Legal protection of plant biotechnological inventions

Authors

• P. T. Vanhala Department of Microbiology, University of Helsinki, SF 00710 Helsinki, Finland
• T. Pehu Department of Microbiology, University of Helsinki, SF 00710 Helsinki, Finland
• H. G. Gyllenberg Department of Microbiology, University of Helsinki, SF 00710 Helsinki, Finland

DOI: https://doi.org/10.23986/afsci.72371

Abstract

Within biotechnology, plant production is regarded as one of the most promising adaptations. New plant breeding methods are considered to better fulfil the requirements set on patentability than the traditional breeding methods. In Europe, a plant variety can be protected by special legislation. The present patent laws in Europe are not applied to plant biotechnological inventions. The United States has three systems under which new varieties of plants may be protected. These include The 1930 Plant Patent Act, The 1970 Plant Variety Protection Act and The 1952 Patent Statute. Companies that have specialized in plant breeding and organizations representing the industrial countries recommend improvements to the legal protection. On the other hand, farmers and the developing countries are against better protection.