This talk will explore the implications of current trends in intellectual property rights for wheat breeding for the Southern Cone, and suggest appropriate responses for public sector institutions. It will first review the applicable forms of intellectual property; including both plant variety protection and patent law, and briefly describe some of the relevant trends in U.S. and European patent law. This will include a series of examples of the different kinds of patents that are currently being issued whose claims cover wheat seeds or breeding or relevant production and research techniques. Later it will explore the relevance of these patents to wheat breeding and production in the Southern Cone, including consideration of the factors shaping impacts on the seed production industry within the Southern Cone, and, in addition, of impacts on wheat export to markets in which such patents are in force. Finally, it will explore appropriate responses for public and private sector breeders in the Southern Cone. The alternatives include the design of Southern Cone breeding programs to avoiding infringement, obtaining licenses from or entering in cooperative arrangements with the firms holding leading positions, and obtaining a patent portfolio for negotiating purposes.

English

0105|AL-Wheat Program|AGRIS 0102

Jose Juan Caballero

CIMMYT Publications Collection