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Review

The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change

Department of Agronomy, Iowa State University, 2104 Agronomy Hall, 716 Farm House Lane, Ames, IA 50011-1051, USA
Academic Editors: Niels P. Louwaars and Bram de Jonge
Agronomy 2021, 11(6), 1261; https://doi.org/10.3390/agronomy11061261
Received: 16 May 2021 / Revised: 14 June 2021 / Accepted: 18 June 2021 / Published: 21 June 2021
(This article belongs to the Special Issue The Role of Policies in Plant Breeding—Rights and Obligations)
This review examines the categorization of Essentially Derived Varieties (EDV) introduced in the 1991 revision of the Convention of the Union internationale pour la protection des obtentions végétales (UPOV). Other non-UPOV member countries (India, Malaysia, and Thailand) have also introduced the concept of essential derivation. China, a UPOV member operating under the 1978 Convention, is introducing EDVs via seed laws. Challenges in the implementation of the concept and progress made to provide greater clarity and more efficient implementation are reviewed, including in Australia and India. The current approach to EDV remains valid provided (i) clarity on thresholds can be achieved including through resource intensive research on an individual crop species basis and (ii) that threshold clarity does not lead to perverse incentives to avoid detection of essential derivation. However, technological advances that facilitate the simultaneous introduction or change in expression of more than “a few” genes may well fundamentally challenge the concept of essential derivation and require a revision of the Convention. Revision could include deletion of the concept of essential derivation coupled with changes to the breeder exception on a crop-by-crop basis. Stakeholders might also benefit from greater flexibility within a revised Convention. Consideration should be given to allowing members to choose if and when to introduce changes according to a revised Convention on a crop specific basis. View Full-Text
Keywords: intellectual property; intellectual property protection; plant variety protection; plant breeders’ rights; essentially derived variety; utility patent; plant breeding; biotechnology intellectual property; intellectual property protection; plant variety protection; plant breeders’ rights; essentially derived variety; utility patent; plant breeding; biotechnology
MDPI and ACS Style

Smith, J.S.C. The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change. Agronomy 2021, 11, 1261. https://doi.org/10.3390/agronomy11061261

AMA Style

Smith JSC. The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change. Agronomy. 2021; 11(6):1261. https://doi.org/10.3390/agronomy11061261

Chicago/Turabian Style

Smith, John S.C. 2021. "The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change" Agronomy 11, no. 6: 1261. https://doi.org/10.3390/agronomy11061261

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