) breeding come from pedigree breeding compared to more predictable backcrossing strategies. Historically, breeding access to proprietary maize germplasm was limited by trade secrets and heterotic group assignation. Advances in marker technologies, doubled haploidy and off-season nurseries have revolutionized the speed and efficiency of germplasm access and utilization. Immediate access and facilitated deployment of germplasm that is already widely used in cultivation reduces the effective level of intellectual property protection (IPP) that was previously in effect by virtue of plant variety protection (PVP). Consequences of reduced IPP include yet further development of hybrids that more closely resemble existing widely used varieties and reduced incentives for the private sector to broaden the adapted germplasm base from the introduction of exotic germplasm. Breeders worldwide should have the choice of using utility patents and/or a new form of PVP that includes a revised breeder exemption. These changes will promote investments in crop improvement, together with additional benefit sharing via royalty flows from the use of exotic and underutilized germplasm, providing broader social benefits. Regular surveys of genetic diversity deployed on farms should also be undertaken because they represent an important component of national and global food security.

Abbreviations: BSSS, Iowa Stiff Stalk Synthetic • DH, doubled haploid • EDV, essentially derived variety • IPP, intellectual property protection • PVP, plant variety protection • SSR, simple sequence repeat • UPOV, International Union for the Protection of New Varieties of Plants • v-GURT, variety Genetic Use Restriction Technology

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Received for publication August 2, 2007.




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