Case Study: The Broccoli And Tomato Cases
5.3 Vernonia
A similar plant material transfer agreement was signed in 2005, between the IBC and EARO in Ethiopia and a UK company Vernique BioTech Ltd, on the plant genetic resources of Vernonia (Gebreselassie, 2009).
Vernonia is a tall plant with shiny black seeds, originating from Ethiopia (Gebreselassie, 2009). There are many varieties of the Vernonia plant, however after much research the variety today known as, Vernonia galamensis, was discovered in Ethiopia, and contained more vernolic acid than any previously researched vernonia species. The vernonia galamensis seed is consists of about 35 – 42% vernolic acid, which is a use raw material for the manufacture of adhesives, varnishes, paints and coatings (Perdue et al., 1989)
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As stated by Feindt (2012), “The legislative and jurisdictional extension of patent law to agriculture, by creating novel intellectual property rights on breeding processes, plants, animals, offspring and follow-up products, has created a new institutional layer to food and agricultural policy.”
For example, the European Biotechnology Directive includes an exclusion from patentability that states, “A process for the production of plants or animals is essentially biological if it consists entirely of natural phenomena such as crossing or selection” (Blakeney, 2012). This was recently brought under question by two patent applications. “One concerned whether a process involving crossing and selection of broccoli could be patentable. Another concerned a similar type of process relating to crossing and selection of tomatoes” (Blakeney, …show more content…
The inclusion of this patent law allows progress in the field of agricultural research, which is necessary to improve cultivars as well as maintain original landraces. “A breeder’s exception to patent rights was deemed necessary in order to mitigate the difficulties associated with accessing plant varieties containing patented elements and to increase innovativeness in the sector” (Prifti, 2014). Recently, on October 25th, 2013, amendment of section 2a(1)1 of the German Patent act clarifies that plants exclusively obtained through an essentially biological process shall not be patentable” (Prifti, 2014).
5.5 Quinoa/Amaranth
Quinoa, Chenopodium quinoa, is an annual plant that has been cultivated in the Andes for at least 3000 years. Its grains are extremely high in protein, and there are at least 45 cultivated varieties in the Andes (Gari, 1999).
In recent years, this tiny grain has become increasingly more demanded in areas outside of indigenous populations in the Andes. The increase in popularity and demand most likely stems from the unique characteristics of the grain. These characteristics include a seed that is particularly high in protein, iron, and vitamins as well as lacking the protein gluten, making it an enticing option for those with celiac disease or
A similar plant material transfer agreement was signed in 2005, between the IBC and EARO in Ethiopia and a UK company Vernique BioTech Ltd, on the plant genetic resources of Vernonia (Gebreselassie, 2009).
Vernonia is a tall plant with shiny black seeds, originating from Ethiopia (Gebreselassie, 2009). There are many varieties of the Vernonia plant, however after much research the variety today known as, Vernonia galamensis, was discovered in Ethiopia, and contained more vernolic acid than any previously researched vernonia species. The vernonia galamensis seed is consists of about 35 – 42% vernolic acid, which is a use raw material for the manufacture of adhesives, varnishes, paints and coatings (Perdue et al., 1989)
Similar …show more content…
As stated by Feindt (2012), “The legislative and jurisdictional extension of patent law to agriculture, by creating novel intellectual property rights on breeding processes, plants, animals, offspring and follow-up products, has created a new institutional layer to food and agricultural policy.”
For example, the European Biotechnology Directive includes an exclusion from patentability that states, “A process for the production of plants or animals is essentially biological if it consists entirely of natural phenomena such as crossing or selection” (Blakeney, 2012). This was recently brought under question by two patent applications. “One concerned whether a process involving crossing and selection of broccoli could be patentable. Another concerned a similar type of process relating to crossing and selection of tomatoes” (Blakeney, …show more content…
The inclusion of this patent law allows progress in the field of agricultural research, which is necessary to improve cultivars as well as maintain original landraces. “A breeder’s exception to patent rights was deemed necessary in order to mitigate the difficulties associated with accessing plant varieties containing patented elements and to increase innovativeness in the sector” (Prifti, 2014). Recently, on October 25th, 2013, amendment of section 2a(1)1 of the German Patent act clarifies that plants exclusively obtained through an essentially biological process shall not be patentable” (Prifti, 2014).
5.5 Quinoa/Amaranth
Quinoa, Chenopodium quinoa, is an annual plant that has been cultivated in the Andes for at least 3000 years. Its grains are extremely high in protein, and there are at least 45 cultivated varieties in the Andes (Gari, 1999).
In recent years, this tiny grain has become increasingly more demanded in areas outside of indigenous populations in the Andes. The increase in popularity and demand most likely stems from the unique characteristics of the grain. These characteristics include a seed that is particularly high in protein, iron, and vitamins as well as lacking the protein gluten, making it an enticing option for those with celiac disease or