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IPR and Plant Genetic Resources (PGRs)

In most industrialized countries, crop varieties are subject to intellectual property rights in the form of PBR (Plant Breederts Rights). However, the present intellectual property right UPR) systems do not promote, nor were they designed to promote, the protection of diversity of whole ecosystems or unmodified plants (biodiversity).

However, the evaluation, use and maintenance of plants may be encouraged indirectly by the patent system, when a part of the plant has a commercial value.

For instance, if PBR is extended to all plants, as is currently being discussed at the international level, this might help in extending breeding work to more crops, which in turn will contribute to the development of greater crop diversity.

In this connection, it is significant that changes are being proposed by some industrialized countries to the General Agreement on Tariffs and Trade (GATT) and to World Intellectual Property Oranization (WIPO). If these changes are made, the only form of human innovation, that are not patentable, will be the informal innovations in developing countries.

At present, we do not understand fully the implications of the extension of intellectual property rights (IPR) to plant genetic materials and crop varieties. This may have far reaching impact on maintenance and preservation of plant genetic resources, because the current IPR systems reinforce the tendency of plant breeders to decrease genetic diversity.

In view of this, the impact of extending IPR to plant genetic material is being studied, and discussed at the international level.